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#5823-variances-2009
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1989 Fagerness Point Road - 18-117-23-14-0002
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#5823-variances-2009
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Last modified
8/22/2023 3:46:21 PM
Creation date
8/3/2016 3:41:51 PM
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x Address Old
House Number
1989
Street Name
Fagerness Point
Street Type
Road
Address
1989 Fagerness Point Road
Document Type
Resolutions
PIN
1811723140002
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, <br /> � O ` V <br /> O O <br /> ' �� CITY of ORONO <br /> a� - <br /> � <br /> � � � <br /> �� ' ""�t/` ' �'�' RESOLUTION OF THE CITY COUNCIL <br /> �9kES8�4� NO. `y � 7 �j <br /> a. The PlanninQ Commission did not find siynificant hardship to allow <br /> new construction within 7�" of the OHWL as the additions could be <br /> constructed in conforming locations. <br /> �. The City Council has considered this application including the findinas <br /> and recommendation of the Planning Commission. reports by City staff, <br /> comments by the applicants and the public, and the effect of the proposed <br /> variance on the health, safety and welfare of the communitv. <br /> 6. The City Council finds that the conditions existing on this property are <br /> peculiar to it and do not apply generally to other property in this zoning <br /> district; that granting the variance would not adversely affect traffic <br /> conditions, light, air nor pose a fire hazard or other danger to neiahboring <br /> property; would not merely serve as a convenience to the applicants, but is � <br /> necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property ri�ht of the applicants; and would be in <br /> keepinQ with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findin�s, the Orono City Council hereby <br /> �rants variances to Orono Municipal Zoning Code Section 78-1288 Subdivision B to <br /> allow hardcover within the western 0-75 setback zone far 4?0 s.f. or 4°/o where 7�� s.f. <br /> or 7.3% currently exists and 0% is normally allowed and within the 75'-250' setback <br /> zone for 2,448 s.f. or �l°/o hardcover where 2,046 s.f. or 43% currently exists and 2�% is <br /> normallv allowed and denial of variances to Orono Municipal Zoning Code Sections 78- <br /> 1?79 and 78-1?88 Subdivision A to allow construction of home additions to encroach <br /> into the 0-75 setback from the OHWL. subject to the following conditions: <br /> 1. Council approval is based on the site plan submitted by the applicants and <br /> annotated by City staff, attached to this Resolution as Exhibit B. Any <br /> amendments to the site plan which are not in conformity with City codes will <br /> require further Plannin� Commission and City Council review. � <br /> 2. Hardcover in the western 0-75' zone shall not increase above the level of 4% or <br /> 4?0 s.£, and hardcover in the eastern 0-75' zone shall not increase above the level <br /> of?6% or 1,431 s.£ (not including 864 s.f. of driveway which serves the property <br /> to the south). Hardcover in the 75-250' zone shall be limited to �.448 s.f. or 51% <br /> Pa�e 3 of 4 <br />
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