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11-16-2009 Planning Commission Packet
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11-16-2009 Planning Commission Packet
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, ' . <br /> HARDSHIP STATEMENT FOR VARIANCE APPLICATION <br /> 3382 BAYSIDE ROAD, ORONO <br /> 1. "The property in question cannot be put to a reasonable use if used under conditions allowed <br /> by the official controls." <br /> The existing residence located on the subject property was constructed in 1942. It has not <br /> been well maintained, is presently vacant and does not conform with the requirements of the <br /> City's current zoning ordinances. The most reasonable use of the subject property is to <br /> remove the existing residence and construct a new single-family residence on the subject <br /> property. This use is not practical because the property does not meet current minimum lot <br /> size and setback requirements, which were adopted after construction of the existing home <br /> located on the subject property. <br /> 2. "The plight of the landowner is due to circumstances unique to his property not created by <br /> the landowner." <br /> The irregular shape, nonconforming size and the existence of Stubb's Bay Creek on the <br /> subject property are all unique to this property and are not circumstances created by the <br /> landowner or Applicants. The necessity of obtaining these variances results from zoning <br /> requirements adopted by the City of Orono after the use of the subject property as a single <br /> parcel for residential use was established, and were not created by the landowner or <br /> Applicants. <br /> 3. "The variance, if granted,will not alter the essential character of the locality." <br /> The new residential dwelling proposed by Applicants is of a size and design in harmony with <br /> other residences within the surrounding neighborhood. Applicants have proposed screening, <br /> vegetative buffering and other mitigative measures so that approval of the requested <br /> variances and construction of the proposed single-family residence will not alter the essential <br /> character of the locality. Applicants' proposed vegetative buffering, bank stabilization and <br /> other improvements within the 75 foot setback from Stubb's Bay Creek will significantly <br /> . improve the subject property and be of benefit to the surrounding neighborhood. <br /> Granting the variance will, in fact, result in improvements to the neighborhood and the <br /> property itself. Applicants propose to remove the existing driveway exiting to Bayside Road <br /> - and relocate the driveway to Crestview Avenue. This will result in a safer traffic condition <br /> than the current driveway entrance on Bayside Road, which is of benefit to the property and <br /> the neighborhood. The existing driveway to Bayside Road would be removed resulting in a <br /> significant reduction of the hardcover within the 75 foot setback from Stubb's Bay Creek <br /> because the existing driveway is currently located within this setback and the new driveway <br /> to Crestview will not be. <br /> 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for <br /> the property exists under the terms of the Zoning Chapter." <br /> Applicants' request is not based on economic considerations. Instead, Applicants' variance <br /> request is based on the impracticability of constructing a new single-family residence on the <br /> subject property in strict compliance with all requirements of the City's zoning ordinance due <br /> to the unique characteristics of the subject property. �tECEi!/EI� <br /> Huthwaite/HazdshipStatement 1 S E P 2 1 2009 <br />
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