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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 /> 8. "The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property." <br /> The nonconforming size, irregular shape and location of Stubb's Bay Creek on the subject <br /> property are unique and peculiar conditions of the subject property that do not generally <br /> affect other properties within the City of Orono. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which said <br /> land is located." <br /> See Applicants' statement in response to item no. 8. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." <br /> Unless the requested variances are granted, the subject property may not reasonably be used <br /> to construct a single-family residence thereon as proposed by Applicants, which use is a <br /> reasonable use permitted in the zoning district in which the property is located. <br /> � 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, <br /> morals, or in any other respect be contrary to the intent of the Zoning Code." <br /> The proposed use of the property for a single-family residential purpose is a permitted use. <br /> Applicants' proposed residence is in keeping with the character of residences constructed on <br /> adjoining properties. Applicants have proposed screening, landscaping, vegetative buffering <br /> and other mitigative measures to prevent any adverse affects. The proposed variances will <br /> not be contrary to the intent of the Zoning Code. Applicants' proposed vegetative buffering <br /> and bank stabilization and improvement within the 75 foot setback from Stubb's Bay Creek <br /> will significantly improve the subject property and be of benefit to the surrounding <br /> neighborhood. <br /> As indicated in Applicants' statement in response to item no. 3, granting of the variance will <br /> improve traffic safety because the driveway entrance will be relocated to Crestview Avenue. <br /> Granting of the variance will also reduce hardcover within the 75 foot setback from Stubb's <br /> Bay Creek. <br /> 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate demonstrable hardship or difficulty." <br /> See Applicants' statements in response to item nos. 1, 2, 3, 4, 8, 10 and 11, above. Removal <br /> of the existing dwelling and construction of the new single-family residence proposed by <br /> Applicants is the most reasonable use of the subject property. Granting of the requested <br /> variances to permit this use is necessary to alleviate demonstrable hardship to Applicants. <br /> RECEBVE[� <br /> SEP � � 2009 <br /> Huthwaite/HardshipStatement 2 CITY OF ORONO <br />
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