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Re: variance request
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2800 Pheasant Road - 21-117-23-32-0004
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Re: variance request
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Last modified
8/22/2023 4:06:05 PM
Creation date
7/3/2018 12:29:46 PM
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x Address Old
House Number
2800
Street Name
Pheasant
Street Type
Road
Address
2800 Pheasant Road
Document Type
Correspondence
PIN
2111723320004
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The two-acre property is bordered by 1600 feet of shoreline and includes a peninsula. <br /> Within the property's total square footage of 88,543 feet, three quarters or 66,046 square <br /> feet are located in the 0-75' zone. This results in a property where the average lakeshore <br /> setback line is outside of the property boundaries,the actual build able acreage, within <br /> the 75-250' zone, comprises a relatively small proportion of the total lot area. In <br /> addition, the long and narrow configuration of the build able zone requires <br /> disproportionate use of hardcover for property access. <br /> Undue Hardship <br /> Section 10.08 subd. 3 of the zoning ordinance set forth examples of"undue hardships". <br /> Those specifically set forth and which apply directly to 2800 Pheasant include the <br /> following: <br /> 1. The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner. <br /> Three fourths of the dry acreage is in the 0-75' zone. The circumstances of a 600-foot <br /> long, 75-foot wide peninsula are wholly unique to this property. In addition,the narrow <br /> aspect of the build able zone requires a disproportionate use for the driveway access <br /> hardcover, severely minimizing hardcover for dwelling unit. <br /> 2. The variance, if granted, will not alter the essential character of the locality. <br /> The variance will result in 0 net hardcover change and reduce the non-conforming <br /> hardcover in the 0-75' zone. The proposed structure will establish well in the locality and <br /> preserve the character of the neighborhood. <br /> 3. Econornic consideration alone is not the reason for this request. <br /> Economic considerations really have no bearing on the request. Should a variance not be <br /> granted, the applicant would be required to rebuild on the existing foundation. The <br /> resulting hardcover in both the 0-75' and 75-250 ` zone would be unchanged from today <br /> and would result in the continued non-conformity with the zoning ordinance and the <br /> Comprehensive plan. Alternatively, if the variance is granted, it will be somewhat more <br /> expensive to set back a new home and foundation within the 75-250' zone, but the result <br /> will be a reduction in hardcover in the 0-75' zone,no net increase in hardcover, and a <br /> structure that more fully complies with the Comprehensive plan and spirit of the zoning <br /> ordinance. <br /> 4. The special conditions applying to the land are peculiar to such property and the <br /> conditibn does not generally apply to other land in the district. <br /> As stated, there is no other property in Orono that is two acres,peninsular, has one and <br /> one-half dry acres in the 0-75' zone and approximately 1,600 feet of shoreline resulting <br /> in the average lakeshore setback line outside the property boundaries. <br />
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