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Case File: V08-04 <br />Page 3 <br />Applicable Regulations <br />Variance Criteria <br />Variance <br />Ray Christensen <br />7. Literal enforcement of the ordinance will cause undue hardship. <br />Without granting the variance, the applicant would be unable to subdivide his property. Other <br />properties of similar size in the same general vicinity have been granted a subdivision for two <br />lots, the most recent of which was located adjacent to the property (Case V04-07 Plaisted). <br />2. The hardsh~ is caused b~.r~ecial conditions and circumstances which are peculiar to the ~rot~erty and the <br />structure involved and which are not characteristic of or a~licable to, other lands or structure in the same area. <br />The lot is adjacent to Lake Orono which requires larger lots than the minimum for that zoning <br />district. Smaller lots are not out of character for this neighborhood. <br />3. The sbecial conditions and circumstances are not a consequence of the~etitioner's own action or inaction. <br />The property was combined in 1988 to have one PID number. At that time the two lots met the <br />minimum requirements of the ordinance. <br />4. The literal a~lication of the ~irovisions of this ordinance would de~irive the petitioner of rights enZoYed by other <br />~ro~erties in the same district under the terms of this ordinance. <br />Literal application of the dimensional requirements would deprive the applicant of the <br />opportunity to subdivide his property, similar to other properties in this same general <br />neighborhood. <br />The property does have a single family home and is being used as a single family lot, subdivision <br />is not guaranteed. <br />5. The variance will not be injurious to or adverse a~ect the health, safe or welfare of the residents of the cit~r <br />the neighborhood where the~ro~erty is located and will be in keebing with sbirit and intent of the ordinance. <br />If approved the two lots will be consistent with the majority of the lots in the neighborhood. <br />The property is within the Shoreland overlay district, stricter rules apply for subdivision and <br />development that will protect the health safety and welfare of the residents. <br />Action Motion by Second by Vote <br />Follow Up <br />S:\PLANNING MAIN\Case Files\Variance\V 08-04 Christensen\BOA report.doc <br />