Staff Recommendation on BP 12750 by Variance

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Staff Recommendation on BP 12750 by Variance

• Applicant Arthur J. Byron
• Location Sandy River Plt., Franklin County
• Beaver Mt. Lake (Long Pond)

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VARIANCE REQUEST

• The applicant seeks a building permit by
  variance from the Commissions minimum
  shoreline frontage requirement
• Under Section 10.26, B, 1, a, the minimum
  shoreline frontage requirement for residential
  uses is 200 feet per dwelling unit

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VARIANCE REQUEST

• The applicant states
• The lot was created prior to the Commission
• Without a residence the property value would be
  greatly diminished
• The property has a unique shape
• The proposed development would exceed the minimum
  setback from the lake and will in no way detract
  from the natural beauty and ambiance of the lake

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LOT INFORMATION

• Lot Size 1.12 Acres
• Road Front 203 feet on Route 4
• Waterfront 66 feet on Beaver Mt. Lake
• Zoning (D-RS3) Residential Recreation
  Development Subdistrict

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Existing Undeveloped Lot
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SHORE FRONTAGE
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View From Waterfront
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View From Waterfront
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Neighboring Camps
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Proposed Development

• The applicant proposes to construct
• 26 ft by 52 ft Single Family Residence
• 12 ft. by 34 ft. Attached front deck
• 10 ft. by 16 ft. Attached side deck
• 26 ft by 48 foot Garage
• Footpath to waterfront

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PROPOSED DEVELOPMENT
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Variance Criteria Section 10.10

• The Commission may grant a variance if
• The general spirit and intent of the rules are
  maintained
• The public interest is protected
• Strict compliance would cause an unusual hardship
  or extraordinary difficulties because of one of
  the following

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Variance Criteria Section 10.10

• The land in question cannot yield a reasonable
  return unless a variance is granted
• The need for a variance is due to the unique
  circumstances of the property and not to the
  general conditions of the neighborhood
• The granting of a variance will not alter the
  essential character of the locality
• The hardship is not the result of action taken by
  the petitioner or a prior owner or lessee

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Review Criteria

• Section 10.21, J, 3, c
• Single family residences are an allowed use in
  the D-RS3. Other uses include non permanent
  docks, primitive recreation, agricultural
  management, campsites, local parks and recreation
  areas
• Section 10.11, E, 3
• Unimproved, nonconforming lots, legally existing
  as of Sept. 23, 1971 may not be developed unless
  the Commission grants a variance to those
  standards that make the lot nonconforming. If the
  lot is at least 20,000 square feet in size and
  has 100 ft of waterfront, the need for a variance
  may be waived.

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CONCLUSIONS

• Proposal does not meet the minimum shoreline
  frontage requirements of 200 ft
• Proposal does not qualify for a waiver from the
  variance criteria as the property does not
  contain at least 100 ft of shoreline frontage
• Proposal does not qualify for a variance
• The petitioner has not demonstrated that strict
  compliance creates unusual hardship
• Specifically, property does not meet the
  reasonable return criteria

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CONCLUSIONS

• While the property meets some of the variance
  criteria, the rules specifically state that all
  four of the additional criteria must be met for a
  variance to be granted

• The need for a variance is due to the unique
  circumstances of the property and not to
  the general conditions of the neighborhood
• The granting of a variance will not alter the
  essential character of the locality
• The hardship is not the result of action taken
  by the petitioner or a prior owner or lessee
• The land in question cannot yield a reasonable
  return unless a variance is granted

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REASONABLE RETURN

• Law Court has interpreted Reasonable Return and
  has stated it is not tantamount to Maximum Return
• Perrin v. Town of Kittery, 591 A.2d 861 (Me.
  1991)
• In order to meet the reasonable return criteria a
  petitioner must show that denial of a variance
  would result in the practical loss of all
  beneficial use of the land
• In this case, other permitted uses are allowed in
  the D-RS3 zone of this property, that would not
  need to meet the residential shoreline
  requirements, and would provide reasonable return
  (e.g. Campsite)

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REASONABLE RETURN

• The petitioner asserts that not granting a
  variance would greatly diminish the property
  value,
• However,
• the petitioner was on notice at the time of
  purchase through the disclosure statement that
  the property must meet LURC approval.
• The property was purchased by the present owner
  at a discounted price in 2002. The asking price
  was 45,000, purchase price 25,000.
• And,
• There are other uses that allow the property to
  yield a reasonable return.
• therefore

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STAFF RECOMMENDATION

• Staff Recommends Denial of BP 12750 by Variance