OWNER(S) NAME: Ann M. LaPides
AGENT(S): Tim Brochu, CES Inc.
LOCATION: 90 Mill Cove Road, Mount Desert
TAX MAP: 011 LOT(S): 053 ZONE(S): Shoreland Residential 3 (SR3)
PURPOSE: Reconstruction or Replacement of an existing Single Family Dwelling, including all Utilities
SITE INSPECTION: 3:00 PM
Section 4.3.3
Section 4.3.3. Reconstruction or Replacement. Any non-conforming structure which is located less than the required setback from a water body, tributary stream, wetland and which is removed, or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure, as determined by an appraiser, before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within eighteen (18) months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or Code Enforcement Officer in accordance with the purposes of this Ordinance. In no case
shall a structure be reconstructed or replaced so as to increase its non-conformity.
If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Section 4.3.1, as determined by the non-conforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Section 4.3.2.
Any non-conforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50% or less of the market value as determined by an appraiser, or damaged or destroyed by 50% or less of the market value as determined by an appraiser the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Code Enforcement Officer within one year of such damage, destruction, or removal.
In determining whether the structure reconstruction or replacement meets the setback to the greatest practical extent the Planning Board shall consider, in addition to the criteria in Section 4.3.3 (over), the physical condition and type of foundation present, if any.
Findings of Fact(s): Per the site visit and review of the application, proposed reconstruction and replacement does not meet the setbacks to the greatest practical extent. The total amount of floor area and volume of original structure can be relocated beyond
the setback requirement. (Kiley/Ashmore) 5-0
Conclusion of Law: Standard not
met.
(Kiley/Ashmore) 5-0
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