Conditional Use Approval Application #004-2012
NAME(S): Robert Clay Kanzler
AGENT(S): William Hanley, WMH Architects
LOCATION: 45 Main Street, Seal Harbor
TAX MAP: 30 LOT: 28 ZONE(S): Village Residential 2
PURPOSE: Section 6B.8 – Fences and Walls exceeding CEO authority.
SITE INSPECTION: 2:00PM
Checklist
Land Use Zoning Ordinance of the Town of Mount Desert
** Note: All Conclusions of Law are to be read as if they are prefaced by the words “Based upon said Findings of Fact …”
SECTION 6 STANDARDS FOR USES, PERMITS AND APPROVALS
FOR REVIEW BY PLANNING BOARD
6A GENERAL PERFORMANCE STANDARDS
6A.1 Compatibility p;"font-family:Garamond;font-size:9pt;color:#000000;">VOTE: Conclusion of Law 3-0 Andrews/Tracy
Notes: 6A.2 N/A 6A.3 N/A
6A.4 N/A 6A.8 N/A
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
6B.1 Agriculture X N/A bsp; Sign Regulations X N/A er;">1. A Code Enforcement Officer Permit may be issued for solid fences or walls up to six (6) feet in height provided that:
1. A setback of six (6) feet is maintained from roads, sidewalks, and right-of-ways.
2. It does not obstruct highway visibility.
3. A plan for vegetative screening, in the six (6) foot setback area, is provided that produces a minimum of twenty (20) percent cover of the fence or wall area. The plan must be implemented and maintained.
4. Such fences or walls shall not unduly restrict scenic views.
5. The structural side of the fence shall not face the public view.
Notes:
Findings of Fact(s) 6B.8: See plans attached to application, and cover letter and photograph to application 3-0 Andrews/Tracy
Conclusion of Law: Standards of 6B.8 are met. 3-0 Andrews/Tracy
6C SHORELAND ZONING STANDARDS FOR REVIEW BY PLANNING BOARD
Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if
applicable.
X N/A: Findings of Fact: The proposed lot is entirely outside the Shoreland Zone.
VOTE: Findings of Facts 3-0 Andrews/Tracy
Conclusion of Law: Section 6C is not applicable.
VOTE: Conclusion of Law 3-0 Andrews/Tracy
6C.1 Agriculture "#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">6C.7 Marine and Freshwater Structure Standards nd" size="+0" color="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">
VOTE: Findings of Facts and Conclusion of Law -
Notes:
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION #: 004-2012
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
APPLICATION
APPROVED: 2/13/12 DENIED:
(Date) (Date)
NOTE: The holder of a Conditional Use Permit/Approval must construct and operate the approved conditional use as applied for and as represented during the permitting process to the Planning Board.
NOTE: The Land Use Zoning Ordinance requires that a Conditional Use Permit/Approval must be undertaken within one year from the date of approval, or a new permit must be obtained.
THE MINUTES OF THIS PUBLIC HEARING CONSTITUTE A PART OF THE RECORD FOR THIS MATTER
SIGNATURES OF ALL VOTING BOARD MEMBERS:
Ellen T. Brawley
Schofield Andrews Original signatures on file.
Joseph Tracy
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