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• <br />MINUTES OF A REGULAR ORONO COUNCIL MEETING <br />HELD JUNE 14, 1993 <br />ZONING FILE #1737 — CONT. <br />Mabusth answered the agent has contacted the City and has been <br />shown the entire file. She reported the gazebo, deck and deck above <br />the boat house have been dismantled and need to be removed. <br />It was moved by Mayor Callahan, seconded by Kelley, to approve the <br />request for Application #1737 for Richard Hollander, 680 North Arm <br />Drive, for a 60 day extension to the deadline date for removal of <br />hardcover, subject to an agreement being signed within 10 days from <br />this meeting and a Letter of Credit for 150% of the improvements <br />be submitted to the City, and failure to provide such will result <br />in the City enforcing the conditions of the original approving <br />resolution. Ayes 3, nays 0. <br />( #4) #1811 C. JACK REMIEN, <br />3237 CASCO CIRCLE - VARIANCE <br />• Mayor Callahan asked the City Attorney to summarize the position <br />of the attorney's of the competing parties. <br />Staunton reported the Council has broad discretion to grant or deny <br />variances but they are required to articulate reasons from evidence <br />as presented in doing so. Undue hardship must be present to approve <br />a variance. He reviewed the many relevant facts presented by both <br />sides, and said the Council needs to decide a reasonable use of the <br />property, and based on the information presented Council has the <br />discretion to either deny or approve. <br />Mayor Callahan clarified that the applicant has a heavy burden to <br />show hardship. <br />Remien began by stating he has discussed the issue with several <br />Council members who asked his intent in purchasing the property. <br />He stated he purchased the property with the intent to add on to <br />his existing residence, but always felt if those plans changed, the <br />lot could be sold as a buildable lot. He referred to Mr. Bachman's <br />letter which infers he will realize financial gain. He asked if it <br />is a prerequisite that something must be gained from the approval <br />of a variance, or is the purpose merely to prevent negative impact. <br />He referred to the comment in the letter stating the development <br />of this lot will have a negative affect on the Lake and stated <br />every building has that same negative affect, and he felt this <br />would be beneficial because it would provide a new structure on the <br />• lake versus old dilapidated buildings. He added, with the new <br />residence the old shed and sidewalk leading to the Bielkes house <br />would be removed. He said as a resident of Casco Circle, he sees <br />a benefit to allowing this lot to be developed. <br />R1 <br />