01-19-2021 Planning Commission Packet

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Orono City Chair Ressler Orono City Planning Commission Members January 19, 2021 Page 10 (Sec. 78-123(a)(4)). And the Jacobs Trust's pursuit of variances in order to establish and develop this proposed subdivision is purely economical in nature. Second, granting variances in order to enable the construction of the proposed subdivision would "adversely affect the purpose and intent" of the Zoning Regulations and harm "the health [and] welfare of the public." (Sec. 78-121). Rather than being mindful of the "maintenance of open space and the avoidance of overcrowding of land," as the Zoning Regulations intended, this subdivision and its variances seek to prematurely overdevelop the Jacobs Trust. (Sec. 78-5(a)(5)). The Jacobs Trust hopes to sidestep the need for individual lot variances through the creation and use of arbitrary ALS lines and blanket plat approval. Doubtless, this has something to do with the challenge of meeting the "practical difficulties"test of a variance or changing an ALS ordinance. But the reality is, the Jacobs Property is not unique; there are no practical difficulties to its development. The property can reasonably be developed at a lower density and meet all current codes. The Jacobs Trust desires to place more homes on the property is to obtain a better return for themselves. But this comes at the expense of the adjoining neighbors who have reasonably relied on the protections of the ALS for decades and to the potential detriment of the health, safety and welfare of the residents in the area. As stated by the City's own Ordinances, economic considerations alone do not constitute practical difficulties for compromising the rights of adjoining property owners. 10 6733724v1