Laserfiche WebLink
• <br /> Significantly, the Orono City Code also addresses at least one zoning <br /> • ramification of the combination of lots for tax purposes. Section 11.03.66.a.2 which <br /> discusses Class I subdivisions, permits the formation of Class I subdivisions without <br /> formal platting if the property was previously combined for tax purposes. Exhibit 11. <br /> • <br /> The clear implication of that section is that the combination of lots for tax purposes <br /> has the additional effect of combining lots for zoning and other land use purposes. <br /> • D. " Vested" Rights <br /> Respondent claims that he has a "vested" right to develop Parcel 29 as six <br /> platted lots. This theory ignores the fact that he bought the parcel after the <br /> • <br /> minimum lot size increased from one to five acres. He knew that he purchased six <br /> platted lots that had become non-conforming by the zoning change. Further, Orono <br /> • issued him a building permit to build his residence based on "all combined lots" in <br /> the Mark One plat. Exhibit 3. The city reviewed his plans regarding building <br /> requirements in the RR-1A zoning district by considering the entire parcel as one lot. <br /> • <br /> The city would not have issued him a building permit without a variance if he had <br /> applied for it using only Block 2, Lot 2 as the proposed lot for his home. See Exhibit <br /> • 12. <br /> The facts of this case resemble those considered by the Eighth Circuit Court <br /> of Appeals in Wermager v. Cormorant Township Board, 716 F.2d 1211 (8' Cir. <br /> • <br /> 1983). In Wermager, the plaintiffs intended to develop their land as a resort area. <br /> They platted a portion of the land and began development on it. In cooperation with <br /> • the Township, they agreed to construct a sewage disposal facility for which they <br /> donated three acres of land and spent $11,561. Several years later, the Township <br /> • 7 <br /> Ann Pace i.0 of JJ <br />