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m <br />REGULAR MECTIMG OP THE ORONO COUNCIL, NOVEMBER 14, 1983.PAGE 4 <br />#761 DOUGLAS SMITH <br />3237 CASCO CIRCLE <br />VARIANCE Douglas Smith and Mr. and Mrs. Tuthill were present. <br />Councilmember Frahm noted that there is a common <br />ownership problem and that he would not be able to act <br />on the application until the City has finished their <br />common ownership study and has set some standards. <br />Douglas Smith stated that delaying would prevent <br />construction. Smith noted that the City has had ample <br />time to solve the common ownership issue. <br />Mr. Tuthill noted that when he sold the lot to Mr. Smith <br />that he was under the impression that it was buildable. <br />Tuthill noted that there is nothing specific in the <br />zoning code which addresses the common ownership issue <br />or problem. <br />Mayor Butler read the sections from the zoning code <br />which the City bases its position on lots of common <br />ownership. <br />Mr. Tuthill stated that no where in that section does <br />it mention anything about common ownership. <br />Mayor Butler noted the zoning for the neighborhood <br />which is half—acre and stated that the lot meets only <br />3/4 of the zoning requirements. <br />Planning Commission Representative Goetten stated <br />that in her opinion she felt that the Planning <br />Commission was trying to help Mr . Smith by approving at <br />this time because they had hoped that resolution of the <br />common ownership issue would be forthcoming. <br />Councilmember Frahm noted that other people are <br />waiting for the Council’s decision regarding common <br />ownership and not just the Smiths. <br />Mr. Smith stated that when he purchased the lot that he <br />figured it was buildable and that he is paying taxes on <br />a buildable lot. <br />City Attorney Malkerson asked if this lot has been <br />charged for a sewer unit and asked if there was a stub? <br />Zoning Administrator Mabusth stated no that the lot <br />has not been charged for a sewer unit and that she <br />wasn't sure if there was a stub available or not? <br />Councilmember Frahm asked about a <br />rearrangement? <br />lot line <br />i