07-25-2005 Council Packet - Laserfiche WebLink

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May 3, 2005 To; The Honorable Mayor Barbara Peterson & the Orono Qty Council Members From: Brad & Donna Olson 3645 North Shore Drive Mark Welch 3625 North Shore Drive As next-door neighbors to 3635 North Shore Drive, we wish to express our strong opposition to the owner's "after the fact" building variance and permit applications. In all due respect to the City of Orono Planning Commission, it is our strong opinion that proper consideration was not given to the following points: A. Multiple "hard cover overage" issues. According to the City of Orono records, there were no variances or permits granted (or even applications filed) for a double-deep garage, ground decking, cement patio or stairs leading to the roof top deck (see pictures attached). Property owner knowledge of violations. In a letter dated October 28, 2004 from Melanie Curtis, to Ms. Sallas, it said: "The previous owner was notified, by the attached letter from Gty staff and during numerous subsequent conversations over a long period of time that the subject deck was constructed in violation of City codes and without a building permit." If the previous owner did not notify the Ms. Sallas of these violations, this is a disclosure dispute, not the problem of the next-door neighbors. Definition of "Hardship" under the Oly of Orono Code. Members of the Planning Commission seemed to have various interpretations of this term. As we look at the definition, this property owner/situation does not fall within the parameters of this clause outlined below: B. C. 462.357 Official Controls: Zoning Ordinance. Subd.6 Appeals and Adjustments. 2) To hear requests for variances from the literal provisions of the ordinance in instances w.’iere their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance...the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner... The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. In dosing, we would like to reiterate our strong opposition to the granting of this variance. This property has been built with wanton disregard for both the Qty of Orono Code and the consideration of neighboring property owners. We have no personal issues with the Owner or the current Renter but given the multiple violations that exist, the property owner's knowiedge of these violations, and the proper definition of "Hardship," we respectfully reqi^st that this variance be denied and that the Coundl rules for the removal of the roof*^ deck at issue. Sincerely, Brad and Donna Olson Mark Welch