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w 1 <br />• <br />> . <br />«<#•/ > <br />J J <br />‘'•j <br />V * <br />/ <br />.* :t <br />*. :o’ <br />■ ’ • . %•—"V. V <br />') <br />sewer, having been excluded from Sewer Project 80-1. Pursuant to Section 10.08 of the <br />Orono Municipal Code (the "Code"), Mr. Goetten seeks a variance from the provisions of <br />Section 10.28, subd. 5 of the Code which require a minimum lot area of 2 acres for <br />property zoned RR-IB in order that the Council may approve his application to subdivide <br />the Property into two lots corresponding to the Residence Parcel and the Unsewered <br />Parcel. Mr. Goetten asks the Council to consider and grant his variance request because <br />of the unique circumstances of the Property and because the granting of his request would <br />not violate the spirit and intent of the Land Use Regulations for the City of Orono. <br />Hardship/Description of unique property conditions <br />A. Standard of review. <br />The Council will hear requests for variances from the literal provisions of the <br />Zoning chapter in instances where their strict enforcement would cause undue hardship <br />because of the circumstances unique to the individual property under consideration. <br />Orono Mun. Code § 10.08, subd. 3. The Council will grant such variances only when it is <br />demonstrated that such actions will not adversely affect the purpose and intent (the <br />spirit) of the Zoning chapter and will not compromise the health or welfare of the public. <br />Id. The Council will not adversely affect the spirit and intent of the Zmiing chapter by <br />granting the i'equ’.^ted variance and allowing the subdivision of the Property into two lots <br />corresponding to the Residence Parcel and the Unsewered Rural Parcel. <br />B. The strict anfinrcftment of the 2 minimum lot area would cause Mr. Goetten <br />hprdahip because of the circumstances unique to the Property. <br />There are several facts unique to the Property which cause a strict enforcement of <br />t-hfl 2 acre Tnininuim lot area to be an undue hardship to Mr. Goetten. Most importantly , <br />the Council has already considered and implicitly approved the subdivision of the <br />* <br />J