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11-16-1992 Planning Packet
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11-16-1992 Planning Packet
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. \ <br />rr .»t <br />facto Council approval and the present location of the MUSA boundary line are conditions <br />unique to the Property. Granting the variance request would be consistent with these <br />unique circumstances. <br />As discussed in part C infra, the granting of the proposed variance will not in any <br />way impair health, safety, comfort, morals, or in any other respect be contrary to the <br />intent of the Code. A strict enforcement of the minimum lot area of 2 acres under the <br />circumstances unique to the Property would cause Mr. Goetten "Undue hardship." See <br />Code Section 10.08, subd. 3(AX2,3,8,11) (Goetten ’s circumstances meet definition in <br />Code). The feet that the Residence Parcel of the Property is sewered and the Unsewered <br />Parcel is not, the implicit approval of the proposed subdivision and Mr. Goetten ’s reliance <br />thereon, and the dividing effect of the current MUSA line are all circumsv^ces unique to <br />the Property. In light of those unique circumstances, the strict enforcement of the 2 acre <br />■minimum would be au uudue hardship on the Mr. Goetten. <br />c. nrmwBed lot area variAnce will not in anv wav adversely affect the <br />spirit, purpose and intent t>iA Tnninir Chanter nor the hea lth and welfare of the <br />public. <br />The guiding principles of the land use regulations of Orono are the avoidance of <br />excessive, intensive land development and the threat to public health which occurs with <br />excessive crowding of private sewage disposal systems on substandard building sites. (See <br />Code § 10.01) The City recognizes that the creation of larger lot sizes in unsewered areas <br />is mandatory and that on-site disposal systems must not be allowed on any site of less <br />fhftfi two acres. Juxtaposed on the concerns over private sewage disposal systems is the <br />"Urbanization Spiral" that results firom the rapid extension of municipal sewer services <br />into rural areas. The resulting "Development Paradox" is of paramount concern to the <br />public is a primsuy factor in the formulation of land use policy in Orono. <br />- ---itii__
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