Laserfiche WebLink
;h and dock use. The <br />t side yard which is <br />mts exclude any driv- <br />% <br />Lished over the Rhode <br />gers, Beckers' inuned- <br />ace the easements de- <br />indings. They•are <br />h Che easements de- <br />pursuant to the Beckers* <br />yard affected by the <br />in covered by grass or <br />ir obstruction in the <br />le proposed dwelling on <br />lain the same as if no <br />I the side yard along <br />Che same as if no ease* <br />Lxteen foot wide drive­ <br />boundary of the Becker <br />nts allowed joint use <br />the Becker property. <br />easements over a portion <br />ode easement holders <br />nee across the Rhode <br />purchase agreement <br />. kuhich. the Bulldif*® <br />rono, chat at one time <br />variances for lot size <br />fold that absent a <br />18. Rhode first filed an application for the approval <br />of requested variances on November 22, 1976. <br />19. Rhode's neighbors to the south, the Lauers, informed <br />the Orono council that they preferred the approved location of the <br />Rhode house as being lakev/ard from line A-A hereinafter referenced. <br />20. The Beckers objected to the Rhode house location <br />which was authorized. <br />21. The Orono council considered the Rhode application <br />at council meetings on August 8, August 22, October 11, October 24, <br />November 14 and November 28, 1977. During these meetings Rhode <br />and the Beckers or their counsel, or both, were present, testified <br />for and against the application, and submitted legal and factual <br />memoranda and reply memoranda which addressed all of the issues <br />raised before the council. <br />22. After having reviewed several drafts and revised <br />(j]^aft8 of a resolution, including drafts submitted by Rhode and* <br />the Beckers, on November 28, 1977, by a vote of 4 ayes and 1 <br />the O^ono council adopted Resolution No. 851 which granted <br />zoning code variances subject to stated conditions. <br />23. The easements over the Becker and Rhode properties <br />were granted without Orono council approval and are of dubious <br />. validity. <br />24. The variances as to lot size and width granted <br />to Rhode were justified because of the undue hardship which <br />would result from Rhode being unable to build a residence on the <br />property for which he paid $45,000 in reliance on Mr. Muhich's <br />above mentioned statement and the variances are* in keeping with <br />the general spirit and intent of the Orono zoning ordinances. <br />There is no undeveloped land adjoining the Rhode property which <br />could be acquired by him to meet the lot size and width require­ <br />ments . <br />circumstances, a similar -4-