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^ «u> • <br />for the approval <br />the Lauers» informed <br />>ved location of the <br />reinafter referenced, <br />le house location <br />e Rhode application <br />tober 11, October 2^, <br />se meetings Rhode <br />e present, testified <br />legal and factual <br />all of the issues <br />[rafts and revised <br />tted by Rhode and' <br />if 4 ayes and 1 <br />851 which granted <br />:ions. <br />md Rhode properties <br />id are of dubious <br />nd width granted <br />hardship which <br />a residence on the <br />e on Mr. Muhlch's <br />re in keeping with <br />nitig ordinances, <br />ode property which <br />I and width require- <br />25. The eranteJ variance, if needed, a, to set back was <br />Ju.ti£led by the following facte and waa in keeping with the spirit <br />and intent of the Orono zoning ordinances: <br />(a) The Beckers home would impair the lake view from <br />the Rhode house if the latter were built back of line A-A on the map <br />attached to Resolution 851. <br />(b) Rhode could not build as large and attractive house <br />on hi. property as those of the Beckers and Uuers. nor such a <br />house as is economically warranted by his sizeable lot investment, <br />if required to build back of that line A-A and this would depreciate <br />the values of the Becker and Laucr houses. <br />(c) Building back of that line A-A would necessitate <br />removal of some existing mature pine trees. <br />26. The council approved location of the Rhode house <br />will not impair the Beckers’ view of Che lake and will not de­ <br />preciate Che value of the Beckers’ property so they have no legal <br />or equitable standing to challenge the setback variance granted. <br />('■OMCLUSIONS of law <br />1. Plaintiffs’ request for a permanent injunction enjo <br />Ing defendant, from building or permitting the building of any <br />•structure on Che Rhode property is denied. <br />2. Plaintiffs’ request for a writ of mandamus ordering <br />Che defendants City of Orono. Orono City Council and Mayor <br />Bradley Van Nest to enforce the Orono Building Code and/or Zon­ <br />ing Code in such a manner as to deny the variances which are pro­ <br />posed and which have been granted in the form of Resolution No. <br />851 is denied. <br />3. Plaintiffs’ request for an Injunction specifically <br />enjoining defendants City of Orono, Orono City Council and <br />Mayor Bradley Van Nest from granting any building permits for <br />the construction of a building on the Rhode proper.ty is denied. <br />-5-