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08-12-1996 Council Packet
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08-12-1996 Council Packet
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LINDQUIST & VENNUM pllp <br />Orono City Council <br />August 8, 1996 <br />Page 7 <br />is a 15-year history with this piece of properly. However, I would ask you to do your best <br />to set aside the vexatious history because you are required to act in your quasi-judicial <br />capacity when interpreting your zoning code with reference to a variance application. <br />That is the fair thing to do. <br />The substance of the variance application is to reduce a nonconformity which is all <br />to the good. Consequently, the only reason to allow the nonconformity to remain at a <br />larger size is if the proposed hardcover reduction causes a secondary problem. The only <br />secondary problem that could possibly be created by the proposed hardcover reduction <br />would be if the driveway and turnaround area were being reduced in utility. I believe I <br />have amply demonstrated that the utility of the parking and turnaround area remains as <br />viable as before. In addition, your specific minimum number of parking spaces for a <br />single-family house is only two. Surely, this lot which supplies itself with 15 parking <br />spaces has a large enough driveway to be safe. <br /># <br />One of the ironies of the situation is that if the distance from the road to the house <br />were not so great, and/or if parking were allowed on Shadywood Road, the driveway in <br />question could be far, far smaller and could probably be made to conform to the 25% <br />hardcover limitation in the 75'-250' zone. <br />I come up with two possibilities to allow the Albrechts to have a variance to reduce <br />hardcover by 205 square feet: <br />EBOI 888375 1
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