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10-03-1988 Planning Packet
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10-03-1988 Planning Packet
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ize, and the average <br />eet; and <br />ic sanitary sewer or <br />rements of the City or <br />lirements of this or <br />could have granted a <br />rnership, but the Code <br />for the separation of <br />sewered# undeveloped <br />> was clearly defined <br />:h the separation of a <br />: 1.7 acre, 120.3 foot <br />idth, unsewered zone <br />on to deny on October <br />ed hardship; b) no <br />ea; d) insufficient <br />2 addition of Section <br />"transfer or sale of <br />ublic sanitary sewer, <br />{ a public or private <br />)n ownership" unless <br />unless the resulting <br />the Zoning Code. No <br />nsfers appear in the <br />rties in a situation <br />request of similar <br />Orono. <br />:-lB zoning district <br />or new residences on <br />istrict. Of 153 new <br />com 1/1/75 to 5/1/86, <br />7 permits have been <br />eparate ownership due <br />[uire additional land <br />sued to demolish and <br />ip lot where a house <br />consistently denied <br />h adjacent developed <br />5. <br />26. The City Council has always required that when two or mot® <br />unsewered lots are owned in common, each lot must individually meet or <br />exceed the requirements of the Zoning Code before any of the lots can <br />be built upon and that two or more substandard lots owned in common <br />must be combined so that the resulting combined lot meets the <br />requirements of the Zoning Code before the lots can be built upon. <br />27. Thfc granting of such a variance would require amending the many <br />sections of the Comprehensive Plan that govern the rural development <br />of the City. The City of Orono has been consistent in requiring a <br />minimum of two acres for a buildable lot in the rural areas of the <br />City where there is no sewer service. <br />28. In review of the factual findings noted above, the City finds <br />that to establish a precedent that would allow severely substandard <br />lots to be developed to be in complete conflict with the established <br />environmental standards for rural development within the <br />be detrimental to the public, health, safety and welfare. The City <br />also looks to the broader, environmental principals and goals setfortn <br />in its Community Management Plan and the intent of the specific zoning <br />district when dealing with matters related to the public, healtn, <br />safety and welfare. Issues involving the public health, safety and <br />welfare are not only resolved in securing the obvious traffic and <br />drainage concerns of surrounding property owners but the City also <br />must provide its citizens with a designated and approved optimum level <br />of density, open space and quality of life. <br />29. The granting of such a variance would require the rezoning of the <br />property to an urban lot size in addition to requiring the extension <br />of City services to the property to maintain a suitable level of fire <br />protection. <br />30. The granting of such a variance would require the extension of <br />City water and sewer to maintain the standards setforth in the Orono <br />Zoning Code and Comprehensive Plan for an urban sized lot. <br />31. In granting such a variance. Council * <br />longstanding, consistent policy in consideration of the buildability <br />of substandard lots under common ownership and thereby establlsn an <br />adverse precedent. <br />32 Denial of the subject variances would not constitute a takir^ of <br />property or loss of substantial value because Parcels 2 and 3 nave <br />always had value and have been used as required area for the residence <br />on Parcel 1. <br />33. The intent of the application is contrary to the letter and! <br />intent of the Orono Comprehensive Plan. <br />Page 8 of 9
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