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^1 <br />TO:Mayor Callahan aivJ Orono Council Members <br />Ron Moorse, City Administrator <br />FROM: <br />DATE: <br />SUBJECT: <br />Michael P. Gaffron. Asst. Planning & Zoning iVuininist^!^^ ^ <br />June 10. 1993 <br />0 <br />#1811 C. Jack Remien, 3237 Casco Circle - Variance Renewal - Continuation <br />of Review- <br />List of Exhibits <br />A <br />B <br />C <br />D <br />E - <br />F <br />G <br />H <br />Letter from Remien’s Attorney 6./4Z93 <br />Memo from Gary Nasiedlak (Buyer of Lot 18) 6/8/93 <br />Letter fror: Bielke’s Attorney 6/9/93 <br />Notice ot Council Action 5/27/93 <br />Staff Memo 5/27/93 Re: Sevver/Water As.-essment <br />Sectio* 10.08, Subd. 3 Re: Issuance of Variances <br />Exce.-pt from State Statutes Re: Variances <br />Memo and Exhibits of 5/19/93 <br />Please read the attached letter from the applicant’s attorney (Exhibit A) regarding <br />hardship To summarize, the letter provides a rationale to conclude that (1) the property cannot <br />be put to a reasonable use without a variance, i.e. the use ot the lot as additional yard, is not <br />a reasonable use, and (2) the fact that Mr. Remien did not do anything to create the simalion, <br />and (3) constructing a new residence on the lot will not alter the essential character of the <br />locality. <br />Gary Nasiedlak, who is buying Lot 18 from Remien, has submitted a memo (Exhibit B) <br />relating his position. <br />Peter Bachman, attorney for the Bieike’s. has submitted a letter responding to E.xhibit <br />A (Exhibit C). <br />Also please review- the sewer and water assessment memo (E.xhibit E) which Council <br />should have received in the mail previously. That memo concludes that Lot 18 was assessed <br />footage for sewer and water, br. no units. The basi.. for that assessment was a review of code <br />standards and City policy at the time ot assessment, but was not the result of a formal <br />variance/lot buildability review. Sewer and w-ater is available to the property and connection <br />to sewer and water is feasible. It the variance is approved, the property owner would have to <br />pay sewer and water connection charges and bear the cost of installing sewer and water stubs. <br />Also attached are sections of the Orono axle and state statutes regarding the question of <br />"undue hardship".