06-28-1993 Council Minutes2 - Laserfiche WebLink

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.1 (, • 2 - - Date: To: From: Wedncsdav. June 23. 1993 oC Jlil— n I I Mayor Callahan and Orono City Council Members Gary Nasiedlak UUN' Z 2 1-3 Subject: Variance for property located at 3237 Casco Circle (Rernien Lot) Although much has been said already about the subject property, 1 believe a lew comments are in order: Can one person be denied the right to do something if all other individuals have that right? If Jack Rernien is denied this variance, he would be denied the right of any other citizen -- that of qualifying for the variance under Orono s hardship ordinances. This in itself is an undue hardship for Mr. Rernien. The June 14, 1993 DNR letter mentioned that the proposed use be reasonable. Is it unreasonable to ask for a variance to build a single family home similar to homes on other properties within the area? This is no more unreasonable than the vacant lot proposed by Mr. Bachman. In fact, the vacant lot is more unreasonable than a property put to use as a homestead. A single-family dwelling built on this lot would be nothing more than what other residents on similar-sized lots in the neighborhood already have. 1 he proposed use of this property is reasonable. A reasonable use is not vacant land. We cannot rely on the words contained in DNR's letter that states that hardship does not appear to have been demonstrated, since we do not know what information Mr. Bachman provided to the DNR. The plight of the landowner is due to circumstances unique to his property not created by the landov^Tier. Jack Rernien was aware of three previous variances on this lot. If he had been the new purchaser of this property three months ago, as I was, he would have contacted the city of Orono regarding this property, and just as they had stated in the past three variances, Orono staff would have led him to believe that this lot would receive a variance and be buildable. Never had Orono expressed the possibility that the lot may not be buildable. Since Orono’s Planning and Zoning staff has previously recommended and the City Council has approved of the buUdability of the Rernien lot within Orono's guidelines, then the radical turnabout of tlie Council's position, not the landowner, created the hardship. Consequently, Mr. Bachman ’s argument - that when a variance applicant purchases the property with actual or constructive notice of the zoning ordinances' restrictions then the applicant ’s hardship is self-created and does not constitute undue hardship - is incorrect.