06-28-1993 Council Minutes2 - Laserfiche WebLink

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Jack Remicn used the correct procedure in applying tor this variance. Mr. Remien had other options. He could have: - Sold the property to me under contract for deed and let me apply for the variance. - Given title to the lot to his ex-w;fe: the lot in separate ownership would then have been entitled to the variance under the hardship ordinance. But. Mr. Remien and I chose to rely on Orono’s Planning and Zoning staff s guidance in obtaining a variance for what we were led to believe was a buildable lot. The variance, it granted, will not alter the essential characteristic of the locality. Mr. Bachman’s analysis referred to the May 24 City Council meeting where neighbors presented testimony on how a new home would etfect the neighborhood s character. What Mr. Bachman neglected to point out was that most of the objecting neighbors live in nice homes that are built on lots similar in size to the Remien lot. The essential characteristics of a neighborhood will not be altered by a new home built on a lot essentially the same si/e as many other lots in the neighborhood. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property Mr. Bachman ’s analysis relied on his belief that there are no special conditions which specifically apply to lot 18 and distinguish it from other property. I disagree. This property is quite distinguishable from the other similar-sized properries in the neighborhood since the other properties contain homes, while the Remien iot is void of any structure with the exception of an aesthetically unappealing garage. We are asking only for what others in the neighborhood have already done, and what all others could do, except for Mr. Remien. The granting of the application is necessary for the preservation and enjoynent of a substantial property right of the applicant. This hardship is not created by the landowner. Mr. Remien and I relied completely on Orono’s staff when they told us what Orono’s building restrictions were regarding the subject property. We believed the lot was buildable. and we acted upon the city’s recommendations i-egarding the ordinances and restrictions [>ertaining to the lot. A substantial property right of the applicant will be denied if this variance is not approved, becau.se any c'lizen who owns this lot. wiih the exception of Jack Remien, could apply for and be granted this variance. Therefore, in conclusion, 1 believe a hardship exists when an individual is denied what all other individuals would be granted. I hope you will thoughtfully consider the above statements, and grint the variance. y CMca3.wpd j