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TO:Mayor Callahan and Orono Council Members <br />Ron Moorse. Citv Administrator <br />FROM: <br />DATE: <br />Michael P. GatTron. Asst. Plaiininq & Zonins Administrator <br />June 10, 1993 <br />SUBJECT: ^1811 C. Jack Remien, 3237 Casco Circle - Variance Renewal - Continuation <br />ot' Review y :> • <br />c/ t p <br />List of Exhibits <br />-I <br />A - Letter from Remien’s Attorney 6/4/93 <br />B - Memo from Gary* Nasiedlak (Buyer of Lot 18) 6/8/93 <br />C - I-etter from Bielke’s Attorney 6'9/93 <br />D - Notice of Council Action 5/27/93 <br />E - Staff Memo 5/27/93 Re: Sewer/Water Assessment <br />F - Section 10.08. Subd. 3 Re: Issuance of Variances <br />G - Excerpt from State Statutes Re: Variances <br />II - 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 of 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 situation, <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 Bielke’s, has submitted a letter responding to Exhibit <br />A (Exhibit C). <br />Also please review the sewer and water assessment memo (Exhibit 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, but no units. The basis for that assessment was a review' of code <br />standards and City policy at the time of assessment, but was not the result of a formal <br />Vufiance/lot buildability review'. Sewer and w-ater is available to the property and connection <br />to sewer and water is feasible. If the variance is approved, the property owner would have to <br />pay sewer and water connection charges and bear the cost ot installing sewer and water stubs. <br />Also attached are .sections of the Orono code and state statutes regarding the question ot <br />"undue hardship".