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�o�o C ITY OF QRONO RESOLUTION OF T'HE CITY COUNCIL �� 6490 G NO. t�KFSH�R� - Removal of nearly all vegetation in a swath approximately 65 feet x 80 feet to accommodate the proposed residence structure will alter the visual character of the neighborhood. 12. The Conditional Use Permit that would allow the filling and grading of the site necessary to correct site conditions to accommodate the proposed house and redirect the natural runoff pattern to create a buildable pad that won't be subject to periodic flooding, will result in significant impacts to existing protected trees in the 0-75' lakeshore setback zone where trees are protected per the provisions of Section 78-1285. 13. The Property has historically been valued for tax purposes at a value not commensurate with that of buildable lakeshore lots. A review of the assessed valuations for the Property for the period 1974 thru 2013, the years for which the City has tax data readily available, indicates that the value for the Property has consistently remained significantly lower than the yaluation of the land for similar sized developed lakeshore parcels in Orono. A review of tax records for similar sized developed lots in the Baldur Park, Shadywood Road and Crystal Bay Road neighborhoods indicates land valuations of$300-500,000 as compared to the$71,000 value placed on applicant's parcel for 2013 payable 2014. 14. The applicant has not established that he would be completely deprived of all economically beneficial uses of the Property, and has not demonstrated that the denial of variances will result in a complete diminution in value. The reasonable uses of the property are the same uses that have been enjoyed by the current and various prior owners for many decades. 15. With respect to Johnson's reasonable investment-backed expectations, the existing permitted uses of the lot were the same when Johnson acquired it and apparently for quite some time before that. An identical application for variances had been submitted by Johnson and denied by the City before he purchased the Property, so he was well aware of the limitations. Thus, Johnson's primary expectation would have been to use the lot for non-building, recreation type purposes. Additionally, the reduced tax valuation of the Property reflected the building restrictions imposed on it, suggesting that Johnson does not have an actual investment-backed expectation of building a residence on the Property. 16. The lot additionally retains a reasonable, economically viable use because the lot could be sold to neighboring properties for purposes of assemblage. Assemblage in the past has resulted in parcels in the neighborhood being of sufficient size to build on. Page 5 of 10 is>»a�2