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a- <br />i <br />i.; <br />% <br />•iTf <br />4;.i- <br />r!'" <br />NINUTES OF THE REGULAR ORONO COUNCIL MEETING - SEPTEMBER 23, 1991 <br />MORATORIUM DISCUSSION > CONT. <br />Gaffron asked what 1f both lots meet the requirements but <br />they are vacant. <br />Jabbour noted that the Intent of the <br />protect property owners from future rules <br />development of that property. <br />moratorium was to <br />which may Inhibit <br />Barrett noted that the deflr-ltlon of a subdivision for the <br />moratorium should be taken from the municipal code, which would <br />Include lot I'^ne rearrangements where variances would be <br />needed, and would not Include those that do not require variance <br />approva1. <br />Gaffron asked about the variance fee. <br />Mabusth noted that there will be legal and publishing fees. <br />Council left lx up to staff to charge at their discretion. <br />Gaffron advised that Paul Boyke on Lydiard Lake Is proposing <br />to subdivide his property which Includes designated wetlands. <br />However the ordinary high water mark Is not available at this <br />time,but depending upon that and the future setback <br />requirements, the property may end up not being subdividable. <br />Boyke was present and explained that the property was <br />previously th^' subject of a metes and bounds subdivision In which <br />a portion of the property was inaccurately combined with another <br />parcel. He explained that the property was sold and Boyke has <br />had to negotiate with the new owner to change the property <br />boundaries to what they were approved as.Boyke wanted to know <br />if It should become an unbuildable lot because of the new <br />requirements, would It fall under condemnation proceedings. <br />Barrett noted that this may be considered as a taking or <br />temporary taking. He felt that this is definitely an application <br />which would need to apply for a variance to the moratorium If the <br />owner wished to proceed.He advised that the variance approval <br />would allow the subdivision and if the building permit for the <br />new residence were Issued before the new regulations were <br />ratified, the current requirements would be followed.If the <br />permit was not to be Issued until after the new regulations were <br />to be adopted, the lot may become unbuildable again under the new <br />regulations. <br />Butler felt that this was a classic example why there was <br />moratorium. <br />a <br />Boyke explained he Is trying to buy a new business and needs <br />to act right away. <br />Butler suggested that he wait until the new regulations are <br />adopted.