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;GULAR MEETING OF THE ORONO COUNCIL, JUI.Y 12, 1982 Page 5 no variance is required for Lot 2, the City Council would conside, up to a 10' variance for Lot 3, provided that a uemonstrated hardship is shown. No hardship has been shown to topography or to existing structures that would justify a variance to Lot 2; that Lot 3 has a possible hardship as to the location of the existing structure, depending on how the lot lines are drawn, that a 10' variance may be granted. Motion, Ayes (4) - Nay: (0). L i1/AR I ANC E * 1380 Arbor Street 1581 Doug de Malignon Zoning Administrator Mabusth reviewed with the City Council the request of Doug de Malignon foL 3 variance at 1380 Arbor Street. SUBDIVISION 3125 & 3135 Fox Street 1585 Merrill Gibbs Mr. de Malignon was present. Frahm moved,Hurr seconded, to draft a resolution to approve the variance request of Doug de Malignon for 1380 Arbor Street, per the Planning Commission recommendations, hardship being no available land, the resolution tube filed in the chain of title, and that no certificate of occupancy to be issued until signed -off by applicant. Motion, Ayes (4) - 'Jays (0). Zoning Administrator Mabusth reviewed with the City Council the preliminary subdivision request of Merrill Gibbs, 3125 6 3135 Fox Street. The subdivision meets the requirements of the zoning code; at issue is the lake ac Bess at the east lot line. Mr. & Mrs. Gibbs, their attorney Tom Merrill, and their daughter Pam 3acon were present. Discussion involved the lake ac^ess along the east property line. Mayor Van Nast explained the history of the access stating that many people for many years have used that access and that it had been before the City Council numerous times. The City Council stated that they would like'o have the issue ,ettled and that now, with thedivisionof the property, would :e a good time for a final determin ion.