Agenda Packet Cc - regular meeting 6/27/1988

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rebuild. V. FACTUAL SYNOPSIS AND CONCLUSION The attached memo dated 3-23-87 provides a detailed analysis of the City Code of Orono and provisions relating to zoning, along with specific reasons why the lot should be granted a variance by utilizing the word of the statute. However, the reality of the situation also dictates the granting of the variance for this lot. The reality of the situation essentially breaks down as follows: The topography of the lots situated on Highwood Road is such that Lots 19 and 20 essentially are on a penisula. As such, Lot 18"s shoreline and lakeview are angled slightly to `he left. The house itself on Lot 18 is angled to the left. As a.--h, the building of a house on Lot 19 would not impair the vision, air nor light of Lot 18. In addition, Lots 18 and 19 ere separated by bushes approximately 10 feet high which have existed for over 20 years. Finally, the owner of Lot 18 is not opposed to the building of a permanent residence on Lot 19 since such a building would have a very limited, if any, effect on the 'light, ai:, or lake view from his property. The City Code of Orono was adopted in 1974. Ed Henrich has been the owner of Lots 19, 20 and 21 for approximately 30 years. Lot 19 previously had a dwelling on it which was used as a full year residence, said dwelling being razed in 1975. At the time of its demolition, that dwelling consituted a legal non- conforming use under the City Code. The renters who utilized the dwelling as a full year residence can still be located to testify that they used the building on Lot 19 as a full year residence. " Lot 19 has been assessed for a separate sewer stub. Since � 'variances have been denied on the basis that a half sewer stub assessed to a lot indicate evidence of its sub -standard existence, then arguably, the corollory argument would be: that assessment of a full sewed- stub would indicate that the lot is buildable. Lot 19 was not created by Ed Henrich; it existed prior to the enactment c.1 the City Code. It has been taxes as an independent parcel, never being combined with Lots 20 and 21. In addition, the lan9 valuation of the property has increased steadily over the last 15 years. The: property involv,,:H depicts a demonstrable hardshi;. in that it is a small lot, with no other land available to build upon. Because of developing health problems, Ed will have to sell they property and move from tht location which has been his home for most of his adult life if he is not permitted to build on this lot. Whilu a building could be constructed to meet the lakeshore -5-