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V <br />June 27, 1988 Mr. Ed Henrich, 4115 Highwood Road - Variance request. 7;� /'Q 2 5 <br />I believe that the Orono Council should grant the variances requested by Mr. <br />Henrich for the following reasons. <br />1. Mr. Henrich has a legally platted lot which he has owned in good faith for <br />many years. <br />2. This lot had a hose on it previously, which was destroyed. <br />3. The lot in question was assessed a separate sewer-m charge by Orono, <br />which has been paid. This indicates Orono felt this to be a buildable lot. <br />To quote our staff in a written memo dated 5/18/87, " By f o r c i in g <br />p ay ne n t o f an assessment , i t c an be <br />argued that the c i ty lied recogn i s,ed <br />Lo t 119 a s a s e p a r a t e and s elf — <br />suf Picient Lot, which oust receive a <br />variance as a non—conPormning use_ <br />4. Orono changed its lot size requirements in the area some time after this lot <br />was legally platted. This action would affect new plattings, but should not <br />alter the usability of an existing lot. <br />5. More recently, our previous council recognized the legal rights of an owner <br />of a similar legal but small lot for Inky Johnstone on Shadywood Road. In ■y <br />opinion, the previous council set a precedent by permitting a home to be <br />built on this lot. Therefore, in order to be consistent, this council should <br />approve this request. To do otherwise would be discriminatory. <br />6. Beyond what I feel our moral obligation is to treat all of our citizens <br />justly and fairly, it would appear that we have historical evidence that to <br />deny this request will cost the taxpayers of Orono a great deal of money. <br />It is probable that the City of Orono will be overruled in court, if we <br />try to deny this landowner his right to build on this legal lot. <br />(Lorge case, Smiley case, what other cases ?) <br />by William Sine <br />