Agenda Packet Cc - regular meeting 7/11/1988

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ATTACHMENT TO COUNCIL MINUTES 6/27/88 zoning App11aPonOSV EXHIBI': B Page 1 of 1 F June 27, 1988 Mr. Rd Henrich, 4115 Highwood Road - Variance request. I believe that the Orono Council should grant the variances requested by Mr. Henrich for the following reasons. 1. Mr. Henrich has a legally platted lot which he has owned in good faith for many years. 2. This lot had a home on it previously, which was destroyed. 3. The lot in question was assessed a separate sewer.agWippW charge by Orono, whicF has been paid. This indicates Orono felt this to be a buildable lot. To quote our staff in a written memo dated 5/18/87, " By Y o r c i ng paymnernt of an assessment , 1. L cazz tam argued that the City had recognised Lot 19 a8 a separate and sel!- suf ! is ient Lot , M2iic11 count; receive a variance as a non -conforming u.sse. 4. Orono changed its lot sizc requirements in the area some time after this lot was legally plat ed. This action would affect new F'.attings, but ehould not alter the usability of an existing lot. 5. More recently, our previous council recognized the legal rights of an owner of a similar legal but small lot for Inky Johnstone on Shadywood Road. In ■y opinion, the previous council set a precedent by permitting a home to be built on this lot. Therefore, in order to be consisteikt, this council should approve this request. To do otherwise would be discriminatory. 6. Beyond what I feel our moral obligation is to treat all of our citizens justly and fairly, it would Rppear that we have historical evidence that to deny this request will cost the taxpayers of Orono a great deal of money. It is probable that the City of Orono will be overruled in court, if we try to deny this landowner his right to build on this legal lot. (Lorge case, Smiley case, what other cases ?) by William Sime 1