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s- <br />June 27, 1988 Mr. Ed Henrich, 4115 Highwood Road - Variance request. <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 yeas. <br />7. This lot had a home on it previously, which was destroyed. <br />3. The lot in question was assessed a separate sewer-sai4pair 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 writter, memo dated 5/iB/87, " S y f o r c i n g <br />paymnsnt of an assessment , 1 t can be <br />argued that the C i ty haci recogn i wed <br />Lot 19 as a separate azici ae 1 r- <br />suf r is ient Lot , s+hich must rece 3.ve m <br />v a r 1 an c e a s a non — c o n i o r mD i n g u s e- <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 Snadywood Road. In my <br />opinion, the previous council set a precedent by permitting a hose 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 />tr> to deny this landowner his right to build on this legal lot. <br />(:.urge case, Smiley case, what other r"^s ') <br />by William Sine <br />