Agenda Packet Cc - regular meeting 7/25/1988

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Zoning File 01025 July 7, 1988 Page 2 of 3 2. Applicant's attorney continues to contend that the sewer assessment is a legitimate and compelling basis for declaring the lot buildable. Notwithstanding the City Attorney's legal opinion on this matter, staff has reviewed the history of lot area variance applications since January 1st, 1982, finding that there have been 38 such applications in the LR-lB and LR-1C sewered zoning districts within the City. Of those 38, 31 were approved, 4 were denied, 2 were denied by Planning Commission and then withdrawn by the applicant, and 1 was denied and then reversed by an out -of -court settlement with the app 1 icant. Further, of the 31 approved: 30 had been assessed for a full sewer unit or had paid the sewer assessment upon approval of buildability, 1 had not been assessed a sewer unit. Of 4 that were denied outright: 2 had paid a full sewer unit, 1 had paid a 1/2 sewer unit, 1 had paid a full sewer unit which had been abated prior to the denial. Of 2 denied by Planning Commission, then withdrawn by applicant: 1 had laid a full unit, 1 - the overturned denial had not paid a sewer unit assessment nor been assessed for sewer. Based on the above, it appears that the City has not hesitated to deny buildability when sewer has Seen assessed bud other factors over -ride. Also, of all lot area variances applied `o: since January 1st, 1982, only 5 have requested buildability on lots smaller than that of Henrich. All 5 of these had paid a partial or full sewer assessment. 3 of the 5 were denied, 1 of those with a previous house on it. Two of the 5 with previous houses, were approved, 1 lakeshore, 1 not, both in LR-IC. 3. The applicant's attorney suggested that the re -zoning of this property to 1 a.-e may not have been realistic given the high degree of develotment on smaller lots at the time it was zoned for 1 acre. Given that the smallest zoning district in the Citi is for 1/2 acre, the questicn to be answered is "How many more lots in the Highwood neighborhood, or in the LR-1B for that matter, would become conforming if the area was rezoned to 1/2 acre?" Based on information from the 1984 common ownership survey, currently only 32% of the developed lots in LP-lB meet the 1 acre lot si ze minimum. If al l of LR-1B was rezoned to LR-1C, 1/2 acre, 66% of the LR-lB lots would be conforming. 4. Again, be reminded that applicant bought the property in 1953, and it was substandard at the time he bought it. The township of Orono required 15,000 s.f. minimum buildable lot as early as 1950. For applicant to rebuild on 'he prnperty after removing the structure that had previously existed, applicant would have needed a variance since the day he purchased the property.