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To: Orono City Counc il Members Dec t=: .. mber 8, l 9·92. <br />From: Lee and Julie Har ren <br />DEC . 1 ·o 1992' <br />Il.e: Variance application for Thiesse at 3845 Bayside Rd. <br />We co-own the property adjacent and to the E ast of the <br />Thie sse property. The Thiesse 's are app l y i ng for a side l ot <br />variance and a hard cover vari anc e in orde· t o add a second <br />story to their residence. In 1990 , they were already granted <br />sever-al varia11ces to build a t,·rn stall garage on their 8,000 <br />s qu are foot lot. One o f the reasons they were granted the <br />variances i s that'' the re is no additional land ava i l abl e <br />to be p ur chase d, ... " ( see attached City Counci l Resol u tion <br />#28 12 ) Th e house is constructed withi n 10 feet o f the East <br />l ot line. T 1e s t eps and the si dew a l k are within ' of the <br />l ot lin e, We have asked J ohn Thie sse to: <br />1) buy the property, <br />2) lease the property, or <br />3 ) not use the property, <br />We are concerned about the leg a l li ab ilit y i n th e event a <br />member of the Thi esse f am il y is inju re d wh il e using our <br />property and John 's homeow ne rs li abi lity i nsurance carrier <br />initi a te s a c a im agnlnst u s , <br />DL1ring thi-=> s lfilmer, John had a r:-h:i ld ren' s swing se t and <br />boat trailers on our property. Du e to our grow ing concern, <br />we as k e d that he remove the items . <br />Now he has ap ili ed for anot h er bui l ding ariance ask i ng <br />f or a s ide l ot var i ance and the condit i ons have changed. <br />There is l and avai l ab l e for h im to acqu i re to the East thu s <br />e limin a ting the nee d for a s ide lot variance, <br />The previous var i ance was granted predicated partial l y <br />upon the prem i .se " .. , this area which t 1.e ::i,pplicant :u rently <br />ma i n t a i ns a ppear s visually a part o f th e app li cants yard <br />are,<,, ... " ( see City Council Reso luti on #2812 dat ed 5 /29/90 <br />s ig ned by former Mayor Grabe~ ). <br />This i s o ur land the Ji· y co uncil is referring to and it <br />is the l and we wish to se ll to th e Thiesses p r i or to their <br />obtaining a buil ding permit. We have offered to se ll the <br />l and at an appra ised val ue, -,ut h .. has cl osen. t o ign ore the <br />pr oposa l and proceed ,it h this vari~nce request. <br />Since the propert y i s ·isu-ll y a par t of his l ot and he <br />has chosen to t reat it as s u ch, we request the v arianc8 e <br />denied pen ing negot i atio1 towar d ac qui sition of our p ro per t .· <br />at air ma_ke t price. <br />cc. John Th 'esse <br />Aust in Ev.:tns <br />,Jeanne Habusch <br />SincerelT> <br />L ee an1 Julie Ha1 ren <br />175 Landrn art Dr. ,Orono>55356