10-29-1984 Council Packet - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELL► OCTOBER 29, 1984. PAGE 3 #820 LONIE FISK Administrator Mabusth stated that acCording to the neighbors' study of the vacant lots in the LR-13 zoning district, 39 percent or 34 of the total 88 tall within 20-40 percent of the required area. Mabusth noted their survey came up with a total of 88 vacant lots in the LR-1B zoning district. Mabusth stated that the Fisk lot falls into the ones that fell between 10-40 percent. Administrator Mabusth noted that at the September 10, 1984 meeting, the Mayor asked for staff to come up with the negative findings of the application after hearing only the approval responses from the applicant's side. These findings include the following: 1. The proposal is not consistent with current pattern of neighborhood development. 2. Question of applicant's knowledge of zoning code and association with Orono staff as he wr rked on two applications with the Zoning Administrator and with the Building Department on previous construction. 3. Establish negative precedent--34 of the 88 vacant lots in the LR-lB zoning district could ask for the same variances. 4. Adverse to the intent of the Comprehensive Plan and Zoning Code. If wile range problem, the City should amend the code nd not grant variances. 5. One-half sewer unit charged against property (1/4 unit on each lot) assessment suggests property once part of larger land holding. 6. Lineal footage not assessed against property. Garth Coller, Lonie Fisk's attorney, stated that the most essential part of the zoning code is the health, safety and welfare. Coller stated that as City Attorney Malkerson mentioned at the last meeting, that the courts will use a balancing test. Coller stated that the City has to find some negative findings as to the impact on the public health, safety and welfare. Coller stated that the fact that the sewer has been assessed for this lot, that shows indication that this is a buildable lot. Coller stated that no one has made any acusations as to whether or not this is a non - buildable lot, in fact there is evidence on the record that both the City staff and historical precedent that there was a house on the lot, indicates that this is a buildable lot. Coller stated that staff has a photograph of a house that existed on the lot.