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G <br />LARKIN, HOFFMAN, DALY & LINDGREN, LTD. <br />-irandum to Ms. Jeanne Mabusth and <br />he Honorabie Mayor and Members of <br />+e Orono City Council <br />3 <br />.ober 24, 1964 <br />those of the applicant, even though the granting of the variance may <br />work some hardship upon adjc:ning property owners. <br />- More than 65% of the lots in Orono LR-lB zoning district are <br />substandard. <br />- At least 23 of these lots have less than 20% of the required <br />lot area. -- <br />- In the category of lots in which Mr. Fisk's property falls there <br />are an additional 126 nonconforming lots. <br />A professional traffic engineer, James A. Benshoof, has made an analysis <br />of the traffic safety and capac Ay factor of building a home on the Fisk <br />property. He has cont-luded that "the street system . . . will safely <br />and effectively accommodate the trips to and from your proposed home, <br />with no adverse effects on existing traffic or nearby development." <br />Mr. Fisk has a constitutionally guaranteed right to equal treatment by <br />the City Council of Orono and to damages if that right is arbitrarily <br />denied. The Council may only deny this variance request if a finding <br />can be made that the detriment to the public health, safety and welfare <br />exceeds the benefits inherent in allowing Mr. Fisk to utilize his prop- <br />erty for its only possible use. <br />Respectfully submitted, <br />Garth C. Coller, for <br />T ARKiN, HOFFMAN, DALY INDGREN, Ltd. <br />m) <br />cc: City Attorney Brti;e Malkerson <br />Tom Radio <br />Ron,'.d H. Batty <br />