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MINUTES OF THE REGULAR ORONO COUNCI 1, MEI-:TING H1;LU OCTOBER 29, 1984. PAGE 14 <br />1820 LONIE FISK Radio slated that there may be :-- saes where those vested <br />rights :_cr,? interru,)L-�d. <br />Councilmember Fra-i n stated that the ptopert-y has not <br />been inhabited since at least 1975. Frahm state:i that <br />thte buiiell iny no longer exists other than the <br />foundatFrahm stated that the code was adopted <br />originally to keep the density down. Fra:ar staLek] tnat <br />some of the lots were gran-ifathered into" -that code and <br />protected, however, when that property is vacant for <br />almost 10 years, it is his personal opinion th�.t the <br />grandfathered right has been Forgiven. Fr .stated <br />that as far as he is :oncerned ti,-it prol)�rt%-, is not <br />b-ii Diable. <br />City Pitt.or.ney Radio noted teat in Section 10.08 which <br />deals with variances, subdivision 1, states: <br />"variances should be granted where it does not <br />adversely affect the purpose and intent of the zoning <br />chapter nor the hoalt:n or welfare of the public.". <br />Radin ,tated that the real test the court is going to <br />apply is did the Counr--il a-t r--a-iooably in acting upon <br />this variance. <br />Mayor Rat le r :st,i teii that Meyer cou ►d buy the property <br />and combine it with his lot, or the City ,:ould buy the <br />property and used for pi:k purposes. Butler_ st,itNd <br />that this lot falls unr:uar the "nibbling syndrome", <br />whr-re if this lot is approvo!J, the City would ha.e to <br />approve the next one baser] on the precedent setting in <br />the past. Butler stated that the City may as well tnrow <br />out.- the zoning code if tha City doesn't have the <br />authority to deny a variance. <br />Councilmember Grabek stated that the City has to be <br />c�r.eful baCausc then it will look like the City will <br />resolve all zoning disputes by the ',ity buying it for <br />park property. <br />Councilmember r r ehm staters that when the lot went tjx <br />forfeit, the City had a chance to buy the property and <br />refused, therefore, the City has given up its right. <br />Frahn status that the fact that this lot is tax forf«!it <br />his affected his decision. Fraha stated that the key <br />is Fisk bought the lot after the zoning code had <br />changed. <br />Councilmember *,lammerel stated th:': 't)is lot onlymeets <br />25 percent of the area rerluiresi. ,..s. Ham'nerel stated <br />that the tax forfeit issue is import.int. Hammerel <br />stated that he would vote to deny the variance. <br />Councilmember Grabek stated that the staff and Courtei 1 <br />should look at each individual situation and be able to <br />come up with a reas:13nab1e approach as to whether it <br />should be granted denied. Grabek stated that it <br />nhuuldn't have anf,ning to do with our ordinance <br />hecaune there ire -piing to be thoq,► situations dherN the <br />City should gr int a vari AlCe. c.ral:>ek atat•4:i th_+C the <br />