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9 <br />E <br />Resolution No. 851 _ <br />RESOLUTION GRANTING JACK RHODE A <br />VARIANCE TO ALLOW CONSTRUCTION ON THE <br />LOT KNOWN AS 1410 BOHN'S POINT ROAD <br />WHEREAS, Jack Rhode has applied for variances to allow <br />for the construction of a single family residential home on <br />his lot commonly known as 1410 Bohn's Point Road, and . <br />WHEREAS, Jason C. Becker and Mr. Lauer, neighbors who <br />have property adjacent to that lot, have appeared and expressed <br />concerns related to the possible construction sites on that <br />lot, and <br />WHEREAS, the applicant, the neighbors, city staff and <br />city council have raised at different times numerous facts and <br />legal questions concerning the application for variances, and <br />WHEREAS, the planning commission, city council and staff <br />have studied this application at length, and have studied the <br />testimony and memoranda previously submitted by Mr. Rhode and <br />his attorney, James T. Swenson, Esq., and Lawrence Q. Brynestad, <br />Esq., and the material submitted by Mr. Jason Becker and his <br />attorney, Jerry Rice, Esq., and <br />WHEREAS, the city council has reviewed this testimony <br />at city council meetings on August 8, 1977, August 22, 1977, <br />and October 11, 1977, and <br />WHEREAS,'the city council is charged with the responsi- <br />bility of enforcing the Orono zoning code in order to promote <br />the intents and purposes thereof including the preservation <br />of the health, safety, and welfare of the citizens of Orono, <br />NOW, THEREFORE, BE IT RESOLVED, that based upon all the <br />testimony and memoranda submitted by the applicants, his agents, <br />the neighbors adjacent thereto and their agents and city staff, <br />the city council grants the variances as noted hereinafter for <br />the following reasons: <br />a <br />I. FINDINGS OF FACT - <br />1. That Jack Rhode's lot, <br />Bohn's Point Road, is a lot of <br />January 1, 1975, under single <br />LR -1B use district. <br />r <br />commonly known as 1410 <br />record existing upon <br />separate ownership in an <br />