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MINUTP5 01•' '1'111: REGUTAR ORONO COUNCIL, MEETING HELD UECEMIjFR 10, 1984 PAGE 9 <br />Glenn Troberg, Johnstone's attorney, noted the Smith <br />variance application which seta precedent when Council <br />approved it on March 15, 1984, which is identical. to <br />this with the following findings: <br />1. No other land zvai Table. Troberg noted that in the <br />Johnstone's case there is no lard available. <br />2. Lots were developed on both sides of the property. <br />Troberg noted this is the same in the Johnstone's <br />case. <br />3. Property was served with sewer and water. Troberg <br />stated that the Johnstone's property is served with <br />sewer and water. <br />4. Proposed house and improvements can be constructed <br />without the need for additional variances. <br />Troberg stated that this is the case with the <br />Johnstone's application. <br />5. Applicant purchased the property not knowing the <br />existing ordinances. Troberg noted that :n the <br />Johnstone's case, the applicant had the property a <br />long time before the existing ordinances were <br />adopted. <br />6. Granting a variance would have no negative affect <br />to the public health, safety and welfare. Troberg <br />stated that here the Johnstone's application would <br />have no negative affect. on the public health, <br />safety, and welfare. <br />7. Granting a variance would be consistent with the <br />area. Troberg st--.ited that the Johnstone <br />application fits right in with the existing <br />neighborhood. <br />Councilmember Grabek :oved, Mayor Butler seconded, to <br />approve avariance for Barth/Johnstone and direct staff <br />to draft a resolution of approval incorporating the <br />following findings: <br />1. The proposal canmeet. all hardcover requirements of <br />the LR-lC zoning district. <br />2. All setback requirements for the new lot can be met. <br />3. From the tax record it appears that the lot has been <br />valued and assessed as a separate lot, not <br />incrementally as part of the adjacent property. <br />4. The applicant has owned the property since before <br />the current zoning went into effect. <br />