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Mayor Wm. Brad Van Nest July 8, 1980 Page 2 to be illegal subdivisions of 1410 Bohns Point Road are now, on the basis of a court decision, considered "legal." Also, how do we know that the Planning Commission would have approved a variance had it known all of these facts: that the lot was only 67 percent of approved zoning size (one acre), that the width was substandard relative to the Zoning (ode, that the position of the proposed Rhode house violates Section 34.20: of the Code relating to setback distance from the lake, that building the Rhode house 26 feet from the Becker house would substantially reduce the value of the Becker house, that there were two valid easements across the property including dock rights and rights to SS feet of beach, that a survey dated 9-3-74 proves Fred Rogers controlled both 3145 North Shore Drive and 1410 Bohns Point Road, and that the easements represent a legal subdivision of 1410 Bohns Point Road. Certainly, I have a right to know why the City of Orono is break- ing precedent and permitting multiple use of the lot which by the City's own definition is an "out lot" or "illegal subdivision." d. According to the Orono Zoning Code, if a variance is not acted upon within a 12-month period after Council approval, it must be resubmitted to the Planning Commission (Sec. 32.371)., e. Sections 32.350 and 32.370, reasonably con- strued, say that if part of a variance is denied or violated, a new variance must be submitted. f. Section II, Paragraph 4 of Resolution 851 states that if Mr. Rhode fails to meet all of the provisions in the resolution, the variance will be considered denied. Mr. Rhode did not meet the provisions of the resolution, therefore, the variance is auto- matically denied.