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Bohns Point Road
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1410 Bohns Point Road
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80-#546, VAR
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Project Packet
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25. The granted variance, if needed, as to set back was <br />justified by the follcwing facts and was in keeping with the spirit <br />and intent of the Orono zoning, ordinances - <br />(a) The Beckers home would impair the lake view from <br />the Rhode house if the latter were built back of line A -A on the map <br />attached to Resolution 851. <br />(b) Rhode could not build as large and attractive house <br />on his property as those of the Beckers and La.uers, nor suc' . <br />house as is economically warranted by his sizeable lot investment, <br />if required to build hack of that line A -A and this would depreciate <br />the values of the Becker and L;tuer houses. <br />(c) Building back of that: line A -A would necessitate <br />removal of some existing mature pine trees. <br />26. The c^uncil approved location of the Rhode house <br />will not impair the Beckers' view of the lake and will not de- <br />preciate the value of the Beck,srs' property so they have no legal <br />or equitable standing to challenge the setback variance granted. <br />CONCLUSIONS OF LAW <br />1. Plaintiffs' request for a permanent injunction enjoin- <br />ing defendants from building or perwitLiug. the building of any <br />structure on Lite Rhode property is denied. <br />2. Plaintiffs' request for a writ of mandamus ordering <br />the defendants City of Orono, Orono City Council and Mayor <br />Bradley Van Nest to enforrE ►.he Orono Building Code and/or Zon- <br />ing Code in such a manner as to deny the variances which are pro- <br />posed and which have been granted :n the form of ResoluLinn No. <br />851 is denied. <br />3. Plaintiffs' request for an injunction specifically <br />enjoininb defendants City of Orono, Orono Cit.y Council and <br />ilayor Bradley Van NCsL from grantinf; any building perr;its for <br />t.he construction of a buiLuling on the Rhoda property is denied. <br />-5- <br />
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