Project Packet - Laserfiche WebLink

Home Browse Search

MACKALL. CROUNSE 6 MOORE Orono City Council Page 2 March 10, 1980 Mr. Rhode has done all he can at this juncture to demonstrate that the easements are invalid. The current Supreme Court calendar is such that a final decision cannot be expected for at least another year. Mr. Rhode has already experienced three years of double digit inflation in building costs and is asking you not to make him wait any longer. Mr. Rhode wishes to begin construction while the easement appeal is pending and his ability to do so is not contingent on the Supreme Court decision. Furthermore, he has an even greater interest in seeking removal of the easements than Orono has in controlling them and will continue to fight vigorously in pursuit of that goal. In addition to removing the Resolution 851 caveat regarding the easements, Mr. Rhode has one further request. In passing Resolution 851, the council fashioned a building envelope which had as a lake shore set back, a line de:•.)tsinated as D to D to C on the exhibit to the resolution, and on the diagram below as well. Mr. Rhode originally wanted to build considerably closer to the lake, as is indicated by the black dotted line below. Mr. Rhode is now willing to compromise his goals and seeks nothing further than that currently enjoyed by his neighbor to the north (formerly Jason Becker). He would agree to a set back line controlled by D to D, extended across the lot, subject to small forward juts similar to those of the Becker house 1The council may allow Mr. Rhode Lo build at this juncture. Judge Nic7oisen stated in his memorandum that the addition of. the Rhide house to a lot already containing easements (if they are valid), would not violate the Jror,o zoning code. His exact words were: "Either these easements are in.•alid or not permitted by the zoning code which was what the council concluded or their existence plus the addition of the Rhode house does violate the code. If either proposition is soury cn the Beckers' contention is not sustainable. In a►, vent, the council could have ranted a_zoning variancf� to permit the co -existence of the easements and the Rhode residenc- since otherwise the Rhode pra- ee rty would be without value and the Recker -created easements would establish an undue hardship justifying the variance. (emphasis added)" Page 10.