05-26-1987 Council Packet - Laserfiche WebLink

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In 1974, the City of Orono changed its building code to require a minimum land size of two acres with a 200 foot width. At a public meeting in .he schoolhouse a spokesman, Mr Van Ness, speaking for the City of Orono, emphasized that all existing lots would not be affected by the 1974 building code change. This is the enunciation of public policy in a public facility, and by a public official. The rights of my wife and I to build on our property between 1967 and 1975 - without variances, were turther asserted by Assistant Zoning Administrator Gaffron, as recently as April 15, 19L.5, during a Planning Commission meeting. The City of Orono has levied taxes and has accepted tax payments of these lots, as buildable lots since 1974 and as recently as 1982. (See att&ched Tax Valuation history Chart.) The continuing adverse rulings of the current Orono City Council to deny us our building permit is in contravention of earlier agree- ments between myself and the City of Orono. The intent and the application of the 1974 building code change was made clear by Mr. Van Ness at a public meeting in 19741. This is reflected by the city's tax valuation and assessment of our property for 1974 through 1982. In 1974, the City of Orono wisely refrained from the retroactive application of zoning law change to prevent any hardships on existing property owners and to presumably avoid the implementation of an cx post facto law. Succeeding Orono City Councils and City Administrations have sustained this ruling through 1982, by property valuation and acceptance of tax payments based upon the 1974 Orono City Council ruling. (See attached Tax Valua- tion History Chart.) In 1982, the Orono City Council changed its mird about the status of the property owned by us. Since this time, the city has devalu- ed the property and has effectively, declared it to be unbuildable. The retroactive application the 1974 zoning law change, has caused considerable hard3hip for us. The continued refusal of the City of Orono at City Council meetings to grant us a bu 'liing permit; continues to add to the stress, hardship and expen:,e of this situa- tion. Article 1, Section 9 of the United States Constitution specifically prohibits action such as these of the current Orono City Council by stating: "No bill of attainder, or ex post facto law shall be pass- ed." In a democratic form of government, this f_}rovision should be applicable to the Orono City Council, as well as to the United :hates Cor:3ru._ . The following tactz. :;j.eci1.icaIly show the :.rpe of run-around we are getting from theE crono City Council about our property: -2-