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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 20 (5. #10-3467 STEVEN SCHUSSLER AND SUNHI RYAN, 1935 CONCORDIA STREET, Continued) which is also an extreme hardship. The property was purchased with the understanding that the garage had been approved years earlier but was not constructed due to a lack of funds by the previous owner. They have made some other improvements to the house and would like a simple garage. Murphy stated another thing with the language that is troublesome is the phrase reasonable use, and that he would like the City Attorney to address that. Murphy asked whether this application should be tabled to allow the City Council to better understand what the implications would be if they granted the variance. Bremer stated unless the City has some kind of public policy that states every property owner in the City of Orono should be permitted a garage, the City’s current zoning codes do not allow this variance to be approved unless the City Council is so confident that they can say the property owners cannot utilize the property without a garage. Bremer noted people have been living in this house without a garage previously, which implies that there is reasonable use of the property. Bremer stated city law would need to be changed in order to allow them to grant the variance. The City does have the ability to enact their own zoning codes, but without a specific law stating that every property owner should have a garage, the City Council has to look at the hardship standard before granting a variance. Schussler asked what the hardship standard is. Bremer indicated the property cannot be put to a reasonable use without the variance. Schussler asked if reasonable use means not having a garage. Bremer stated it comes down to an interpretation of the law. The City Council has reviewed a number of variance applications since the Supreme Court ruling and that this application is probably one of the best examples of how frustrating the ruling is. Cities previously granted variances based on whether the request was reasonable. Bremer stated she is hopeful the state legislature will amend the language and allow the cities more flexibility. White noted the City Council is constrained on this matter and that every city is in the same situation. White stated it unfortunately takes a while for the legislative wheels to turn but that it would be dangerous for the City to pass a law that allows all residences to have a garage. White commented he is not sure there is a way to pass a city law that is in opposition to a state law. White asked if the applicants would like their application tabled. Schussler indicated that would be fine. Bremer moved, Murphy seconded, to table Application #10-3467, Steven Schussler and Sunhi Ryan, 1935 Concordia Street. VOTE: Ayes 4, Nays 0. Curtis noted the applicant will have to sign an extension of the time period. Schussler indicated he would be agreeable to that. Item #02 - CC Agenda - 10/25/2010 Approval of Council Minutes 10/11/2010 [Page 8 of 20]