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�J <br />• <br />0 <br />City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 2576 <br />B) The credit of the principal residence for an accessory <br />use/structure serving an adjacent property will establish a <br />negative precedent for the City when dealing with similar <br />requests for accessory uses and structures on unbuildable, <br />substandard lots. <br />C) The applicants' proposed interpretation of the accessory <br />structure ordinances is in complete conflict with the original <br />intent of the code. <br />22. Approximately 2 to 3 years ago, staff met with Mr. Gustafson, the <br />former owner of the property, to discuss the potential use of RLS <br />#1216 and the lot referred to as Exception. Mr. Gustafson was advised <br />that if all lots were combined that there was a potential for a <br />buildable lot as it appeared that the lot referred to as Exception had <br />appropriate lot width but that a survey was necessary to make such a <br />determination, in addition to the filing of the appropriate variance <br />application. <br />23. It was unknown at that time by the reviewing staff, that the dock <br />of the neighbor to the north encroached upon the Gustaf son property <br />and that an earlier lot line rearrangement had reduced even greater <br />portions of the potential building pad. <br />24. Ewald Gustafson advised the City staff that prior to the sale of <br />Tracts F & G, RLS #1216 to applicants that his attorney required <br />applicants to sign off on a disclaimer that they understood that their <br />proposed use of the property may be in complete conflict with the <br />Orono Code. Applicants still failed to seek direction from the City <br />prior to the installation of the dock on Tract F. <br />25. The property can be put to a reasonable allowed use as the tracts <br />can be combined with the adjacent property. <br />26. The granting of the required variances would result in the <br />following violations of Section 10.03, Subdivision 3 (A) of the zoning <br />code with which the applicants must first comply before the requested <br />variances can be granted: <br />A) In review of the factual findings noted above, the City finds <br />that the essential character of the neighborhood will be altered <br />if the property was to be residentially developed. <br />Page 7 of 9 <br />