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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 14, 1986 <br />#990 WARD FERRELL continued <br />Mayor Butler stated that the Council has to consider the <br />legalities involved with future requests if they were to <br />approve his application. <br />Councilmember Adams noted that even by allowing one home <br />to be built would require a variance of the 2 acre <br />minimum lot requirement., <br />Assistant Zoning Administrator Gaffron noted that the <br />zoning code has changed during the time that Ferrell has <br />owned the property, however the code did not <br />specifically address "commonly owned" lots until 1984. <br />City Attorney Blatz stated that it was the Council's <br />duty to enforce the code as it stands today and that <br />comments made by previous councilmembers are not legally <br />binding. <br />Councilmember Grabek noted that (per memo) within a 1/2 <br />mile radius of the applicants property, there were 37 <br />houses with less than 2 acres and 39 with 2 acres or <br />more. He stated that part of the common ownership <br />rationale was "how do these lots fit in the surrounding <br />area "? He questioned if Ferrell's lots would support <br />septic systems. <br />Assistant Zoning Administrator Gaffron stated that the <br />lots would support septic systems under limited <br />development i.e. no tennis court, pool, etc. <br />Councilmember Grabek asked City Attorney Blatz the legal <br />ramifications involved if this were approved. <br />Attorney Blatz stated that there is a potential problem <br />which the Council should reveiw. As far as granting a <br />variance, Council must find an undue hardship to Mr. <br />Ferrell. She noted that in 1981 a similar request was <br />denied because applicant did not demonstrate a hardship, <br />no sanitary sewer was available, and insufficient area <br />and width. She stated that it is her opinion that if <br />Council cannot differentiate Mr. Ferrell's property from <br />others, that by granting the request in effect they <br />would be changing the ordinance. <br />Councilmember Grabek questioned whether there would be <br />legal justification to approve this application without <br />changing the ordinance based on 1) a house can be built <br />on each lot safely with septic system 2) it is <br />consistent with the neighborhood size lots 3) applicant <br />has been a citizen of Orono since 1936. <br />61 <br />