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� <br /> � ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 21 <br /> � If the Council were to grant a variance in this LETTER - GARY PETERSEN <br /> case, it does not necessarily raean that any 3545 Ivy Place <br /> � substandard lot would be entitled to a variance. (Continued) <br /> ` Each lot must be taken on its own merits and <br /> considerations which would prompt a City Council <br /> � to grant a variance in one case may not be <br /> present in another. A precedent wou�ld not <br /> � be established if a variance were granted in the <br /> present case. <br /> • <br /> • In summary, the equities in the present case <br /> clearly warrant the granting of a variance and <br /> � the failure of the Council to do so would be <br /> arbitrary and capricious. <br /> • <br /> End of letter <br /> � <br /> Mayor Van Nest cor.►mented that the City staff <br /> � had not received this letter for their review. <br /> � Mayor Van Nest moved, Massengale seconded, to <br /> � abate the water and sewer assessments on sub- <br /> standard Lot 184 and part of Lot 185, 3545 Ivy <br /> � Place, in the amount of $225 because of a City <br /> error in assessing substandard lots. Psotion, <br /> • Ayes (5) - Nays (0) . <br /> • <br /> • Dick Benson, City Administrator, stated that the FRESHP7ATER BIOLOGICAL <br /> Freshwater Biological Institute requested an INSTITUTE - ABATEMENT <br /> � assessment search in October, 1976. On Noveriber 10, REQUEST <br /> 1976 , the City of Orono received $17, 154. 16 paying <br /> a the assessments in full with the exception of <br /> the principle and interest due on the tax statement <br /> � for 1976. The FWBI assumed that when they requested <br /> an assessment search that it would include the <br /> � amount of assessr.ients remaining on the tax statement. <br /> � Therefore, the second half of 1976 assessrlents <br /> reflected on the tax statement were not paid. <br /> � Penalties and interest have accrued and the FWBI <br /> wishes to have the Council abate the penalties <br /> � and interest. . <br /> w The attorney attempting to transfer the deed to <br /> • the U of bi from the FWBI should have discovered <br /> that the second half of 1976 special assessments <br /> � had not been paid and, therefore, were delinquent. <br /> The F[�TBI has paid the balance of assessments due <br /> � in the amount of $1,557.18 and should also be <br /> r�sponsible for the interest and penalties due <br /> � thereon. Therefore, I do recommend that the City <br /> of Orono does not abate the interest and penalties <br /> � at this time. ��n��� <br /> � <br /> � <br /> � <br /> � <br />