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03-17-1977 Council Minutes
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03-17-1977 Council Minutes
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� <br /> RESC�HEDLUED ORONO COUNCIL MEETING HELD ASARCH 17 , 1977 Page 11 <br /> � <br /> � rights of the City and the problems of obtaining GARY PETERSEN <br /> clear title. Mr. Petersen cannot afford an 3545 Ivy Place <br /> � �ditional $10 , 000 plus for this land or the <br /> (Continued) <br /> 3ditional time before he can get clear title. <br /> � This property is not readily available now and <br /> • may never be available for purchase. <br /> � As stated earlier, the property had been platted <br /> over 80 years before the zoning restrictions <br /> � were adopted. The property is the largest lot <br /> in the subdivision and is the only lot which is <br /> • not developed. Prior to 1976 , Mr. Petersen' s <br /> predecessor in title could have built a house on <br /> � the property and there would have been no <br /> � restrictions in the sale of the dwelling and <br /> land to Mr. Petersen. Should r4r. Petersen <br /> � be penalized for the failure of his predecessor <br /> in title to build on the property? <br /> � <br /> The uniqueness of the property is also demonstrated <br /> i by the fact that the property has been assessed <br /> for sewer and water. Implicit in an assessment <br /> � of this nature is a finding that the lot is <br /> + buildable. If the lot is unbuildable, the assess- <br /> ment is invalid. <br /> • <br /> Of primary concern in the granting or denial of <br /> • -�y variance, aside from the hardship to the owner, <br /> � � the interest of the City. Factors to consider <br /> in analyzing the City' s interest are the welfare <br /> � of the community and the City' s planning ojectives. <br /> � The welfare of the community can only be enhanced <br /> by allowing Mr. Petersen his variance. To deny <br /> � the variance would be to sterilize the property. <br /> Since the property would be unbuildable, taxes and <br /> • special assessments would be unpaid. If the variance <br /> were granted, a dwelling would be placed on the <br /> � property and the taxes and special assessments would <br /> � be paid. The tax base for the City would be <br /> increased to the benefit of the community. Moreover, <br /> � the house Mr. Petersen plans to build on the property <br /> is a quality house which would increase the property <br /> � value of the surrounding lots. <br /> • Not only would the variance enhance the welfare of the <br /> community, but it would have no adverse effect. Since <br /> � sewer and water are in, there would be no pollution <br /> � or environmental concern. It obstructs no one' s view <br /> of the lake. In fact, the houses across the alley <br /> � all face the lake and most have their garages and <br /> fences along the alley. Mr. Petersen has spoken with <br /> � everal of the neighboring property owners and none <br /> �ve expressed any concern or ojections about his <br /> proposed house. (Continued) y, <br /> � <br /> � <br /> i <br />
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