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� <br /> • ' Page 25 <br /> i <br /> houses. Moreover, in the past, the City Staff has never' <br /> � applied that portion of the zoning ordinance to any develop- <br /> � ment which development takes place on property which is of <br /> such a topographical nature that if one applied the sight <br /> � line restriction literally, that it would result in an absurd <br /> location for the house. In this case, if the city were to <br /> • require that Mrs. Parton construct the house in such a way <br /> ' so that it is no closer than the average distance from the <br /> � shoreline of the existing residents' buildings on adjacent <br /> � and nearby lots, it would result in a location of the house <br /> many f eet f urther back than 7 5 f eet back f rom the shoreline <br /> � which is a requirement of the zoning code and would require <br /> a location which would necessitate the removal of several <br /> � healthy trees on the property and would necessitate a major <br /> amount of excavation in an existing hillside behind the <br /> � house where it is presently constructed. <br /> ! 14 . After having reviewed the application by Mrs. <br /> � Parton for a variance for the construction of the house, <br /> the Planning Commission and City Council approved of same <br /> • at the July 19, 1976 meeting and the City Council approved <br /> of the variance' for lot width on June 28, 1976. <br /> • <br /> • 15. It is illegal for the City of Orono to expend <br /> public funds for the private benefit of Mrs. Gasch, especially <br /> � when the claim is based only upon the fact that Mrs. Gasch <br /> does not like the location of Mrs. Parton' s house. <br /> • 16. Mrs. Gasch has yet to spend those amounts for <br /> • which she has f iled a claim. <br /> � 17. Mrs. Gasch has admitted to the City Council that <br /> + her only complaint was not that her view of the lake was <br /> impaired but that Mrs. Parton is now able to view a portion <br /> + of Mrs. Gasch' s property from Mrs. Parton' s house. Mrs. <br /> Parton' s ability to view Mrs. Gasch' s property from her <br /> � property is similar to the ability of any other neighbor <br /> anywhere in the City of Orono to view the adjoining property. <br /> � <br /> • 18. It appears to the City Council that the only prob- <br /> lem that exists is the problem between neighbors, which problem <br /> � unfortunately they have not been able to resolve and which <br /> problem does not involve the City of Orono. . <br /> • The above resolution sets forth those findings of fact made <br /> � by the City Council at a regular council meeting of April <br /> � 28, 1977. <br /> • <br /> • � <br /> � <br /> � <br /> • <br /> � <br />