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MINUTES OF TIIE REGULIIR ORONO COUNCIL MEETING HI:LD OCTOBI;R 29 , 1984 _ P11G� 13 <br /> #820 LONIE FISK 2, The use pr000sed is contrary to the letter and <br /> intent of the Orono Comprehensive Plan. <br /> 3 . The development and or granting of the variance <br /> would set an adverse �recedent in the City. <br /> 4 . The apnlicant/�urcliaser should 'nave had knowledge <br /> of the zoning code requirements priar: �to ourcnase. <br /> Any hardshi� stated here is self-imUosed . <br /> 5. On2-half sewer unit was charged against th� <br /> property indicating a question on the part of City <br /> staff at sometime in the Uast ti�at the lot was <br /> suastan�ard . There was no lateral sewer <br /> assessment levied against the �roperty, therefor� <br /> tne question of the buildability of the lot seems to <br /> be open and before us . <br /> 5. Th� property falls short of the zoning code to an <br /> extent too great to enable justification of <br /> granzing the variances requested . <br /> Discussion continued before the vote was taken. <br /> Council,member Grab2k stated that �s far as the saf-ety is <br /> concerned, there is no n_roble.m with � house being buil� <br /> on t;�at lot. Grab�k st,�ted ti�at se:a�r is available, <br /> therefore, creaLing no health oro�lems . Grabek <br /> stated that in regard to tne welfar� quesLion, the house <br /> �ddsno�hingbutbeneLittotheneighborhood especially <br /> with tne condition of the lot being used as a dump . <br /> Grabek stated that the lot is in terrible condition. <br /> Grabek stated that granting the variance would not <br /> c'nange ti�e environment, like tearing down trees , or <br /> things like that . �•:�rabe'K stated L-nat the neigi�bors <br /> certainly had an opportunity to ourc.zase the lot and <br /> have i�ad for so;ne�ime. Grabek stated that r^isk ' s <br /> afiidavit noted some "mystery person" who told him that <br /> the lot was buildable, which doesn ' t influence nis <br /> decision. Grabek staced t'nat the Council should look <br /> at tha land as to tne best use o� tnat land and to see that <br /> no harm will come to the enviro��ment, �rabe'� stated <br /> that there is no effect to the environment as a n2altiz <br /> situation because there is sewer. <br /> Councilmember Grabek stated Fisk did impose these <br /> difficulties on himself . Grabek asked City Attorney <br /> Radio wnat right does the City have to protect those . <br /> � small parcels of land against the transfer of vested <br /> rights to build. <br /> City Attorney Radio stated that the neighbors attorney <br /> included cases in N�w York and Illinois that included a <br /> cut off point on tax forfeiture property and the vesting <br /> oi rigi�ts cannot go on forever and be passed to oL-her <br /> land owners . Radio stai:ed that he has been unaul� to <br /> fi���� any s��cific cases in Minnesota adverse to that <br /> point. Radio stated that in Minnesota it is an open <br /> ni�r�oi-i.-.n n.�,� i-'noi- �1-�i c ��co r�nn� � ma��r� n�..� l o�n <br />