10-29-1984 Council Minutes - Laserfiche WebLink

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, MINU'I'E� OF THE REGULAR URONO COUNCIL MEE'rING HELD OCTOSER 29, 1984 . PAGE 3 #82H LONIE rISK Adr,�inistrator Mabustn state� that according to the neighbors ' study of th� vacant lots in the LR-1B zoning district, 39 percent or 34 of the total 88 fall within 2�J-40 percent of the required area. Mabusth noted their survey came un with a total of 88 vacant lots in the LR-1B zoning district. Mabusth stated that the Fisk lot falls into the ones thaL fell between 2�0-441 percent . Administrator Mabusth noted tizat at the September 1� , 1984 meeting , the Mayor asked for stai-f to come uv wiLh the negative findings of the annlication after heariny only the ap�roval responses from the annlicant ' s side . Th�se findings includ� t'ne following: 1 . The oroposal is not consis�enL wit:n current nattert� of neighborhood development. 2 . Question of apnlicant ' s knowledge of zoning code and association with Orono staFf as he worked on two applications wiL'n the Zoning Administrator and with the Building Denartment on previous consLruction. 3 . Establish negative precedent--34 of the 88 vacant lots in tne LR-1B zor�ing district could ask for the same variances . 4 . Adverse to th� in;�e��t of. the �omprei�ensive Plan and Zoning Cod?. If wi3� range �roblem, the City should amend tl�e code and not grant variances . 5. One-half sewPr unit charged against oroperty (1 /4 unit oneachlot) assessm�ntsuggestsoroperty once part of larger land holding. b . Lineal footage not assessed against property. Garth Coller, Lonie Fisk ' s attorn2y, stated t'nat the most ess�ntial oart of the zoning code is the health, safety and welfare. Coller stated that as City Attorney Malkerson mentioned at the last meeting, that tne courts will use a balancing test. Coller stated thaL the City has to find some negative findings as to the imvact on the public health, safety and welfare. Coller stated i�hat the fact that the sewer has been assessed for this lot, that shows indication that this is a buildable lot . Coller stated that no one has made any acusations as to whether or not this is a non- buildable lot, in fact there is evidence on the record that both the City staff and historical precedent that there was a house on the lot , indicates that this is a buildable lot. Coller stated that staff has a - photograp'n of a house that existed on the lot.