SACO — A Kinney Shores couple is seeking a contract zone to allow the construction of a home on an unused portion of their property.

The Kinney Shores subdivision was established in 1914, creating numerous 50- by 100-foot lots between Seaside Avenue and the beach.

George and Nancy Driscoll acquired two adjoining lots, one 5,300 square feet and the other 5,500 square feet, in the subdivision in 1980. A home was located on one lot, the other was empty. Nancy Driscoll said at Monday night’s City Council workshop the lot with the home was in both her and her husband’s name. The vacant lot was later transferred to her name only, and the couple planned to sell it in the future when they were retired.

In 2009, the Driscolls submitted an application to the city for a building permit on the vacant lot, which was denied by Code Enforcement Officer Dick Lambert. Lambert based his denial on a 1985 zoning ordinance. Under this ordinance, if a property owner has two adjacent lots in this subdivision that don’t conform to modern size standards of at least 7,500 square feet, and one of the lots is vacant, the lots will be combined to form one conforming property.

Driscoll said Monday night that she and her her husband were not aware the two lots had been joined, and until a few years ago were receiving two separate tax bills.

The Driscolls appealed Lambert’s decision to the Zoning Board of Appeals, where Lambert’s decision was upheld, than appealed to York County Superior Court and later Maine Supreme Court, where Lambert’s decision was again upheld.

The Driscolls are now seeking a contract zone from the city as a way for the vacant portion of their property to legally be deemed buildable.

Contract zone agreements allow property owners to develop a property in a way not permitted by city ordinance.

The contract zone was not recommended by the Planning Board, and now the City Council must decide whether to grant it.

“I don’t think these folks were doing anything devious,” said City Councilor Leslie Smith. “This to me is like changing the rules halfway through the game.”

City Councilor Nathan Johnston asked City Planner Bob Hamblen if he thought the proposal was a good use of a contract zone.

Hamblen said he didn’t see a city-wide benefit with the proposed contract zone, which was a lot more personalized and narrower in focus than most contract zone proposals. Yet the Driscolls can legally apply for a contract zone.

A public hearing on the contract zone will be held on Oct. 19.

— Staff Writer Liz Gotthelf can be contacted at 282-1535, ext. 325 or [email protected].