07-23-2018 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 23,2018 7:00 dclock p.m. 13. LA18-000055—2709 WALTERS PORT LANE,BILL AND SUE DUNKLEY, SKETCH PLAN—Continued Curtis stated that is what Staff is trying to illustrate by the exhibit and that there is a significant building envelope available to the applicants. Sue Dunkley,Applicant, stated she would like to clarify a couple of points. At the time they proposed the combination of the two lots,they were not told in any way,shape or form that they would lose any kind of grandfathered position of the house by combining the lots. Dunkley stated she specifically called Melanie,who had asked whether they were still planning on another lot,and she was told yes. Melanie Curtis then said they would have to meet the subdivision ordinances. Dunkley stated she then asked what that would mean for them,and Melanie Curtis stated they would need to meet the subdivision ordinances, and if,in the future,you are not under construction and the ordinances change,you will need to meet the new ordinances. Dunkley stated never once did it occur to them that by combining the lots they would lose the position of the house. Dunkley noted the proposed house is out of the 0-75 foot setback and that it will be set back 17 feet further than the old house. Dunkley stated it�ver occurred to her that they would have to work through any issue on this,and that had the City said that when you do this,you are going to have a big fight on your hands,they would not have done it. Dunkley stated there were many opporiunities for that to be said and that the location of the new house was illustrated on all their plans. Dunkley stated they could have been told to simply do a lot line rearrangement and that they did not know it would be that hard to get the new location of the house approved. Dunkley stated they will be asking for a variance to the average lakeshore setback but that they have eliminated all the other variances. Dunkley noted the City Council adopted Resolution No. 6811 that says they are dealing with a peninsula. The language in the resolution states that the configuration of the property and the adjacent properties function like a peninsula. This criteria is met regarding the addition. Dunkley indicated she walked out to the end of their dock and she is not able to see the Hueler's land or dock because the land juts out,which means it is a peninsula. Dunkley stated they are not trying to sneak something past and that they have 4.58 acres and almost 500 feet of lakeshore. It was not their intent to do a subdivision but they only did it because they have owned the property for a really long time and they needed to get going on the project to help pay for the land. Dunkley questioned why the land is not considered a peninsula now when the word peninsula was used five times in the resolution. Dunkley stated the other thing that happened at one of the meetings is that Mayor Walsh stated that the City can give some flexibility on the road but that the lot will need to be a conforming lot. Dunkley stated they are proposing a conforming lot. Mayor Walsh also indicated that the City can give some flexibility on the sightlines but that there should be no other variances. Dunkley stated they worked really hard to make that happen and that all this fighting is delaying construction. The minutes further reflect that Council Member Dankey said it is not practical to move the house back given the curve,and that she is not sure why this is taking all this time. Dunkley stated she hopes the City Council will consider those things and that they are not asking for anything crazy and are,in fact, 17 feet further back. Dunkley noted the Huelers did not know the house would be moved or torn down when they purchased the property and that they originally did not have a Page 4 of 8