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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,July 23,2018 <br /> 7:00 o'clock p.m. <br /> 13. LA18-000055—2709 WALTERS PORT LANE,BILL AND SUE DUNKLEY, <br /> SKETCH PLAN—ConNnued <br /> view of the lake in that direction. Dunkley stated she also read a1185 pages of the subdivision regulations <br /> and did not see anywhere in there where they would lose the position of the house if they tore it down. <br /> Kelly Hueler,2715 Pence Lane, stated they have also read all the documents. Hueler pointed out on the <br /> overhead the"peninsula"and the piece of land that everyone is talking about that curves. Hueler stated <br /> the City has already given three variances and not one. <br /> Curtis noted those were for the addition onto the Dunkleys' house and not for this lot. <br /> Hueler stated the variances were for structure,hardcover,and average lakeshore setback. As part of that <br /> application,the Dunkleys claimed all of the land,including this lot,which was part of the reason why the <br /> Dunkleys were provided variances. The rest of the shoreline does not equate to a peninsula and the City <br /> Council would benefit from having an independent surveyor provide some clarity on the issue. <br /> Greg Hueler stated there are three or four places the Dunkleys can put a lot,so that is not an issue,and as <br /> long as the Dunkleys follow the rules and regulations,they are not opposed to that. Hueler stated they are <br /> not trying to stop them from subdividing but that they need to follow the code,and if you take out an <br /> existing home and remove it,they cannot later claim that it is there. <br /> Kelly Hueler stated the Dunkleys should follow the City Code and the City Council should apply the City <br /> Code equally to all residents. Hueler noted the Dunkleys have been provided some fairly significant <br /> variances for their new addition and they did not complain or object to that. In this case the Dunkleys <br /> have created their own practical difficulty,and that it is not just the Huelers saying that but it is all the <br /> other people who live on the lake. <br /> Greg Hueler stated claiming an ignorance of the rules does not make it <br /> Sue Dunkley stated 126 neighbors received an e-mail regarding their project and that she lives close to <br /> five neighbors and that she does not know the other people. <br /> Walsh stated most of the he said/she said comments are irrelevant to what the City Council needs to <br /> discuss tonight. Walsh noted all variance requests have to go through a public hearing,which will happen <br /> in this case. <br /> Walsh commented there are two sides to the argument,and what you have is the Dunkleys own a piece of <br /> ground that goes to the right gently but it does go to the right. On the other side of the argument for why <br /> the Dunkleys should not be granted a variance is that they created the practical difficulty. Walsh stated <br /> the City has an average lakeshore setback to prevent houses from being built in front of other homes <br /> along the lake,and that if all they saw was a straight line going across the land,the house could be moved <br /> a whole bunch forward. Walsh stated in his view the possibility exists for flexibility but that it will exist <br /> at the Planning Commission level when they review the preliminary plat and the variance request. Walsh <br /> stated the application has to go through that process. <br /> Walsh stated in his view the ground does go around to the right,which creates a practical difficulty,but it <br /> could also be said that some of the practical difficulty was created by the applicants. The Dunkleys have <br /> Page 5 of 8 <br />