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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,July 21,2014 <br /> 6:30 o'clock p.m. <br /> McGrann asked if the setback lines would still hold. <br /> Gaffron indicated that is correct. <br /> Schoenzeit stated the Planning Commission has not had any discussion on the setbacks such that if the <br /> neighbor can see the shoreline on the applicants' property, whether that should be preserved. <br /> Gaffron stated this is a unique situation. <br /> Landgraver asked if it is contemplated by the height restriction. <br /> Schoenzeit stated the view would clearly be altered. <br /> Gaffron stated the height restriction does not necessarily contemplate this type of situation, but the current <br /> situation does exist and is a factor. <br /> Morgan Cavanaugh,Attorney-at-Law, stated he represents the applicants. Cavanaugh stated the lawsuit <br /> that was brought in December of last year is an active lawsuit and basically challenges the legality of the <br /> Special Lot Combination Agreements, specifically with regard to the fact that they provide specific <br /> restrictive covenants. Cavanaugh stated he engaged in discussions with the City Attorney in an attempt to <br /> find a resolution to the situation and the City Attorney indicated there was interest on the part of the City <br /> in resolving this situation. <br /> Cavanaugh stated if the Special Lot Combination Agreement is terminated and the average lakeshore <br /> setback issue is denied,the applicants are in the position of now having two separate lots, with a dock on <br /> one lot. The purpose of the Special Lot Combination Agreement initially was to allow the dock to remain <br /> without an accessory structure. The City has basically said that the applicants would need to apply for the <br /> variances and the City Council would then review those. Cavanaugh stated the variances would be <br /> addressed after the Special Lot Combination Agreement was terminated. Cavanaugh indicated they are <br /> kind of in the limbo of applying for the variances while the Special Lot Combination Agreement is still in <br /> effect. <br /> Schoenzeit asked if the property owners knew that the Special Lot Combination Agreement was in effect <br /> at the time they purchased it. <br /> Cavanaugh indicated they did. <br /> Schwingler asked if they knew it was an unbuildable lot at the time they bought it. <br /> Cavanaugh indicated that is correct and that the lawsuit relates to whether that is legal. <br /> Schwingler noted the previous property owner accepted that Special Lot Combination. <br /> Mrs. Alness noted the law has changed regarding 50-foot properties. <br /> Thiesse noted state law has changed but the City's regulations have not. Thiesse asked if the Planning <br /> Commission is being asked to go through this review as though the lawsuit does not exist. <br /> Page 12 of 30 <br />