12-10-2018 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO TRUTH-IN-TAXATION/CITY COUNCIL MEETING Monday,December 10,2018 6:30 o'clock p.m. most lakeward points. Gronberg stated that has been his understanding of how the sightline is determined during all the years he has worked in Orono. Gronberg stated one of the things they looked at in the Dayton application was the way the houses were facing. Curtis noted that was for a variance. Gronberg stated that was a component of the variance that was granted. The setback line was ganted 80 feet from the lake on that variance. On this property,there is a mostly straight shoreline with the house facing south to the east of the Dunkleys. The house that got torn down was facing southwest and the Dunkley's house is facing almost west. Gronberg indicated they have a similar situation to the Dayton application as to which way the houses are facing. Walsh noted the shoreline goes across and then changes,which is why those houses are in a row. Gronberg commented it is a great ordinance for a straight shoreline,but when the shoreline cuts way back in, it creates a practical difficulty. The house to the east is 80 to 90 feet from the shoreline,Dunkley's deck is 25 feet,and the middle of the new lot it around 138 feet to the setback. On the corners that average setback line is around 120 to 125 feet,which creates quite a discrepancy. Eric Vogstrom,2710 Pence Lane, noted in 2002,the neighbor to the north of Dunkleys applied for a variance for the end of their garage located off of Walters Port. That area requires a 35-foot setback and the Keegans requested a variance for 10 feet. The Dunkleys did not object to that and the variance was approved. The resolution noted that due to the shape of the lakeshore,there was a hardship pertaining to the property. In addition,when the Dunkleys received their approval,Orono stated the configuration of the property and the adjacent property functions as a peninsula. At that same meeting Council Member Dankey asked the question if it affected anyone's view,and Melanie replied no,not really,because the orientation of that area is almost like a peninsula. As Mr. Gronberg pointed out,there are a couple of properties on 825 Old Crystal Bay Road where they were talking about the average line of sight. Those properties had a similar situation with the shoreline and the City Council did not have an issue with it at all. Vogstrom noted that was approved about a year ago. In addition,there was another property at 1700 Bohns Point Road that Kathy Alexander did where they asked for an average lakeshore setback and there was not an issue with it even though it was a similar situation. Vogstrom noted there have been many other examples where there have been practical difficulties for the average line of sight, and if there is a straight line, it makes sense,but obviously when the shoreline is curved,the ordinance does not pertain to that. Vogstrom stated when they originally came in,the Dunkleys were at that Council meeting asking for a line of sight variance and the Mayor and some others commented that that did not seem to be a problem. Greg HQeler,2715 Pence Lane, stated he knows the City Council looked at a number of plans and discussed at great length the layout of this lot and how it had to be conforming,that they were not going to entertain looking at this lot if it was not conforming. The applicant then came in with a conforming lot and they did not oppose that. Hueler asked what sense does it make for someone to come in with a conforming lot but then request a variance later. Hueler asked whether he can come in next month asking for a variance if there is no practical difficulty. Page 15 of 19