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MINUTES OF THE ORONO TRUTH -IN -TAXATION MEETING and the ORONO CITY COUNCIL MEETING Monday, December 12, 2016 6:30 o'clock p.m. 18. #16-3877 GEORGE STICKNEY ON BEHALF OF MOONEY LAKE PRESERVE, LOTS 1-7, BLOCK 1, AVERAGE SETBACK VARIANCES — RESOLUTION NO. 6712 (continued) The proposed house location for Lot 6 is approximately 130 feet from Mooney Lake and lies westerly of the previously existing home on this site. If the home on Lot 7 moves west, the average lakeshore setback encroachment for Lot 6 will increase. There would be no impact on the neighbors' lake views even if the home moves forward. With regard to Lot 7, the proposed house location is about 150 feet from Mooney Lake and sits on a terrace just above a 15-20 percent steep slope. If the home on Lot 6 moves lakeward, that reduces the average Lakeshore setback encroachment for Lot 7. Moving the house on Lot 7 westward increases the average lakeshore setback encroachment for Lot 6 but has no view impacts. The Planning Commission reviewed this application and voted 6-0 to recommend approval of the average lakeshore setback variance for each of the seven Mooney Lake Preserve lakeshore lots. The Planning Commission also made the following additional recommendations: 1. Review of the average setback by Staff at the time of building permit issuance shall be by "the appropriate City Staff' rather than the Community Development Director. 2. The average lakeshore setback variance should apply only to the original homes to be constructed on the lots and not to any future replacement homes. Staff recommends approval of the average lakeshore setback variances as proposed, subject to the Planning Commission's first recommended condition but not the second condition. The permanent status of these variances is appropriate given that this is a new subdivision for which initial home construction might not take place within the normal one year allotted time frame for use of a variance. Levang asked if this variance will be triggered at the time of building permit. Gaffron indicated it will be and that Staff will monitor it. Gaffron stated it would also be filed on the chain of title. Gaffron stated if something does not go as anticipated, it would need to be brought forward as a variance. McMillan noted there is not a lot of leeway on some of the lots for the building pads. George Stickney, Applicant, stated a lot of these proposed building pads are 400 to 500 feet away from the lake, and that if someone is a little closer, it would not be that readily noticeable. Stickney stated the owners will also have to adhere to other covenants and restrictions and that there is not a lot of leeway on the septic sites. Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6712 a Resolution Granting a Variance to Orono Municipal Zoning Code Sections 78-128 and 78-1279(6) for Lots 1, 2, 3, 4, 5, 6, and 7, Block 1, Mooney Lake Preserve, File No. 16-3877. VOTE: Ayes 5, Nays 0. Page 22 of 33