04-12-1993 Council Minutes - Laserfiche WebLink

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• MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12, 1993 ZONING FILE $1804 - CONT. Rollie Crawford, attorney for Mr. and Mrs. Runkle, expressed that his clients are in opposition to the variance. He testified that the ordinances are in place to protect citizens, and the Courts will uphold that principle. He continued that the Courts however will uphold variances to such if certain criteria is met. Variances cannot be granted due to self imposed hardships or for economic, aesthetic or design reasons. He submitted that if the ordinance were upheld the property would not be rendered useless. He presented that the former home was setback substantially on the lot and the applicant was aware of the ordinances at the time of purchase of the lot. He said the applicant requests approximately a 100' variance, which Is not incidental but rather a major variance. He felt the intent of the ordinance is to protect the lake views of existing residences and that it would be best to locate the home as far back as possible on the property. He submitted that the impact on the Runkle home will be substantial as the proposed residence will tower above their home. He said this variance violates the planning policies of the City and past • Supreme Court decisions. The Zoning Administrator has suggested a possible hardship may be the additional grading and excavation needed elsewhere on the property. He felt this was not an acceptable hardship as the previous home was located further back on the property. He recommended denial of•the variance or revision to the proposal to minimize the impact. Mayor Callahan stated three Council members were present at the Planning Commission during the initial review and heard comments from the Runkles. Amundson said this proposal allows him better views than with the previous home. He stated following the Planning Commission meeting, the Runkles made no attempt to contact him for a meeting. He questioned if this issue is so important to them, why they would not make an attempt to contact him. Mabusth noted at the time the Kauffman residence was built, the former residence on this lot was used to draw the average setback line rather than the Amundson home. If the Amundson home site was used, the Kauffman house would have been located in front of the average lakeshore setback line. Hurr inquired about the extent of the variance. Mabusth suggested the 100' variance from the average setback line is to the front of the residence, and the proposal meets the 75' lakeshore setback. 4