04-22-2019 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 8, 2019 7:00 o’clock p.m. __________________________________________________________________________________ Seals commented these lots were designed for cabins and not meant for large homes. Whenever people move closer to the property line, there can be issues with the adjoining property owner. Rehkamp noted the neighbor’s garage is closer than 7.5 feet from the lot line. Johnson stated if the neighbors at some point in the future wants to make their garage bigger, they would also have to conform to the 7.5-foot setback. Crosby stated if they relocate it by three feet, he would not have a problem with the structure. Rehkamp asked whether they could have the 90 square feet as suggested by Mayor Walsh. Johnson indicated he is not in favor of that. Crosby stated he would prefer they maintain the setback. Walsh noted the City has already reduced the setback in this area to 7.5 feet and that he does not want to make the situation worse. Rehkamp stated they would appreciate the extra square footage for the garage to allow the storage. Johnson pointed out applicants are not allowed to create their own practical difficulty and that the City Council is not in the business of creating designs. The second part of the application relates to the conditional use permit for the bathroom and shower in the garage. Walsh noted the City has granted conditional use permits for that a number of times in the past as long as there is a signed covenant. Seals commented it is good to have a covenant, but the City does not have the best track record of managing these things. The risk is that the structure could be used as a second dwelling and that the City Council has to decide what the rules of engagement are on that. Walsh stated the covenant goes with the land and that the City has approved them in the past. Walsh indicated he is not aware of any that have not been granted. Johnson moved, Crosby seconded, to approve Application No. LA19-000010, Rehkamp Larson Architects on behalf of Alexander and Amy Ware, 2587 Kelley Avenue, granting of a Conditional Use Permit allowing a bathroom in the detached garage, and to require a 7.5-foot setback for the detached garage. Rehkamp asked whether they can maintain the nonconformance that currently exists. Johnson stated they can but that they are increasing the massing. Seals stated if they want to construct the exact same garage, that would be allowed. VOTE: Ayes 4, Nays 0.