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MINUTES OF THE ORONO TRUTH-IN-TAXATION/CITY COUNCIL MEETING Monday, December 10, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ Page 14 of 19 Crosby moved, Seals seconded, to adopt the 2020-2040 Comprehensive Plan and to adopt Resolution No. 6933, a Resolution Directing Staff to Submit the Plan for Formal Review by the Metropolitan Council. VOTE: Ayes 4, Nays 0. 30. LA18-000086 PAUL VOGSTROM ON BEHALF OF WILLIAM AND SUE DUNKLEY AND ERIC VOGSTROM, 2710 PENCE LANE – AVERAGE LAKESHORE SETBACK VARIANCE William and Sue Dunkley, Paul and Eric Vogstrom, and Mark Gronberg were present. Curtis stated the applicant is requesting an average lakeshore setback variance for the new proposed home on the newly created lot in the Pence Lane Addition. The Pence Lane Addition is a two-lot subdivision, which includes an outlot on the north end. The two lots are conforming with respect to area and width and both reflect adequate conforming building footprint areas. Variances were not requested, nor were any granted with the subdivision approval. The City Council granted final plat approval for the Pence Lane Addition on November 26. The applicant is a potential new owner of Lot 2, to be known as 2710 Pence Lane, and is requesting an average lakeshore setback variance for the new home. Curtis noted the dotted line on the survey is the average lakeshore setback line. The yellow shaded portion of the home is the part that is lakeward or encroaches within that. That encroachment is as much as 18 feet lakeward of the setback line. There is an approximately 100-foot width in a conforming location at the average lakeshore setback line. A pool and other nonbuilding improvements are permitted within the average lakeshore setback area up to the 75-foot zone. The Planning Commission members were in agreement that due to a lack of a demonstrable practical difficulty, denial of the variance as requested would be appropriate. However, two commissioners dissented and indicated that they may be supportive of the portion of the proposed home within the area identified by the closest point-to-point measurement found between the red and yellow lines. Staff recommends denial of the variance as requested because the standards for a variance have not been adequately addressed. No new additional public comment has been received. Previously received comments have been included in the Council’s packet. The City Council should review the application and receive any public comment. The Council should make a motion directing Staff to draft an approval or denial resolution for adoption at the January meeting. Walsh noted the City Council has heard this application a number of times but that he would open the meeting up to public comments. Mark Gronberg, Surveyor, stated he came into this project in July and that they were recently informed that the setback line depicted on an earlier survey was not in the correct location. Gronberg stated he has always seen it interpreted in Orono as the most lakeward sightline of the adjoining houses, which is where it was depicted on the original survey and is the interpretation that was used when he worked on the Dayton application on Old Crystal Bay Road. In addition, the drawing from Staff had it drawn from the