04-10-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 20,2017 6:30 o'clock p.m. Schoenzeit stated when the City's interpretation of the definition is subject to a different interpretation, the tie goes to the runner. Thiesse stated the definition is pretty straight forward and there really is no other way to interpret it. Schoenzeit stated the other piece is that the City has also pre -identified the average lakeshore setback and building site. The lot line rearrangement helps determine the building pad. Schoenzeit stated his assumption that these lots are sewered and that they will not need to find a septic spot. Schoenzeit stated if someone can steer where the house goes and it is behind either of the lines that are in discussion, the City should find a way to make this work. Landgraver stated he tends to agree with Commissioner Schoenzeit. Leskinen stated the issue from her perspective is not about where the house is being placed but the fact that they are rearranging the lot lines, which requires them to create two conforming lots. Leskinen stated if it does not meet the City's requirements, it would be a nonconforming lot, which historically has not been allowed. Leskinen stated her other concern is with the practical difficulty analysis. Leskinen noted economic conditions alone cannot determine whether a variance is granted and that in her view it appears to be more of an economic piece than the other criteria the Planning Commission generally looks at. Leskinen stated if they can get past the practical difficulty and decide that the lot line rearrangement can create two conforming lots, that is the option they should choose. Leskinen stated she would be more inclined to grant a setback variance than a lot line variance because she is not inclined to create a nonconforming lot. Thiesse noted the lots conform with the area requirement but do not conform to width except at the 75 -foot line. Thiesse stated based on the width, they cannot build a house where the line is drawn. Thiesse asked if this could be approved if a condition is added that they have to conform with the lot width at the location the house is constructed. Gaffron stated the existing lot has a defined width going from one point to another point, which is perhaps 100 feet. Gaffron indicated the applicants are trying to create two conforming lots from a substandard, nonconforming lakeshore lot. Gaffron stated the lot is substandard because of the channel that was dredged decades ago. Gaffron