04-24-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 10, 2017 7:00 o'clock p.m. 15. #17-3912 BRUCE BIRKELAND, 1298 WILDHURST TRAIL AND LOT 3, BLOCK WILDHURST, VARIANCES (Continued) Staff has received a revised practical difficulty form from the applicant. Staff does not feel they adequately support the variances requested. Tonight the Council has the option to refer the application back to the Planning Commission or to make a decision based on the new information submitted by the applicant. Curtis noted the lots are currently conforming. Therefore Staff recommends denial of variances for lot width to create the new lakeshore lot. If the applicant is able to show both lots can meet the required 140 - foot standard at the 01-IWL and at the 75 -foot setback, Staff would support a side setback variance for the existing home if it is needed. Tonight the Council should direct Staff to draft a resolution regarding their decision for consideration at their April 24 meeting or refer the matter back to the Planning Commission. Printup commented it seemed like the Planning Commission felt this was reasonable but that there were some questions about the practical difficulty. Walsh stated the practical difficulty statement was not filled out correctly and that the Planning Commission recommended the applicant take another look at that. Walsh stated to his understanding the applicant has owned this property for 50-60 years and that there was a channel that was dredged out a long time ago that created a weird 75 -foot setback. Walsh stated if you look at the arc of the 75 -foot setback, there is 140 feet of width distance on the outside of the arc with a small setback issue with the existing house. Walsh stated to his knowledge the setback gets within three feet of the house instead of ten feet due to the nature of the lots. Walsh stated the goal is to see if the City Council can figure out how to make these things work better. Printup asked whether the lot line was adjusted so the two lots were conforming. Curtis stated the way the surveyor has measured the width at the 75 -foot setback is on the outside of the curve or arc to the upland side, and the way the Code requires lakeshore lots be measured is a straight line at the location where the 75 -foot setback hits both property lines. Curtis stated the way it is measured takes advantage of the awkward shape of the shoreline Walsh stated obviously you could not measure from the inside of the arc because then you would be within the 75 -foot setback. Walsh stated the channel is one of the structural in nature issues that causes a practical difficulty by creating this strange arc. Page 10 of 26