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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, September 11, 207 <br />7:00 o'clock p.m. <br />15. #17-3963 JHG PROPERTIES, LLC, 4035 DAHL ROAD, PRELIMINARY PLAT, <br />VARIANCES, CONSERVATION DESIGN WAIVER — Continued <br />and enjoyment of a substantial property right of applicant. This is necessary so the full potential and use <br />could be realized. Gilbert indicated he has the same economic considerations that applied to the <br />Wildhurst case. <br />Gilbert stated another error in Staff's report is that the granting of the variance will alter the essential <br />character of the neighborhood. As a matter of law, an area variance does not alter the essential character <br />of the locality. Gilbert stated two of the three principles under the state statute have been met and that in <br />his view the principles applied in the Wildhurst decision are the same principles that should be applied to <br />his application. <br />The third element for consideration is use of the property in a reasonable manner not permitted by the <br />zoning. Staff has basically stated you cannot have a variance because you need a variance. In the <br />Wildhurst case, the findings said that the application was generally consistent and in harmony with the <br />ordinance. Gilbert indicated he has looked at the 18 homes in the area and nine of those homes are less <br />than one acre. Gilbert stated in his view his proposal is in harmony with the neighborhood and single- <br />family residential use is consistent with the Comprehensive Plan and is similar to the findings used in the <br />Wildhurst case. <br />Finally, the plight of the landowner is unique to the property and not created by the landowner. Gilbert <br />stated Staff basically told him he paid a high price for the property. Gilbert indicated he purchased the <br />property over the Internet and bought it as is because he thought it was important to preserve his <br />neighborhood and add value to the neighborhood and the City. <br />Gilbert stated this property is unique since it is high on a hill with a wetland on the west side. It is a long, <br />rectangular lot. Gilbert stated if he is limited to one lot, the only place to construct a house is on the hill <br />and the front yard would basically be like a football field. <br />Gilbert requested the City Council apply the same variance principles that were used on the setback <br />requirements in the Wildhurst case in his density request. The Court of Appeals has said the decision <br />should be made on the evidence as presented. Gilbert stated when the City Council looks at the judgment <br />of the facts, he has met all the statutory requirements and his request is almost identical to what was done <br />on Wildhurst. <br />Gilbert noted he is also asking for a waiver to the conservation design since they will be leaving all the <br />trees there. Gilbert indicated he would like the border of trees to stay there for privacy. <br />Dankey asked if he originally planned to construct one house on the property when he purchased it, <br />especially since he has resided in Orono for 35 -plus years and is familiar with some of the City's rules <br />and regulations. <br />Gilbert stated his main concern was that another trailer home would be put on this property and that he <br />wanted to preserve his neighborhood. Gilbert stated he is attempting to make the best use of the property <br />they can. Due to the price of the property and the cost to construct a house, it would be well above the <br />valuation of other nonlakeshore properties in the area. <br />Page 8 of 17 <br />