09-25-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT — CHAD OLSON, REPRESENTATIVE 15. #17-3963 JHG PROPERTIES, LLC, 4035 DAHL ROAD, PRELIMINARY PLAT, VARIANCES, CONSERVATION DESIGN WAIVER Curtis reviewed her Staff report dated September 11, 2017, regarding a variance from minimum lot area standards and preliminary plat for a subdivision. The property consists of 1.8 acres in a one -acre zone. Once the right-of-way dedication and wetland areas are removed, this development would create one conforming 1.0 acre lot and one 0.67 acre lot. The applicant is also requesting waiver from the City's Conservation Design Plan. The Planning Commission voted 7-0 to deny the variance. Staff also recommends denial of the variance. James H. Gilbert, JHG Properties, stated he has resided in Orono for over 35 years and has tried to be a proactive individual in improving his neighborhood. Gilbert stated the property at issue has been an eyesore for 17 years and has caused continual issues with law enforcement and maintenance issues for the City. Gilbert indicated when this property became available for sale, he decided to purchase it to hopefully make improvements to the site. Gilbert noted the City allowed a trailer home three blocks down, which is what he could do on this lot without City approval, but that he would prefer to subdivide it and build a couple of nice homes. Gilbert indicated he probably paid more for the property than it is worth and a couple of high-quality builders looked at the property and recommended the existing house be torn down. Gilbert stated in order to be even with the money he paid for the property, the sale value would have to be around $1.2 million. Gilbert noted the money he paid for this lot exceeds the value of the other nonlakeshore properties in the area. Gilbert noted there are three statutory requirements for granting a variance, with economic considerations being a proper element for determining practical difficulties under the statute and under the law. Staff has basically said it makes no difference and that he paid too much for the property. Gilbert stated that interpretation is wrong and that economics can be considered but it cannot be the sole determining factor. Gilbert stated economics is a very important consideration in this case. Aesthetics can also be taken into consideration. Gilbert noted the City Council considered an application on Wildhurst where variances to setbacks were required. Gilbert stated the majority of the decision appeared to be economic related and that he has the same economic concerns with this property. Gilbert stated in his view the City cannot treat requests for density variances different than setback variances. The statute does not make a distinction on that. In looking at Orono's history, Orono seems to be very proud at never granting a variance to density. Gilbert stated to his recollection 1985 is the last time density variances have been granted. Gilbert stated in this situation, where a City's primary focus is on the detrimental effects of granting a variance to allow new construction where it never happened before and has a strict policy to deny a variance request is improper. Gilbert noted one of the Council members in the Court of Appeals case stated dealing with this in a similar situation for years to come is one of their major concerns. Gilbert stated the Orono Planning Commission also expressed the same concern. Gilbert indicated he has represented other parties in other cities and was stunned at the complexity of the Orono Code. Gilbert noted this is not a major subdivision and that he is just asking for a simple lot split.