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. 15. #17-3963 JHG PROPERTIES, LLC, 4035 DAHL ROAD, PRELIMINARY PLAT, VARIANCES, CONSERVATION DESIGN WAIVER — Continued 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. The Court of Appeals has said that they conclude that the Board's decision was arbitrary and unreasonable because the decision expressed the Board's will and not its judgment. Gilbert stated he senses the will of Orono is not to allow density variances and that he thinks his application for a density variance has to be given the same consideration as a setback variance, which is not what is happening here. Gilbert stated in the Wildhurst case, there were two findings that should be found in this case and the City Council would be capricious in not applying those findings to this request. The resolution in the Wildhurst application states in Paragraphs 4 and 10 that the granting was necessary for the preservation Page 7 of 17