06-10-2019 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. Paidosh stated the other reason they are pursuing this is to minimize view disruption. The L-shape requires the home to be moved closer to the lake and it would allow it to be further away from the neighbor's house. In addition,the property is possibly a corner lot now because there is a street that does not exist, which would require a 35-foot setback versus a 10-foot setback. A person cannot use the two adjacent houses to determine the average lakeshore setback line since it is all dictated by the house to the west, which is 202 feet from the lake at the high-water mark and this lot recedes in a little. The wider property and the land vacation would allow the house to be repositioned and to be located more on the east side of the property, which minimizes the impact to the west, and they would pick up an additional 10 feet. If you look at where the easement is drawn, it would allow the house to be built up to the current property line and it would allow you to shift and cant the house a little bit, which opens up a peripheral view on the west side. The architect had indicated he requires an updated survey to define the building footprint, which has been done, and they learned from the architect that they would exceed the setback allowance on the lakeside with the L-shaped house and the desire to go out on Park Drive. Paidosh indicated he then met with Jeremy from the City of Orono on what footprint he could work with in January and that is where he learned about a vacation. Paidosh stated he did not realize that he already had an easement on the property that he purchased back in 1999. Based on that discussion,that was the direction they went with their plans and they completed an application form for the vacation. Paidosh stated his understanding is the land has to be divided 50/50. Following submission of the application, it was learned that Staff might not be in favor of the vacation. Paidosh noted he does not have any elevation drawings, which would be required for a variance, and that he does not have formal house plans yet because he wanted to avoid that expense if the vacation would not be approved. In May the Planning Commission voted 6-1 to not approve. Paidosh stated after discussing it with his wife,they made a decision to go forward with the vacation request, which gets them to where they are at now. The original revised plat was registered in 1887, and basically there is quite a difference versus what actually happened versus what was originally intended. Every one of the areas in red represents the vacations that have been granted over time. The blue area is the subject property. In addition,the spoke- shaped area has been vacated. Paidosh noted his request for a vacation is not an attempt for a land grab, and when you look at it,they get to enjoy the property for free and they were not after it for any reason. A few years ago, following construction of a new house,the water runoff was screwed up and it rolled off the road and into the driveways. The stormwater pipe was a simple way of fixing it. Paidosh stated his main intent in meeting with Jeremy was to gain guidance and that he attempted to do what was reasonable before spending a lot of money. The process has been a little frustrating with the lack of continuity to support vacations and that this has been kind of a disruption to their plans. Paidosh stated as a result of the negative recommendation,he is open to suggestions going forward. Paidosh noted he also has been taking care of the public land,which does not entitle someone to it, but that he has been providing lawn care,tree care,and fixing the gravel pathway every time it washes out. In return,they get to enjoy the property for free. Paidosh stated he picked up the tab 20 years ago for riprapping the shoreline without realizing he was improving public property. The vacation will help him Page 11 of 20