06-24-2019 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 10, 2019 7:00 o'clock p.m. Johnsrud stated he is hoping his application is not delayed and that he will either build another structure or add on to the existing one. Adding on to the existing building financially made more sense since only three posts are required, they do not have to do any augmenting to the driveway or remove any trees. It also made more sense for the neighbors. The house to the east will not be able to see it from their house or from the road. Walsh noted the City's Code does not allow them to do that without a practical difficulty, which is what the City Council has to follow. Johnsrud stated there was nothing he saw that defined what a practical difficulty is and that it seems arbitrary. Crosby stated in his view the practical difficulty is the access and that he would be in favor of moving it forward and then addressing the code. Johnson stated no trees would also need to be removed. Seals stated a practical difficulty is something that prevents you from living on the property. Crosby stated enjoyment of your property is also included. Mattick stated some discretion is allowed but a financial consideration is not one of them. When it comes to a practical difficulty, the question usually is, is there something about this property that makes it unique. The City Council knows he can construct a structure that meets the requirements of the Code. The Code contemplates, if due to the dynamics of the lot, he is not able to construct, that would be considered a practical difficulty. The removal of trees here or there is not that much of a practical difficulty, but if there are steep slopes, that may be an additional practical difficulty. A practical difficulty is not simply because it makes sense. Walsh commented it becomes a slippery slope, and that they had one application on Crystal Bay Road where having a washer and dryer on the bottom floor was an issue, but it did not prevent them from enjoying their property. If the applicant does not want to wait for the City to review the Code and wants to build another structure, he can do that, but if he waits, he can build it exactly where he wants to. Crosby stated in his view the accessibility is the issue. Johnson asked if Staff told the applicant they would not support the proposal and why he brought it forward. Johnsrud stated he decided to go through the channels and come before the City Council. The Planning Commission vote was 4-3 and there was actually quite a long discussion about the whole process at the Planning Commission. One of the comments was, this makes no sense, which is similar to the conversation the Council has already had. Johnson stated he would like to approve it but that he does see where the City has its own minutia that prevents them from using logic sometimes. Walsh stated the Council should give direction to Staff on how the code should be changed. Page 17 of 20