06-24-2019 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 10, 2019 7:00 o'clock p.m. Johnson stated if massing is a concern, attaching the structure is the most unencumbering way to add square footage. Johnson asked whether a practical difficulty could be the fact that the code is unreasonable. Walsh asked how long it would take to revisit this specific code issue. Barnhart noted there is some time left in the 60 -day review period but that it might be a challenge to get it before the Planning Commission in time. Crosby stated there could be a practical difficulty with the placement of the structure since access to the structure would be more difficult at the rear of the property. Mattick stated that would be the discussion but that he does not like saying the City does not like its code so let's give variances. If the City Council does not like the code, they should change it. Walsh asked if the applicant would be willing to delay this a little in order for the Council to review the code. Mike Johnsrud, Applicant, stated he has the ability to build up to 999 square feet in another building that is not contiguous to this one and that it is not a state statute that it has to be ten feet from the property line. This development was put in back in the mid-1980s, and the lots are all somewhere around three acres, but someone granted the developer the additional land behind the structures to get to the five -acre minimum that was required at the time the development was done. The taxes and ownership, however, are based on 2.68 acres. 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 Page 3 of 4