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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday, September 23,2019 <br /> 7:00 o'clock p.m. <br /> Kelly Hueler stated they just want to make sure all citizens are treated equally. If people are respectful of <br /> the code and of their neighbors,a variance should be considered,and unreasonable variances should be <br /> limited. <br /> Mattick suggested at the end they could simply add, if the line continues to bisect building,the next most <br /> lakeshore point is to e used until the setback line does not bisect the adjacent building. <br /> Walsh stated that would be acceptable. <br /> Johnson asked if the City has a definition of where or what the lakeshore is. If not,the City Council <br /> should have a conversation about changing it to the ordinary high water level. <br /> Barnhart stated he does not know off the top of the head whether the City has a definition of Lakeshore. <br /> Johnson commented they might want to further look into that. Johnson indicated he has spoken with <br /> several surveyors that are active in the community and one of the complications they can encounter is <br /> how they obtain that measurement if the adjoining neighbor does not agree to them coming on their <br /> property to measure from their corner. <br /> Barnhart stated his understanding is they obtain that from aerial photographs. <br /> Johnson stated to his knowledge this got started because City Staff was interpreting the city code one way <br /> for a long time and then the City started interpreting it differently. The surveyor with their direct reflex <br /> laser are able to get property corners,which makes it easier to go from a property corner to a property <br /> corner,but somebody has to get permission to do that. If you start throwing in 42-inch maximum height, <br /> the surveyor would have to stand on that property and measure the height, and they may not get that <br /> permission. Ultimately they will have to survey the house on both sides to be exact. At one point Staff <br /> was interpreting corner to corner as average Lakeshore setback. <br /> Johnson stated the other thing he learned on the Council was that he was using the words line of sight or <br /> sightline,which is not in the code,and that he should be using average lakeshore setback. People get <br /> confused between the term line of sight and average lakeshore setback. <br /> Walsh noted the average lakeshore setback affects someone's line of sight. <br /> Johnson stated at the Planning Commission meeting they had a neighbor on Casco Point that thinks they <br /> deserve al 80-degree line of sight but there is nothing in the code that protects the sight. The average <br /> setback line is to keep houses from boxing in other homes,and the spirit of what the City Council is <br /> trying to do is make it understandable and fair to everybody. In his experience in talking to the surveyors, <br /> the City Council should take a harder look at this whole thing before they add any tweaks. <br /> Walsh stated the onus is on the surveyor to provide the information and that he is not sure how to change <br /> the code to make it easier to obtain. The Code needs to be clear on where that point is,and that he is not <br /> sure if ordinary high-water mark is clear either. <br /> Barnhart stated ordinary high water is a pretty standard term and it is the point where the 75-foot setback <br /> is measured from. <br /> Page 8 of 11 <br />