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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,October 14,2019 <br /> 7:00 o'clock p.m. <br /> Walsh noted the Planning Commission discussed the neighbor's view of the boathouse and the applicants <br /> made an accommodation to their plan to maintain that view even though there is nothing in the code <br /> requiring that. <br /> Johnson commented the existing house affords the property owners some privilege with the position of <br /> their new house and they are taking advantage of that,which they are entitled to do. If this was a vacant <br /> lot,they would not get any support for moving it in front of that average lakeshore setback line,but it is <br /> not a vacant lot and they have a right to place the house where it is. The applicants have moved it back <br /> from what was originally proposed to accommodate the neighbor's view and they did not have to do that. <br /> Crosby asked how far back it is from the initial home. <br /> Gustafson stated he believes it is 143. <br /> Curtis stated 143 feet was the proposed home location and it is now 156 feet. <br /> Stacy Marks asked if there is now an as-if clause that is going to be applied because she did not read that <br /> anywhere in the code. The applicants are not replacing it in like and kind,and the rule should only apply <br /> if that was being replaced in like and kind. <br /> Walsh stated it is a mitigating factor versus it being a clean slate where someone has to have a practical <br /> difficulty to get a variance. <br /> Mattick stated the property owners can build exactly what they have without a variance if they rebuild it <br /> in like and kind. Since this is not a vacant lot,the Council has to consider other things, and historically <br /> Ms. Marks' view has had some blockage. <br /> Marks noted the existing structure is 73 feet from her property and that this large three-story structure will <br /> be 17 feet from her house. What is being proposed is a very different structure from what exists,and if <br /> someone can get a 49-foot setback,the question is where does it stop. <br /> Printup moved,Johnson seconded,Application No.LA19-000067,Alexander Design Group on <br /> behalf of Mark and Kristie Ties,3129 Casco Circle,to direct Staff to draft an approval resolution <br /> granting an average lakeshore setback variance. VOTE: Ayes 5,Nays 0. <br /> 28. LA19-000069—GORDON JAMES CONSTRUCTION ON BEHALF OF DALE AND <br /> JONMARI OLSEN,3315 CRYSTAL BAY ROAD,VARIANCES AND IUP <br /> John Quinlivan,Gordon James Construction;Andrea Swan,Architect; and Dale and JonMari Olsen, <br /> Property Owners,were present. <br /> Curtis stated the applicant is requesting a number of approvals in conjunction with redevelopment of the <br /> property. Due to the property's small size and small deck,redevelopment will require the following <br /> variances: <br /> -Lot area; <br /> -Hardcover within the 75-foot setback; <br /> -Building and structure within the 75-foot setback <br /> -Driveway width within the 75-foot setback; <br /> Page 9 of 16 <br />