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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 />_____________________________________________________________________________________ <br /> <br />Page 9 of 16 <br /> <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 /> <br />Crosby asked how far back it is from the initial home. <br /> <br />Gustafson stated he believes it is 143. <br /> <br />Curtis stated 143 feet was the proposed home location and it is now 156 feet. <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <br />28. LA19-000069 – GORDON JAMES CONSTRUCTION ON BEHALF OF DALE AND <br />JONMARI OLSEN, 3315 CRYSTAL BAY ROAD, VARIANCES AND IUP <br /> <br />John Quinlivan, Gordon James Construction; Andrea Swan, Architect; and Dale and JonMari Olsen, <br />Property Owners, were present. <br /> <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 /> <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;