01-13-2020 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. In response to questions from Johnson, Barnhart stated the City does not measure from the edge of pavement, they measure from the property line. From a setback standpoint, it does not change on one property. It does decrease the setback for the existing property, but the property is already nonconforming. Chances are, if the property was to redevelop, they would either meet the new setback or request a variance. Johnson asked if they would need a variance to keep it in the location it is now. Barnhart said they would not unless they wanted to redevelop. Johnson said if you pretended the house was not there and the owner wanted to put it exactly where it is now, it would require a variance. Barnhart confirmed his statement. Johnson wanted to make sure everyone understood the City would be making it nonconforming in that location. Walsh clarified that it makes the house nonconforming. Johnson agreed with Walsh's statement. Johnson noted if the cul-de-sac is pushed to the back of the property line, you don't have those issues. Seals commented that is a good point to bring up, because historically decisions have been made and then the City Council is forced to have other conversations because it is nonconforming and the City Council is who made it nonconforming. Barnhart said the City is not changing anything, that it's a nonconforming structure from a setback perspective now regardless of where it is put. Walsh stated the question is whether the City wants to clean the area up in terms of dead-end streets and putting in a cul-de-sac and making sure the City has a permanent easement for the right location to get down to the trails. Right now, people are going through the applicant's property, and he could say, "You can't come down here. You've got to go down the huge hill through all the buckthorn." It would be a big investment on the City's part to deal with that. Having the trail on the applicant's property is not the right solution. If the City is going to clean it up, the City wants the right solution for the trail. Seals noted it would be good to hear from the residents, because if they don't want the cul-de-sac there, then it becomes part of the City's job to fix where the correct trail is right now. Walsh stated that if the City Council didn't do anything else, they still need to do that, because it needs to get off the applicant's property. Seals said, from reading residents' emails, she did not feel like there was an overwhelming desire to put a cul-de-sac in. Page 10 of 34