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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 18 (5. #14-3690 FRED JOHNSON (CD PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE continued) proposing a large house but that the applicants would be held to the normal two and a half stories. Staff has preliminarily concluded that the basement as proposed may be considered a story. Gaffron stated based on all of that, it is hard for Staff to define what the best setback to vary from is. The average lakeshore setback is the most important one and the Council has been pretty strict on adhering to the average lakeshore setback over the years. Gaffron noted the lot is the smallest lot in the neighborhood and consists of roughly two-tenths of an acre. The proposed house would be significantly smaller than the other homes in the neighborhood. McMillan stated in order to construct a house on this lot the setbacks would need to be very small. McMillan stated the applicants pretty much cannot construct a house without some type of setback variance. McMillan stated in her view the two things that she cannot overcome on this application is the fact that the lot is small, which is out of character with the neighborhood, and the average lakeshore setback. McMillan noted the proposed house would be very far into that average lakeshore setback. McMillan noted there is a track record going back into the late 1960s of this lot being deemed unbuildable. McMillan stated there is a significant amount of documentation depicting that and whoever purchased this lot was basically buying an unbuildable lot that they could use perhaps to launch a canoe or swim off of. McMillan stated given that, she is in agreement with Staff’s recommendation. Council Member Levang indicated she also is in agreement with Staff’s recommendation. Levang stated if that many trees are removed, there will be tremendous damage to the environment as well as changing the sight lines for the neighbors. Levang stated she does not feel a house of this size fits into the character of the neighborhood since it will be strikingly small compared to the other homes. Levang indicated she is not in favor of granting an average lakeshore setback since the City Council is very mindful of that and has always adhered to that. Levang stated she is in favor of denial. Council Member Cornick noted he is new to the City Council and that the Council is sometimes asked to do difficult things. Cornick stated he sympathizes with the applicants but that it appears the Council is being asked to do something impossible and that there is no way they can approve this. Cornick stated he would have to agree with the Planning Commission and Staff’s recommendation. Levang moved, Cornick seconded, to direct Staff to prepare a denial resolution for Application No. 14-3690, Fred Johnson and Patricia Pfeffer, 1565 Orchard Beach Place. Printup stated this application reminds him of the application on Maple Place and the discussion regarding the Alness application. Printup asked how this application is different from those two situations. Gaffron stated this application is different because the applicant is requesting variances to the City Code. In those other instances, the property owners were able to meet those requirements. Gaffron stated even if a “park model” approximately 10’ x 40’ is placed on the lot, they still could not meet the average lakeshore setback. Gaffron stated the difference between this application and the Maple Place properties Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 5 of 18]