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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 28 of 40 (8. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – RESOLUTION NO. 6490 continued) Walsh stated in his view it would be prudent from a City standpoint to give the lot owner a buildable lot by giving him the average lakeshore setback. Walsh stated that would not give him everything he wants but that it would give him a true buildable lot. Walsh stated in his view the City Attorney would feel that that is a much safer way to go forward. Walsh noted there is a potential taking issue, but the variance would give them one less argument and he would not be able to say that he does not have a buildable lot. Walsh stated what could potentially happen is that a judge could say the City overreached and the judge may give him everything he is asking for. Walsh stated the City typically does not give rear yard or side yard setbacks generally, but they have granted an average lakeshore setback a number of times, which would give them a buildable lot. McMillan noted two council meetings ago the Council asked the applicant to submit a revised plan but the applicants did not attempt to submit a revised plan and instead continued to request all the variances. McMillan stated she did not sense that there was any desire on the part of the applicant to minimize the setback. McMillan noted the City has had other applicants that are willing to mitigate the setback by only building a one-story house or changing rooflines and other things. McMillan stated in this situation the applicant was not willing to work with the variances. Walsh stated the applicant would like all or nothing but that it is still within the City’s power to give an average lakeshore setback variance. Walsh noted without the average lakeshore setback, they areunable to build anything on the lot. Walsh stated granting the variance would protect the City, which is the Council’s job, and not overreach on this application. Levang stated the Council has vetted this application a number of times and that the applicants have not done anything to change their plans. Levang stated she is not willing to change the average lakeshore setback since it is one of the City’s golden rules. Levang stated there has to be very extenuating circumstances and they do not exist in this case. Levang stated she is not willing to change the vote that was made two weeks ago. McMillan stated even with a 400-square foot house there will need to be some extensive grading, which raises the issue of whether a conditional use permit should be granted. McMillan noted it is also not assessed as a buildable lot. Walsh stated a judge will decide that. McMillan stated the judge will look at the City’s findings and the record demonstrates that this lot has a long track record of not being buildable. Walsh stated in his view the City should give the applicant something. McMillan stated it is tough on the marginal lots but that the impact on the neighborhood needs to be considered. McMillan stated if the Council is going to go down this path, they may need more public input since the last meeting was not about just granting one variance. McMillan noted the Council would also have to grant lot area and lot width variances and not just an average lakeshore setback variance. City Council Meeting April 27, 2015 Page 30 of 257