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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 29 of 40 (8. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – RESOLUTION NO. 6490 continued) Gaffron stated if the City were to grant the average lakeshore setback variance, it would be similar to the Alness application since that lot also required an average lakeshore setback variance to make it buildable. Walsh stated an average lakeshore setback variance would make this a buildable lot and eliminate one of the applicants’ arguments. McMillan noted it would increase the valuation of the lot significantly. Walsh stated in his view the Council is overreaching. Levang stated the past documentation is very clear on how many times the variances have been denied, which is also documented in the resolution. Les Delton, 1535 Orchard Beach Place, stated he appreciates the time the City Council is taking on this application. Delton stated there will probably be a lawsuit but that they knew the property was unbuildable at the time they purchased the lot. Delton stated the neighbor talked to him and his mom talked to him about that. Delton stated the applicant knew at the time they bought the property that it was unbuildable. Delton stated it has also been voted down a number of times and that a house cannot go on the lot because it will not fit. Lisa Wysocki, 1555 Orchard Beach Road, stated her grandparents purchased their property in 1948 and that it is L-shaped and goes around this property. Wysocki indicated she has been attending City Council meetings since she was 16 and she has never seen a City Council be concerned about a potential lawsuit. Wysocki stated she knows the applicants’ attorney has stood up here several times and threatened a lawsuit but that she has never seen a council cow-tow to anything like that. Wysocki stated she is hoping the Council will not do that today since the lawsuit may or may not happen. Wysocki stated in addition to the average lakeshore setback, there are a number of other reasons why this property is not buildable. Wysocki stated she has been looking at this property her entire life and the water puddles and experiences runoff from other properties. Wysocki stated the lot does not meet anywhere near any of the requirements. Wysocki stated if it were close, it would be a different story, but that currently the lot is less than one-fifth the size of any home in the area. Wysocki noted the house the applicants are proposing will block their views. In the CMP Orono has language stating that there is a clear right of property owners to have a view of the lake. If there is a house built on this property, it will impede their view of the lake. Wysocki stated she feels for Patricia Pfeffer but that her husband unfortunately made a bad investment, which does not mean the rest of the neighbors need to be negatively impacted by it. Gaffron noted in the Alness application, the average lakeshore setback variance was the only variance they needed and that there was no longer a need for the width and lot area variances once that was granted. Gaffron stated the lot met the criteria under the state statute. City Council Meeting April 27, 2015 Page 31 of 257