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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, September 14, 2020 <br />6:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 9 of 26 <br /> <br /> <br />Barnhart asked if he wants to clarify how many acres are above Line A. <br /> <br />Johnson said it’s not the Council’s job to design the development, but he is just curious if they maintain <br />the average lakeshore setback, how many usable acres are there for a development. <br /> <br />Barnhart replied depending on the road, his guess it close to four. He said to keep in mind that the <br />average lakeshore setback will change based on the timing. <br /> <br />Johnson noted there are already two established neighbors on each side and if this one is completely <br />empty and it’s a completely new development and that line is there, for example, he said if a single family <br />home was going on, the Council would be very rigid to that pre-existing average lakeshore setback line. <br />The question in front of the Council is because it’s a development, and whether they should look at <br />adjusting that line. He said he’ll wait to learn more but at this point he doesn’t see why he would support <br />a line other than that average lakeshore setback and the developer can work within the pre-existing lines <br />to determine how that development looks. <br /> <br />Seals said it’s a good question and they would hold a homeowner to the original line. <br /> <br />Crosby said they’d do it very rigidly. He said looking back to the map the property to the East has a main <br />house and perhaps a guest house. <br /> <br />Barnhart said average lakeshore setback is a confusing topic and he’d like to make sure they don’t go too <br />far astray. The lot to the East on Millston is a separate lot and the reason the property owner may use it as <br />a guest cottage is because it’s a separate lot and is a principal structure on that lot, so they used the <br />average lakeshore setback from that point. He pointed out that the time of the final plat of the property, <br />the average lakeshore setback at the time of platting would mean the average lakeshore setback for Lot 1 <br />will be based on the distance that Lot 2 is from the lake, there’s no structure on that so the average <br />lakeshore setback is approximately 75 feet, which is on a marsh so they don’t have to worry much about <br />it. Lot 2 is based on the location of the house on Lot 1 and on Lot 3. If there is no structure on either of <br />those lots, then it will be 75 feet back. If there is one structure on either of those lots, then it is that <br />distance. If Lot 3 happens to be the first one built, the average lakeshore setback (ALS) will be the <br />distance (about 850 feet) of 1760 Shoreline, the lot to the West. <br /> <br />Crosby asked if this is a new caveat on a newly platted lot. <br /> <br />Barnhart said they do this frequently because when they have in-fill lakeshore development, as this one is, <br />there are current expectations and situations and a desire to help mitigate those issues but also to respect <br />what the code says. If there wasn’t a proposed ALS Line C, and the property has been platted, Lots 1 and <br />2, depending on their order built, could be much closer to the lake as proposed. <br /> <br />Johnson clarified Barnhart is saying that once developed, the ALS line changes. <br /> <br />Barnhart replied once platted, the ALS line changes. <br /> <br />Johnson said he understands that but the question at hand is that it’s a singular lot being developed, and it <br />makes sense to him that once everything is divided up and the way the houses are constructed can <br />manipulate the line, noting he understands that. However, he doesn’t think that is the question for him.