09-28-2020 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 26 Crosby said he’s not seeing it either and asked if he’s missing something. As Johnson said the developer could manipulate the line however they want it, for example going 75 feet back and bring everything forward. Johnson said the ALS is to protect (in his mind) the existing neighbors already there that had some sort of use and enjoyment. Just because it’s a development he doesn’t see why that affords more privilege because the lot is big enough to break down. Mayor Walsh said if it was one house, Line A is the line, but once they start breaking up the lots, Line A is not the line anymore. Crosby said there is no property there so basically they’re moving things forward to create the argument. Johnson said they could still break things up and adhere to that line. Crosby is curious to hear the stance of the properties to the West and to the East. Mayor Walsh said for the sake of argument, the developer just goes and does that, where is the red line then. Barnhart asked to clarify the question - if the developer does what. Walsh said if the property is platted just like it’s shown, where would the red line be now, noting the setback would be 75 feet from the high-water line and it would be right in the marsh. Johnson said this is the ALS from the Southern part of the lake based on the existing properties. Walsh responded if it was one property, but if it’s not one property, those red lines don’t apply and there are different rules that get appropriated in that case. He clarified that what Barnhart is saying is that instead of having the ASL be 75 feet in the middle of the marsh, they’d propose Line C as the closest they can get to the marsh. Johnson said in an effort to make Lots 1, 2 and 3 feasible, that’s what a person would do. Walsh said to remember that Line A is only because it’s one property and once it’s delineated into multiple properties, Line A doesn’t exist anymore. Johnson stated he’s not confused as to how they’ve come to the lines, he’s just saying they could develop it and Lots 1, 2 and 3 could be North of the average lakeshore setback and come up with a development that maintains the neighboring properties. Walsh is trying to show that the developer doesn’t have to do that if it gets platted like this. They can be right where Line C is without asking permission because once they re-plat it, it’s just information that’s not on the map, and the line is actually right in the middle of the marsh. He said this is showing if it was one property, they would have to build above Line A. Crosby said wouldn’t they need to be cognizant of the neighbors to the East and West.