12-07-2020 City Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 7,2020 6:00 o'clock p.m. 24. LA20-000071—Jacob Stickney, 15 Stubbs Bay Road/PID 3211823340006,Variances— Resolution—Continued placement as pertained to the side yard setback. The Applicant heard those comments and has submitted an amended plan to address those neighbors' comments. It equals out to the house shifting a few feet from what used to be a 15-foot side yard setback to the north and is now an 18-foot side yard setback to the north. The south side yard setback will be 15 feet which is more abutting the Bederwood park area. The neighbor submitted an email in support of the amended plan, saying it addressed their concerns asking for a larger side yard setback buffer between the two houses. The Planning Commission reviewed the presentation,held a public hearing,and discussed the proposed variances. Commissioners overall were supportive of a home being built on the lot,with Commissioners McCutcheon,Kirchner,and Gettman having concerns with the original proposed side yard setback. The vote was 4 to 3 to approve the application as proposed that night. Again,the Applicant has amended to address those neighbors' comments in front of the Council today. Staff recommends approval;the Council should review or amend the proposed draft resolution. Johnson asked if this is a 5-acre zone. Ms. Oakden answered that is correct. Johnson asked if this was a 2-acre zone what would the setbacks be. Ms. Oakden said in the 5-acre zone it is 50 feet, and in a 2-acre zone, she believes it is 30 feet. They do allow smaller side yard setbacks for narrow lots, and she believes this would be considered a narrow lot for the 2-acre zone, so it would be 10%of the lot width. The side yard setback for principal interior is 30 feet,no less than 10 feet or 10%of the lot width. Ms. Oakden believes this lot is 123 feet wide,so it would have 12-foot setbacks if it was in the RR1B zoning district;however, it is in the 5-acre RR1A zoning district, so it has 50 feet and they do not allow any narrow allowances for narrower lots in that district. Seals said her only concern, as this is in her neck of the woods and she drives by it all the time, is that none of them even knew it was a lot—they just thought it was part of the other lot that exists. It is literally right next to what will be a very busy soccer field with soccer balls being kicked at their second story windows. She thinks it is really close,but the setback is the setback,and she thinks they need to be cognizant of what they are building next to and may need to have a future conversation. She thinks they have had too many conversations with people who stated"that wasn't happening when I built[soccer games, lacrosse games, etcetera]."Seals noted it is a busy park and the goal of the City is to have the parks being used, so that would be a caution,as long as the owner of the lot is okay with that. Mayor Walsh appreciates the Applicant bringing it down and addressing the neighbors' concerns, as he was at the Planning Commission meeting. He thinks that was valid and appreciates them doing that. Crosby asked if the neighbors are present tonight. Mr. George Stickney said they had a good talk at the Planning Commission meeting and they were okay with it. Page 8 of 15