01-19-2021 Planning Commission Packet

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Orono City Mayor Dennis Walsh Orono City Council Members October 26, 2020 Page 9 Second, granting variances in order to enable the construction of the proposed subdivision would "adversely affect the purpose and intent" of the Zoning Regulations and harm "the health [and] welfare of the public." (Sec. 78-121). Rather than being mindful of the "maintenance of open space and the avoidance of overcrowding of land," as the Zoning Regulations intended, this subdivision and its variances seek to prematurely overdevelop the Jacobs Family Trust. (Sec. 78- 5(a)(5)). The Jacobs Family Trust hopes to sidestep the need for individual lot variances through the creation and use of arbitrary ALS lines and blanket plat approval. Doubtless, this has something to do with the challenge of meeting the "practical difficulties"test of a variance or changing an ALS ordinance. But the reality is, the Jacobs Property is not unique; there are no practical difficulties to its development. The property can reasonably be developed at a lower density and meet all current codes. The Jacobs Family Trust desires to place more homes on the property is to obtain a better return for themselves. But this comes at the expense of the adjoining neighbors who have reasonably relied on the protections of the ALS for decades and to the potential detriment of the health, safety and welfare of the residents in the area. As stated by the City's own Ordinances, economic considerations alone do not constitute practical difficulties for compromising the rights of adjoining property owners. Lots 2, 3 The City admits that proposed non-lakeshore lots 2 and 3 currently violate the established ALS and require a variance. Further, even as platted, these lots are non-compliant with code until combined with the outlots south of Shoreline Drive. (See the recording of the City Council Meeting dated September 14, 2020 at approximately the 43:20-44:00 mark.) Lot 6 The City proposes to establish an ALS line for lot 6 based on yet unbuilt lot 3 of Tanager Estates and 1125 Millston Road. However, because lot 3 is unbuilt, the current ALS for Lot 6 is equal to the setback distance of 1125 Millston Road from Tanager Lake, which would limit the ability to build on lot 6 of the prosed Jacobs Subdivision. This realignment of the ALS by the City makes lot 6 a buildable site, likely avoiding the need for yet another variance. (See the recording of the City Planning Commission Meeting dated August 17, 2020 at approximately the 2:12:00 mark.) The problem with the northeast corner of the Jacobs property is that it is not buildable. As will be discussed at the City Council meeting this evening, proposed ALS Line B for the seven lot development is the wrong ALS line and uses the wrong endpoint on the Burwell property. The home shown in Lot 6 cannot be built for these reasons. 9 6573570v1