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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,March 8,2021 <br /> 6:00 o'clock p.m. <br /> 25. LA21-000010 CHAMBERLAIN FINE CUSTOM HOMES, 133 CHEVY CHASE VARIANCE <br /> —Continued <br /> Mr.Nelson said from those pictures the Council can see there is about 70 feet of woods between their <br /> house and the Country Club and would not be visible from the golf path, and there is also a hill. He noted <br /> again on the east side it would be almost on top of the neighbor's property and he probably would not <br /> even build it there as they would not get any utility out of it by not being in the backyard and watching <br /> their children play. <br /> Printup stated this is one of those tough ones that looks,views, seems reasonable,but then the 12 <br /> neighbors that love the idea are going to be doing the same thing and asking for variances for building <br /> and the Council does not usually step into that. <br /> Walsh thinks people must know what they are buying,what the rules are,and if there are things they can <br /> do and can put in other places. He thinks Staff has come to the conclusion that it has not met the practical <br /> difficulty standard which is what the Council must follow. He appreciates all the neighbors wanting it, <br /> everyone wants things to be better in the community and they always want to see people upgrading their <br /> houses. <br /> Crosby asked what the Planning Commission's vote was. <br /> Oakden replied it was 6 to 1 in favor of the variance. <br /> Crosby is pulled both ways on this. He understands the mom's concerns about the division of the <br /> property in viewing the children and that would concern him as it makes sense to be able to look outside <br /> and view the entire back yard. He is also torn because Printup's point is correct,if they grant the <br /> variance, everyone else wants to go farther back into the setback and they have established a bad <br /> precedent. <br /> Walsh remembers an application from Crystal Bay Road where a woman wanted to add a little bump out <br /> in the back because she needed her washer and dryer inside but could not see her kids. Again, it is not the <br /> Council's job to design what is safe or not safe...they cannot even distinguish what that is. <br /> Seals is also torn. She goes back to when someone buys a house,they buy it as is. She looks at her own <br /> lot and wonders why did they build the house where they did—if they had shifted it a certain way,she <br /> would have so much more freedom. She must stick to the rules that come with the land. <br /> Crosby said tell him about it—he lost his horseshoe driveway. <br /> Seals said not all lots in Orono are built the same, it is unfortunate,but it is what it is. She thinks of some <br /> lots really have practical difficulties but unfortunately this one does not meet that muster. <br /> Johnson is not really torn on it,because they see these and when people go out,the Council says no. It is <br /> a good plan,it is a compelling argument the Applicant is making,but those are not relevant to the <br /> decision as far as he sees it. They must meet the practical difficulty standard,which they do not. <br /> Therefore,the Council cannot approve it,not because they do not think it is a good idea or plan. <br /> Johnson moved,Seals seconded,to deny LA 21-10, 133 Chevy Chase Variance. VOTE: Ayes 5, <br /> Nays 0. <br /> Page 9 of 24 <br />