04-12-2021 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 24 25. LA21-000010 CHAMBERLAIN FINE CUSTOM HOMES, 133 CHEVY CHASE VARIANCE – Continued Walsh asked if the Applicant would like to speak. Paul Cameron from Chamberlain Fine Custom Homes approached the podium and gave a technical perspective. He is developing Crystal Bay Estates; he has 2 acre lots and 30-foot setbacks in the backyard. This is a 1/2-acre lot, and has 30 feet setbacks. It is way over-allocated from a setback; that is the ordinance and he appreciates that, but when looking at the ordinance and intent for commonality or consistency, there are 12 neighbors that say this is fine. If the purpose of the ordinance and the statement of consistency in making a harmonious neighborhood, the Council has heard from the voters what that is. Walsh stated the voters and the neighbors don’t make variances or make the rules. Whether they like it or do not like it is not what comes in to play. It has to meet the standard. Mr. Cameron asked if this is considered a non-conforming lot. By the lots and measures it is, so the home owner is being “penalized” or adversely affected. Walsh thinks every neighbor is on non-conforming lots, as well. Paul said that is correct. He looks at it from a perspective of, if it is non-conforming and the neighborhood is agreeing to it…there are other options but there are mitigating circumstances the home owner can personally speak to. Michael and Katelyn Nelson, 102 Chevy Chase Drive, clarified they currently live at 102 which is 8 houses down from 133 Chevy Chase Drive. They purchased 133 the past fall with the intentions of doing a remodel and making a forever home in Orono. They absolutely love it here and noted the other proposed option on the east side would be basically sitting on top of the neighbor’s driveway, and he knows she would not be in support of that. The other proposed location right in the middle is where the kitchen currently sits and the fridge and stove top are there; there is literally no way to enter the house right there. Mr. Nelson said they are in the design phases of a remodel and do not have unlimited funds to move everything around but have some ideas of what they would like to do. The main reason they keep coming back to this location is for the safety of their two young children. They would love to be able to sit back there and watch the kids in the backyard as they play. Their youngest daughter has a skin condition that does not allow her to be in the sun and they want her to be in an outdoor environment while her sister and hopefully future children play in the backyard. The Nelsons would love for her to be involved in that as well. Ms. Nelson said the biggest issue in putting it in the middle is that it divides the backyard which in effect creates a lot of insecurity and lack of safety because they cannot watch the entire yard from each way. She noted there was a lot of really good discussion at the Planning Commission meeting. The other piece about putting it there is it backs up in to a pretty steep hill where there is no visibility from the Country Club, which they also learned has encroached on setbacks over time. She noted it is really hidden if it were built as proposed, it goes into the back lot and provides safety so they can monitor the usage in the backyard. All of the neighbors have supported this knowing what the Nelsons are trying to do and build a forever home.