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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 />_____________________________________________________________________________________ <br /> <br />Page 9 of 24 <br /> <br />25. LA21-000010 CHAMBERLAIN FINE CUSTOM HOMES, 133 CHEVY CHASE VARIANCE <br />– Continued <br /> <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 /> <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 /> <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 /> <br />Crosby asked what the Planning Commission’s vote was. <br /> <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 /> <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 /> <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 /> <br />Crosby said tell him about it – he lost his horseshoe driveway. <br /> <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 /> <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 /> <br />Johnson moved, Seals seconded, to deny LA 21-10, 133 Chevy Chase Variance. VOTE: Ayes 5, <br />Nays 0.