07-27-2020 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 19 right away. They did not get the house until September. He did not talk about changing the property line until later. He stated he did a review of approvals by the Council for variances in regards to lot width and side yard/rear yard setbacks. From what he found, the City tends to have a somewhat liberal policy of approving these if things seem appropriate. He is trying to say that, given the contours of the land, that is what they have. They have a house two doors down which is definitely going to change the character of the neighborhood, and that party was allowed two rear yard setbacks. He is asking to move the line to solve problems and put it where it should have been years ago. Mr. Kahler Nygard, 511 Mercy Drive, Fraser, Colorado, said he maintains the property in the summer. He stated where Mr. Nygard wants to put the property line is where the steepness starts to drop off and it makes perfect sense as far as maintaining the property. It is much safer to push a lawnmower up a hill than it is down a hill. He knows safety is part of the regulation that cities are afforded, and he asked the Council to take into consideration safety when figuring out the best way to maintain it, as far as 1380 or 1386. He said 1386 should be the property that maintains the steep part of the hill. Walsh noted both properties are over the hardcover so massaging one or the other does not make that big of a difference to him. As far as the boathouse, when someone is making a non-conforming use worse, he has a problem. Less than six feet is creating a bigger, long-term problem for anybody who is going to maintain the side of the boathouse, let alone the 1-2 feet that is being proposed. Six feet allows the owner to walk around the boathouse without any trespassing issues while maintaining it. Crosby asked if there would be a mowing safety issue by moving the line. Johnson said it comes down to the City Council’s stance about lot line rearrangements. The area could be planted with things that don’t require mowing. Many people in Orono have created solutions for difficult terrain; how people plant and maintain an area is a freedom they have. The Council has seen many times lawful, non-confirming issues such as recently when an Applicant wanted to move his boathouse on the other side of the property and th e Council said no because it is a lawful, non-conformance currently and it has to stay there. He stated everyone should be treated equally. He is not aware of an instance where the Council, in regards to a lot line rearrangement, gave approval to make a situation non-conforming. If the Applicant wanted to remove part of the boathouse to make it conforming, that would be a different situation. He would not want to mess around with a boathouse; they are a real privilege to have and you cannot get another one. He would not support a lot line rearrangement that creates non-conformance. Crosby stated the only thing that would make it conforming would be to get rid of the boathouse. Walsh noted designing is not in the City’s purview. Johnson indicated neither property meets the 25% hardcover, so working with somebody to move the boathouse, if it was not creating or maintaining a non-conformity, is a different issue. Walsh noted the Council is either approving or not approving the application in front of the Council. Seals moved, Crosby seconded, to deny LA20-000024 for 1380 Rest Point Road, Lot Area, Lot Width, Hardcover, and Side Yard Setback Variances. VOTE: Ayes 4, Nays 0.