07-27-2020 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 shifting the property line merely shifts the burden on maintaining the slope to another property. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The applicant responds “Unknown if other property pairs may have similar lot line issue or not. The applicant argues that the conditions are the natural contours that prevented the previous owner from maintaining the area. It should be noted that the applicant owns both lots and currently has access to both lots for purposes of maintenance. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The applicant responds: “ Yes, would remove years of strife driven by owners of 1380 Rest Point road previously refused to maintain the land and allowed invasive species to flourish and invade 1386 Rest Point Road continuously. Furthermore, the natural contours of the land make it extremely difficult for owners of 1380 to maintain the property due to the steep hill.” The property owner now owns both parcels, so the “strife” referenced is moot. The adjustment of the property line now increases the slope at the property line. Further, it reduces the amount of area available for a property owner to maintain the boat house, as the setback reduces from 6 feet to 2 feet. The Planning Commission and City Council are concerned that this reduced setback could create issues between future property owners. The applicant has not provided information necessary to support the variance. This criterial is not met. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” The applicant responds “yes”. The Council finds that the reduction in area, width, and hardcover is not likely to impact the health, safety or morals. However, the reduction in setback will make it nearly impossible for the owner of 1380 Rest Point Road to maintain their building without encroachment. The applicant has not provided information to justify the variance. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The applicant again responds: “Yes, would remove years of strife driven by owners of 1380 Rest Point Road who previously refused to maintain the land and allowed invasive species to flourish and invade 1386 Rest Point Road continuously. Furthermore, the natural contours of the land make it extremely difficult for owners of 1380 Rest Point Road to maintain the property due to the steep hill.” This standard is not met. It is not clear how moving the property line alleviates a difficulty. Lastly, reducing the setback to 2 foot introduces issues down the line, as this setback virtually assures a property line dispute in the future.