03-08-2021 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 2 Barnhart said they might, but thinks they are marginally different than what was originally anticipated. He noted anyone could come forward with a variance but the practical difficulty is a little harder to prove in those situations. Based on the facts in looking at this one, the tributary is unique and they do not see a lot of those in a side yard situation. McCutcheon also mentioned the depth of the lot requires a relatively limited portion of the lot for development. Brad Barinsky, the owner of 1825 Lakeside Trail, approached the podium. He said Barnhart did a good job explaining the situation and some of the history and he thinks some may have been on the Planning Commission for the Willow Bay development approval. He is here for any questions and said regarding Bollis’ questions about Lot 5 or 1875 Lakeside Trail, they do have a survey that also shows that lot now is unbuildable without an ALS variance. Approval of Mr. Barinsky’s house position would make the code work for that lot as the line could be drawn directly across the property. It would be the same if a house was on another lot (noted on screen), the line could be drawn across Mr. Barinsky’s property connecting it to 770 and he would not be before the Planning Commission this evening. He noted there are a lot of moving parts, it is a really beautiful property and when he bought it he knew that was the area he would have to build the house in. He was not anticipating going any closer to the lake but just tried to readjust the history and draw the line across the properties based on the current situations of the neighbors next door. His house is actually 360 feet away from the lakeshore on his property, it is how they apply the code, the lakeshore meanders around the corner, and the line is drawn from 343 feet that goes to the neighboring property. Chair Ressler opened the public hearing at 7:06 p.m. Chair Ressler closed the public hearing at 7:06 p.m. Ressler’s initial observations are the Planning Commission has been flexible in situations where the ALS is bringing the difficulty partly because of the other properties and vacant lot next door. He thinks the Applicant is doing what he can with what he has, which is hard to say when one is sitting 300 feet away from the lakeshore as it is. From what Ressler is seeing, and historically the Planning Commission has been generally flexible in situations like this one, he agrees with Staff’s recommendation. Gettman agrees with that. Gettman moved, Kirchner seconded, to approve LA21-000008, 1825 Lakeside Trail as proposed. VOTE: Ayes 7, Nays 0.