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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 6, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 4 COMMUNITY DEVELOPMENT REPORT 15. LA21-000069 – Jeff Hoxie – Hoxie Homes o/b/o William & Alena Severson, 4635 Tonkaview Ln, - Variance and ROW Encroachment Alena and William Severson, Applicants, were present. Staff presented a summary packet of information. In November the Planning Commission held a public hearing and the Commissioners voted 3-2 to approve the application as submitted and encouraged the Applicant to work with the City regarding an encroachment agreement to address the non-building improvements within the right-of-way. Staff recommends denial of the application as it is proposed and suggests the Applicant redesign the project to achieve a ten-foot minimum setback from the front property line for the second story addition including any overhangs. While the existing portions of the home cannot be expanded or rebuilt, Staff recommends addressing the non-building improvements with an encroachment agreement. Ms. Severson stated they have lived in the City since 2009, have three kids, and are looking to add on to the home as it is a two-bedroom, one bathroom house. She introduced the architect Mike Eckert, noting they want to add a second story and that they moved it off the property line, removing the existing garage to add a kitchen and a new garage. Johnson asked to see the site photos on screen. Mayor Walsh noted the City Council has seen a few similar instances in the past months. In each instance the Council has told the Applicant that they cannot build in a non-conforming location; he noted a ten- foot setback is pretty standard for a house and this one is 30 feet. Johnson stated it is not the Applicant’s fault that the City allowed the home to be built in front of the setback in the 1950’s. He stated it is a primary dwelling which is different than a garage in his mind. However, it is further expansion of a non-conformity. Mayor Walsh noted with a 30-foot setback they will not get conformity, but if the Council sets that aside because of practical difficulty and asks what the standard would be on a normal lot, he could see 10 feet. He noted they are not present to redesign houses for people but should give direction to the Applicant, including an encroachment agreement. Seals noted Ms. Curtis’ note in the packet that there are other opportunities for expansion which do not further encroach toward the front property line and asked for further clarification. Curtis noted if square footage is the goal the Applicant has an area (noted on screen) to pull a footprint addition out rather than going up. Mayor Walsh said they could also say they will give the Applicant 10 feet off the property line and they cannot go closer than that. He would like to give guidance to the Applicant. Mr. Severson noted there are large shade trees in the backyard they are trying to save. Mayor Walsh replied that is not a practical difficulty.