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To: <br />Prom: <br />Date: <br />Mayor Grabek <br />Orono Council Members <br />City Administrator Bernhardson <br />Michael P. Gaffron, Assistant Planning & Zoning Administrator <br />June 2, 1987 <br />Subject: #1056 Olai Hanson, 1390 Railroad Avenue - <br />Variance - Request for Reconsideration of Tabling of 9/8/86 <br />Application: Side setback variance to construct a detached garage. <br />List of Exhibits <br />Exhibit A - Request From Applicant's Attorney 3/12/87 <br />Exhibit B - Council Minutes of 9/8/86 <br />Exhibit C - Memo & Exhibits of 9/5/86 <br />At Issue: Mrs. Francis Golden, neighbor adjacent to the affected side lot <br />line, disputes lot line location and opposes variance due to location <br />of garden near lot line that would lose benefit of sunlight. <br />Prior Council Action: Council tabled this request on 9/8/86 until <br />applicant and neighbor resolve lot line dispute. <br />Current Request: Applicant's attorney requests City Council to reconsider <br />tabling action and give applicant direction whether the variance would <br />be granted under the most restrictive possible lot line outcome (if <br />variance would ultimately be denied regardless, they might not pursue <br />litigation with neighbor to resolve lot line). <br />Pertinent Pacts: <br />Lot line dispute overlap; 2.9' (2'11") <br />Required side setback: 10' <br />Proposed setback based on applicant's survey: 6'9" <br />Proposed setback based on Golden's survey; 3'10" <br />Proposed N.E. garage corner (applicant's survey): 9'4" <br />Proposed N.E. garage corner (Golden's survey): 6'5" <br />Applicant's Stated Hardships: <br />1) Moving garage to meet 10' setback will create a problem <br />maneuvering car into garage due to proximity to house. A backup apron <br />between house and garage is feasible to make maneuvering easier (this <br />hardship was considered by Planning Commission xn their review). <br />2) The location of the former septic tanks and drainfield limits the <br />south and east extent of the garage slab or foundation because of the <br />disturbed soil, according to the applicant. This has not been <br />verified by an engineer. (This information was not brought up by <br />applicant until after the Planning Commission review.)