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• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 27,2006 7:00 o'clock p.m. (5. #05-3135 ALLEN MUNSON, 3165 NORTH SHORE DRIVE, Continued) The revised proposed residence has a flat roof with a parapet. The top of the parapet is about 30 feet above the existing lakeside grade. The prior plan showed a 27-foot height on the lakeside. The new plan meets the City's height limits. The portion of the house within the average lakeshore setback consists of two stories and is a six-foot encroachment. The City Engineer has not had an opportunity to review the revised plans. Staff recommends approval of the fill CUP, subject to confirmation by the City Engineer that the grading and drainage plan is acceptable. The applicant is proposing to bring in approximately 2350 cubic yards and will be placed on the landward side of the house. Council should review with the applicant the basis for not meeting a 5-foot fill setback. Sansevere inquired whether the house could be pushed back six feet and still keep the same footprint. Gaffron stated the location of the house probably relates to topography and the view of the lake. Munson stated the further back from the lakeshore you go, due to the tree line,the side lakeshore view is lost. Sansevere commented the fill issue is not a major issue,but inquired whether Mr.Wagener's view would be impacted by the encroachment. Wagener stated he has met with the applicant three different times,with a request being made of the applicant to set corner posts,which was completed, and his surveyor marked the elevations of the proposed house. Wagener stated the Mandel house pushed the average lakeshore setback closer to the lake. Wagner stated he would like to see a house that is similar to the existing house,which is more a low-profile structure. Sansevere stated the applicant is not excessive on the height but that he does have a concern with the six feet encroachment being proposed. Sansevere commented the City Council generally listens to the comments of the neighbors when attempting to reach a decision on a variance request and that the City Council encourages the neighbors to work together to reach a workable solution. Munson stated he has attempted to contact Wagener numerous times but has been unable to reach him personally. Sansevere stated he is not supportive of the encroachment if it impacts a neighbor's view of the lake. Munson stated there are two extremes,with the house to the north being located 75 feet from the lakeshore and the other house being located 300 and some feet back from the lakeshore. Murphy stated the average lakeshore setback is one of the more stringently enforced ordinances of the City. Murphy questioned whether the applicant feels it is okay to encroach into the lakeshore setback due to the trees and still be okay with locating his house in a position that would impact the neighbor's view. Murphy stated he does not see a hardship in this situation to grant the variance. PAGE 4 of 10