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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) Munson stated in his view the six-foot variance was reasonable. Sansevere stated in this situation the adjoining property owner has an issue with the encroachment and that the average lakeshore setback is designed to protect the views of the neighbors. Munson stated given the row of trees,the adjoining property owner would not see his new house. Murphy inquired whether Mr. Wagener was shown the revised plans. Munson stated he did show his plans to Mr. Wagener and erected the posts as requested by Mr. Wagener. Peter Johnson stated shortly after the last meeting Mr.Wagener and the applicant did have a conversation at the site. The applicant was requested to erect two poles demonstrating the proposed height of the new structure. Mr. Wagener's architect reviewed the revised drawings and came to the conclusion that the top of the parapet is now at 967', which is six feet higher than what was originally proposed. Johnson stated in March it was their understanding that the elevation from top of the first floor to the top of the parapet was 32 feet. Munson stated the plans are not to scale. Johnson stated they do have an interest in determining the elevation of the residence, and at the beginning of the discussions Mr. Wagener told the applicant he would not object if the encroachment remained the same as what currently exists,which is a one-story dwelling in that location. Mr. Wagener has also told the applicant that he would be willing to remove some of those trees that are adjacent to the lot line. Sansevere inquired whether that is still the intent of Mr. Wagener. Mr.Wagener stated he is willing to remove approximately 30 feet of some six-foot tall bushes. Sansevere inquired how the proposed home fits in with the character of the neighborhood. Gaffron stated he does not feel the home is out of character with the neighborhood and that the main issue is the impact to the neighbor's view. Sansevere reiterated he would not be in favor of the encroachment. McMillan stated she does not see the neighbor's trees as constituting a hardship and that she would not be in support of the variance. Murphy inquired which plans are not to scale. Munson stated he does not know which plan Mr. Wagener was using to measure from but that it is his understanding the City allows 32 feet. Gaffron stated the proposed residence is a two-story house and the City allows two and a half stories. Gaffron stated they measure from the existing grade,which is approximately 938' at the far corner, and • PAGE 6 of 10