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11-28-1988 Council Packet
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11-28-1988 Council Packet
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MINUTES OF THE ORONO COUNCIL MEETING OF NCVF14BER 14, 1988 <br />ZONING FILE 11329-MCNELLIS CONTINUED <br />small portion of land from the neighboring property, he would not <br />require the front setback variance. <br />Acting Mayor Peterson asked Mr. McNellis how he felt about <br />the lot line rearranaement. Mr. McNellis stated that if it was <br />the only solution to she problem, he would not object. He went <br />on to say that placing the house in any other way within the <br />building envelope would greatly affect the drainage and <br />consequently the wetlands. He said that only 9% of the lot was <br />buildable. The proposed location for the house would ha•. a the <br />least impact on the mature stand of sugar maDles on the property. <br />Mr. McNellis explained how the house would "notch into" the hill <br />on the property. By turning the house, he would not- be able to <br />take advantage of a flat location that would aid in moving <br />drainage water into the wetlands. The present proposal would <br />allow for maximum preservation of the natural resources on the <br />lot. <br />Acting Mayor Peterson inquired as to Mr. McNel lis's <br />knowledge of the buildahility of the lot at the time it was <br />purchased. Mr. McNellis stated that the covenants and <br />restrictions were quite lengthy. He added that Orono was one of <br />the few cities that required 26' from the easement line of the <br />wetland. He was not aware of that reauirement a- the time he <br />purchased the lot. Assistant Planning and Zoninq Administrator <br />Gaffron explained that, in his opinion, the easement line was <br />determined arbitrarily. He added that no two topographical maps <br />are identical and it was possible that the map used to determine <br />the w• -land easement had varying alignments from other maps on <br />file or this subdivision. <br />Act.inq Mayor Peterson asked Mr. McNellis to define his <br />hardship fcr the ^arianc-es. Mr. McNellis explained that they <br />includes topography, the drainage easement and the particular <br />location of a culvert on the property. When the building <br />envelope was determined, the culvert had not been discoverers. <br />Peterson felt that it was difficult to approve a variance for a <br />piece of property that was recently platted. She added that it <br />was the front yard setback variance that was the problem, not the <br />encroachment into the wetlands. Peterson asked if there was <br />anything that. could be done with the design of the house to <br />alleviate the need for the front yard setback variance. Mr. <br />Dickey explained that *he house •,.+ou l i fit within the Nui llina <br />envelope if it were turned. However, turning it would create a <br />ne(lat i ve impact upon t he wet lan :s. Ccunci lmember Goetl en <br />expressed her priority to be ereservation of the wetlands, as <br />opposed to concern for the front setback. <br />Assistant Planninq anti Zoninq Administrator Gaffron showed <br />the variou,i -;iveys and where *he wet land easement was on each. <br />Gaffron adder; -hat when a wet land boundary line was determined <br />with an easemer * line, that 1 irN «ou lA be 1.,sed for measuring • o <br />
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