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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, October 12, 2015 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 28 of 37 <br /> <br />13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO <br />CIRCLE, VARIANCES (continued) <br /> <br />Gustafson stated the original stake was placed there as a result of them measuring off the existing home <br />on the survey and that it was fairly accurate. Gustafson stated the survey has not changed at all and the <br />only change is bringing the home back a foot and a half further back from what was originally discussed. <br />Gustafson stated he would argue the stake was within a few inches of where Mr. Gronberg put the stake. <br /> <br />Gustafson stated the proposed home is four-tenths of a foot higher than the current home and that the <br />bottom line of what they are trying to do is preserve views of the lake and avoid a view of the side or back <br />of the fireplace that was illegally built. <br /> <br />Walsh stated what is ironic in this situation is that in his view there are neighbors that are figuring out <br />what variances the Council should approve. Walsh noted the existing residence will be torn down and <br />that this will be a blank sheet. Walsh stated when there is a blank sheet, the applicants should not need <br />any variances. <br /> <br />Walsh stated the parties are saying a bunch of different things that are moot and it comes down to whether <br />it is a practical difficulty. Walsh stated he visited the property today, walked in the area of the stakes, and <br />in his view the fireplace is not a big deal. Walsh stated the fireplace does not impact the lake view and <br />that there should not be a variance for that at all. <br /> <br />Gustafson stated they were trying to get the neighbors on board with what they are requesting. Gustafson <br />stated they were trying to come in unified with the neighbors and that they were not trying to make <br />decisions for the City Council. <br /> <br />Walsh stated in his view there should not be a variance at all regardless of what the neighbors agree to <br />since there is not a practical difficulty. Walsh stated if the house next to this house gets torn down 15 <br />years from now, they will be arguing to be closer to the lake if the variance is granted. <br /> <br />Gustafson stated the fireplace should not have been constructed there. <br /> <br />Walsh stated in his view that is a moot point and that it does not appear to be in the way of any view of <br />the lake. <br /> <br />McMillan stated the neighbors can negotiate amongst themselves all they want but that the Council is the <br />one who determines whether there is a practical difficulty. McMillan stated determining whether there is <br />a practical difficulty is a major part of deciding whether a variance should be granted. <br /> <br />Mattick stated if the Council finds there is a practical difficulty with the fireplace, they should grant the <br />variance. Mattick stated in his view the Council has discussed the relevant points. <br /> <br />Levang stated in her view there is not a practical difficulty and that the Council stands very firm on the <br />average lakeshore setback. Levang indicated she is not willing to approve that variance but that she is <br />fine with the lot area and lot width variances. <br /> <br />Printup indicated he is in agreement.