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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 17. #15-3796 A. SADOWSKI DESIGNS O/BIO MICHELE WILLIAMS-ABBOTT, 2941 CASCO POINT ROAD — AVERAGE LAKESHORE SETBACK VARIANCE — PUBLIC HEARING Curtis stated the applicant is requesting an average lakeshore setback variance to permit construction of a second story over the existing home, modifications to a portion of the existing roof to accommodate the addition, and construction of a new lakeside covered porch over an existing deck located between 38 feet and 91 feet ahead of the average lakeshore setback line. The Abbott property is situated between two lakeshore lots owned by the Browns on the north and the Swenson's on the south. The house on the Brown property is 133 feet from the lake. The Swenson home is 261 feet from the lake. The Abbott is 136 feet from the lake. The offset of the neighboring homes results in an average lakeshore setback which almost entirely separates the living space portion of the house from the garage. The Planning Commission has not reviewed this application. The applicant is requesting that the City Council waive reference of this variance application to the Planning Commission for the public hearing. A unanimous vote is required to waive the Planning Commission review. Notice has been provided of tonight's hearing. The 100 -foot offset of the neighboring homes results in the Abbott home being largely nonconforming. Any expansion in the footprint of the mass of the home requires an average lakeshore setback variance. Construction plans and annotated site photos showing the addition outline were provided. Both neighbors have submitted supportive comments and those comments have been included in the Council's packet. Additions to the home do not appear to impact the neighbors' view of the lake. Staff's analysis of the practice difficulty was provided in Staff's memo. Staff finds practical difficulties exist in the arrangement of the three properties and the relationship between the elevations of each of the homes to support granting the average Lakeshore setback variance. The Council should consider a motion to waive the Planning Commission's review of the application. The Council should open the public hearing, consider comments from the public, and direct Staff to prepare a resolution either denying or granting approval of the average lakeshore setback variance for adoption at the January 11 meeting. Levang stated she would like the Planning Commission to review this application due to the impact on the average lakeshore setback. Cornick moved, Walsh seconded, to waive review by the Planning Commission of Application No. 15-3796, A. Sadowski Designs on behalf of Michele Williams -Abbott, 2941 Casco Point Road. McMillan noted there is not a Planning Commission meeting in December and that the applicants would lose at least six weeks. McMillan stated in her view there is a real practical difficulty in this situation. Printup stated it seems to make sense to move forward with the application as quickly as possible since the neighbors are out of town and construction could be started in their absence. Sadowski stated they would like to move forward with a building permit right after this meeting so they can begin construction. Page 35 of 44