09-27-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. ( *7. #04 -3051 KEVIN AND JULIE FITZPATRICK, 356 WESTLAKE STREET, Continued) While Gundlach pointed out that two neighbors, the Shields and the Ericksons, had submitted letters as to why they would object to the application, staff felt this applicant's request was within his rights. In addition, Gundlach was pleased to note that the applicant was addressing the engineering issues prior to construction. Sansevere questioned why Planning Commissioner Jurgens did not find a hardship to support the application. Commissioner Kempf stated that he believed Jurgens felt that lot size was not sufficient hardship. Sansevere questioned whether the applicant's request was consistent with what had been granted in the past. Gaffron confirmed that most 50' lots requesting variances in the 1 -acre or 2 -acre zone have been approved over the years, stating that it would not be unusual for the City to grant this request as it would be similar to those granted on Eastlake Street. Murphy asked why the neighborhood was zoned 2 -acre minimum. • Gaffron summarized the fact that, while the area was platted into 50' lots in 1912, the Orono zoning districts were not put in effect until the 1950's, with the entire City undergoing rezoning in 1975. He maintained that no standards for setbacks existed when these homes were first built; . therefore, smaller lots do exist within the 2 -acre zones that don't fit the new zoning limitations. Murphy questioned how the Council could enforce the 2 -acre standard on a lot this size. He believed a small house should be built on this small lot, that the house was too tall, and that there was inadequate hardship to support the request. Mr. Fitzpatrick pointed out that the home met the new height requirements passed just this evening by the City Council. He shared the side elevations for Council review to support this position. Gaffron maintained that homesites similar to this scenario exist in several locations throughout Orono, including Eastlake Street, Baldur Park Road, and Highwood. White added that Casco Point also has similar building situations; however, none have out buildings. Sansevere indicated that he believed it rare that the Council has used the size of the lot as a hardship. Attorney Barrett stated that, while the lot is too small for its zoning, past practices have not denied people the ability to build on a lot this size, especially when there is a house that currently exists on the property. LJ PAGE 6 of 13