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 KEVINAND JULIE FITZPATRICK, 356 WESTLAKE STREET, Continued) Gaffron reiterated that over the past 29 years the City has granted similar variances many many times for new construction on lots this size, such as on Casco Point. He cautioned the Council that denying this application would be a fairly significant change of policy than what they have used over the past 30 years and urged them to carefully consider the ramifications of approving or not approving this application. Kempf pointed out that the costs associated with the requirement that an applicant hold onto a piece of property until they can obtain additional land is unrealistic. Nor is it realistic to assume that anyone would build a new home on the site the same size as the current home in today's economy. McMillan noted that the structural coverage restriction and hardcover limitations are literally taken out of play in this application due to the horizontal nature of the lot. Mr. Fitzpatrick thanked City Staff representatives Tom Kellogg and Planner Gundlach for their efforts in his application process. He stated that through extensive research and redesign efforts with the City they have determined that precedence does exist within the City to support the variance requests he has made for his 50' lot. He explained that they have worked very hard to comply with all of the codes possible within the Community Management Plan but still need lot area, lot width, and side yard setback variances. Fitzpatrick pointed out that there are three 50' lots within this area on Westlake Street, none of which comply with the 2 -acre zoning district. • Fitzpatrick indicated that prior to closing on the property; two neighbors did approach him to dissuade him from purchasing the property and informed him of their plans to develop their parcels. While he was aware that one of them had made an offer on the property, he chose to proceed with the purchase and thanked the neighbors for their candor on the matter. Fitzpatrick stated that he was aware of the neighbors' conditions and concerns, and wished to help contain the scope of the discussion this evening, as he recognized the Council would have many positions to examine and consider. • Michael Cronin, 8809 West Bush Lake Road, representative of the Shields and Ericksons, distributed a list of 8 additional variance conditions they wished to see put upon the applicant in order for the neighbors to support the application. He indicated that they were of the position that the home was too tall, too massive, and did not adhere to the zoning code. While he recognized that precedent did exist to support the applicant, Cronen stated that the neighbors would support the variance only if the Council put the 8 stipulations upon the application that they've suggested. According to the neighbors' documents, the 8 conditions they would require included a 12' setback to the south; elimination of the accessory structures; review of the exterior materials proposed for the south side of the structure; no south facing windows more than 20' above grade on the home and 10' on the garage; replacement of overhead utilities and power poles with underground utility service, removal of all buckthorn prior to construction; a deeded 10' westerly parcel to expand the width of the street; and new standard drainage and utility easements. Murphy questioned the significance of the dormers within the roofline. PAGE 7of13