09-08-2008 Council Minutes - Laserfiche WebLink

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4-- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 8, 2008 7:00 o'clock p.m. - • (4. #08 -3370 BARB AND KEVINDULIN WITH J. SVEN GUSTAFSON OF STONEWOOD, LLC, 1785 CONCORDL4 STREET, Continued) Gustafson noted their proposal does balance the amount of floodplain located on the site. McMillan asked whether the drainage problem is a function of the floodplain, 'an ice ridge, or runoff from the neighboring properties. Gustafson stated it is a combination of all three. Turner commented in her view the majority of the drainage problem results from the ice ridge. Dulin stated they do not have rip -rap but rather a sea wall that has been undercut by the ice and wind over the past 60 years. The adjoining neighbor remodeled their property a few years back, which has also resulted in some additional runoff on their site and has left that portion of the property virtually unusable. Gustafson noted the lowest level of the house is located below the floodplain and that it is their understanding they cannot remodel the structure. The mechanicals are located in the crawl space at the present time, which would require a somewhat larger structure to accommodate the mechanicals on the main level. Dulin displayed photographs of the flooding they are currently experiencing on their property and stated • they would-like to take the appropriate steps to address that issue. One further issue relating to the property is a sewer easement that is located on the property. They are placing the house as close to the easement as possible. Gustafson noted they would be relocating the easement over the sewer line. The hardship with the sewer easement forces them to locate the house closer to the lake. Dulin stated as a result of these different issues; they are forced into a smaller buildable area. If the sewer line did not cross their property, they would be able to construct their residence in a different location. The property does have a history of variances being granted in an attempt to address some of these issues but they have not been addressed in totality. In 1988, additional hardcover was added in the 0 -75 as well as approximately 1000 square feet in the 75 -250 foot zone, which he is now attempting to undo. At that time the Council found that the conditions existing on this property are peculiar to it and do not generally apply to other property in this zoning district. The granting of the variance would not adversely affect traffic conditions, light, air, nor pose a fire hazard or danger to neighbors' properties and does not merely serve as a convenience to the applicant but is necessary to alleviate the demonstrable hardship or difficulty as necessary to preserve the substantial property right of the applicant and keep within the spirit of the zoning code of the city. Dulin stated those.past variances have actually made his request more difficult. Dulin requested the City Council approve their application, which would allow them to resolve most of the nonconformities except for the hardcover. Dulin noted the property has not been improved since 1992 and that they are attempting with this project to relocate their master bedroom and mechanicals on the main floor. Dulin requested the Council grant their variances to enable them to reside in this property as they age. Gustafson displayed the proposed layout of the structure on the property. PAGE 4 of 12 •