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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, July 10, 2006 <br />7:00 o'clock p.m. <br />U <br />( #06 -3204 CHAD LINDBLOOM, CONTINUED) <br />than through streets and that connecting the two cul -de -sacs would be devastating to the neighborhood <br />and detrimental to the neighbors. <br />Kahler encouraged the Council consider the reality and logic of the situation rather than just the principal. <br />Kahler noted the Council was not asked to vacate the easement and that the Council should, in <br />considering the application of the setback rules, conclude that the road should never be built. <br />Sansevere stated the applicants are asking the City to essentially view the outlot as their property and that <br />it is the City's practice not to allow that. Sansevere stated other residents have asked the Council to <br />consider outlots as their property and that those applications have been denied. <br />Kahler stated the Council still should consider the logic of the situation. <br />McMillan stated the City is not looking at connecting those roads at this time but that they do not know <br />will what happen in the future. McMillan stated they have to respect the code governing that outlot. <br />Sansevere stated if there was a legitimate hardship, the outlot would not need to be discussed. <br />Lindbloom stated unique characteristics of the land should be considered and the fact that there is no <br />other location for the building. • <br />Jurgens indicated he was the dissenting vote on this application and that he did not see a hardship for <br />granting the encroachment. Jurgens stated the consensus was that the structure was not a detriment to the <br />neighbors. <br />Lindbloom reiterated this is the most logical place for the building and that the plans were made not <br />knowing about the easement. <br />Julie Lindbloom inquired whether they would need to demonstrate a hardship if they request a 30 -foot <br />setback. <br />Sansevere stated they would need to demonstrate a hardship and that he does not feel it is appropriate to <br />use the outlot as their property in determining setbacks. <br />Lindbloom commented it is very unlikely that the outlot would be used for anything. <br />Julie Lindbloom stated the outlot belongs to the homeowners association. <br />Lindbloom inquired whether a side setback has ever been denied. <br />Gaffron stated he would have to research that and that he does not recall any at this time in the two -acre <br />zone. <br />• <br />PAGE 18 <br />