11-14-1988 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO COUNCIL MEETING OF NOVEMBER 14, 1988 ZONING FILE #1329- MCNELLIS CONTINUED small portion of land from the neighboring property, he would not require the front setback variance. Acting Mayor Peterson asked Mr. McNellis how he felt about the lot line rearrangement. Mr. McNellis stated that if it was the only solution to the problem, he would not object. He went on to say that placing the house in any other way within the building envelope would greatly affect the drainage and consequently the wetlands. He said that only 9% of the lot was buildable. The proposed location for the house would have the least impact on the mature stand of sugar maples on the property. Mr. McNellis explained how the house would "notch into" the hill on the property. By turning the house, he would not be able to take advantage of a flat location that would aid in moving drainage water into the wetlands. The, present proposal would allow for maximum preservation of the natural resources on the lot. Acting Mayor Peterson inquired as to Mr. McNellis's knowledge of the buildability of the lot at the time it was purchased. Mr. McNellis stated that the covenants and restrictions were quite lengthy. 'He added that Orono was one of • the few cities that required 26' from the easement line of the wetland. He was not aware of that requirement at the time he purchased the lot. Assistant Planning and Zoning Administrator Gaffron explained that, in his opinion, the easement line was determined arbitrarily. He added that no two topographical maps are identical and it was possible that the map used to determine the wetland easement had varying alignments from other maps on file for this subdivision. Acting Mayor Peterson asked Mr. McNellis to define his hardship for the variances. Mr. McNellis explained that they included topography, the drainage easement and the particular location of a culvert on the property. When the building envelope was determined, the culvert had not been discovered. Peterson felt that it was difficult to approve a variance for a piece of property that was recently platted. She added that it was the front' yard setback variance that was the problem, not the encroachment into the wetlands. Peterson asked if there was anything that could be done with the design of the house to alleviate the need for the front yard setback variance. Mr. Dickey explained that the house would fit within the building envelope if it were turned. However, turning it would create a negative impact upon the wetlands. Councilmember Goetten expressed her priority to be preservation of the wetlands, as opposed to concern for the front setback. • Assistant Planning and Zoning Administrator Gaffron showed the various surveys and where the wetland easement was on each. Gaffron added that when a wetland boundary line was determined with an easement line, that line would be used for measuring to