10/08/2012 Council Minutes - Laserfiche WebLink

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MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,October 8,2012 7:00 o'clock p.m. (8. #12-3575 SCOTT AND MELISSA MUSGJERD,4156 HIGHWOOD ROAD, Continued) Mrs. Musgjerd indicated they also have concerns about the fire lane. If you visit the site,this lot is basically the entrance to the lake off of the fire lane. Anybody that snowmobiles or walks their dog down to the lake,has to come through this lot and basically go through that little beach area. If you go down by the shore and would like to access the lake, it is about a four foot drop down to the lake. Rahn stated the City Council does not know what the future use of that path will be and that it is conceivable that the fire lane is improved at some point. Mrs.Musgjerd stated in her view they are being penalized. McMillan stated she is not aware of this lot being used to access the lake by the public. Mrs.Musgjerd stated that was the whole point of why they came to the City and asked to work with them to make the whole area better. McMillan stated obviously people are using private property rather than the fire lane to access the lake and that perhaps that area could be blocked off by the property owner. Mattick stated he is not sure whether a fence could be erected within the 0-75 foot zone but that the City can help steer people down the right-of-way rather than on to this property. Mrs.Musgjerd sta.ted they have done everything they can to make the house compliant with the City's regulations. Musgjerd noted the new residence could be constructed in the same place as the e�cisting house but that they are attempting to benefit the neighbors by relocating it. Musgjerd stated she had hoped there would be a little bit of give and take since they have improved the lot overall. Musgjerd noted they do not have time to redesign the house and that they have spent a lot of money designing a house. McMillan commented the City Council has to follow the codes whenever possible. Mrs. Musgjerd stated there is not a big enough buildable area on the lot without some variances. Rahn noted the Council is agreeable to a 25-foot variance to the setback. Mrs. Musgjerd commented that basically the existing house will rot because no one will want to purchase it. Musgjerd stated in her view this is not a big house when you compare it with the other homes in the area. McMillan stated the City will not be able to resolve the issue tonight of people going on private property rather than the fire lane to access the lake and that tonight they are looking at the proposed house and the setbacks. The City Council can either vote on it or table the application to allow them to redesign their plans to comply with the 10-foot setback. McMillan stated they would have two weeks to redesign their plans but that she is not sure what the City can do in two weeks to resolve the fire lane issue. Rahn commented that would be a police issue. Sharratt pointed out they are not asking for resolution of the fire lane use at this time. Page 12 of 21