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' MINUTES OF TAE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,October 8,2012 <br /> 7:00 o'clock p.m. <br /> (8. #12-3575 SCOTT AND MELISSA MUSGJERD, 4156 HIGHWOOD ROAD, Continued) <br /> McMillan asked if they would like their application tabled. <br /> David Beeker,Builder, stated he understands the concern for setting a precedent,which is why things are <br /> put in writing. The City Council has to use their best judgment on each individual application and that <br /> they would not be setting any type of precedent by granting this variance. If the application does not go <br /> through today,the other option is that someone else will buy the property and remodel the existing house. <br /> Beeker noted the garage is sitting on the fire lane and is three feet away from the house to the east. The <br /> City has an opportunity today to change that and improve the situation for the neighbors. Both neighbors <br /> are in support of the project. <br /> Beeker reiterated the Council has to take advantage of the opportunity to make things better tonight and <br /> that the applicants are not asking for very much given the small size of the house. Beeker commented <br /> they are taking the property and making it better than what exists. <br /> Bremer asked why they are opposed to a lakeward deck. <br /> Sharratt stated if it were a fairly level lot,that would be ideal,but given the topography of the lot,they <br /> would not be able to see the shoreline or yard if the deck is on the lake side of the house. <br /> Bremer commented they typically see people doing the exact opposite of what is being proposed tonight. <br /> Bremer asked if there is a reason why they proposed 12 feet as opposed to 10 feet. Bremer indicated she <br /> is basically in agreement with the rest of the application and that she would hate to see something that <br /> would be a benefit to the neighborhood go away over what appears to be a minor issue. Bremer asked <br /> what the difference is between a 12-foot deck and a 10-foot deck,especially when there are no stairs <br /> going down. <br /> Sharratt stated it is not the difference between a 12-foot deck and a 10-foot deck but rather the difference <br /> between 12 and 6.5 or 7 feet. Sharratt stated the issue with the front deck is you would look through a <br /> railing and you would not be able to see down to the yard. There will be a patio on the lower level and <br /> they would like to be able to see the kids and the lakeshore from the deck. In addition,a 7-foot deck is <br /> not functional for a table and four chairs. <br /> Bremer commented in the great majority of these cases it is her instinct that they should hold to the <br /> 10-foot setback. Bremer indicated she was hoping the applicants would have said, okay, six feet is too <br /> skinny but I could go to 10 feet, and that she would be much more supportive of that. Bremer stated the <br /> applicants have to be mindful of all the other applications that come before the City Council and that they <br /> are dealing with the concern that the City cannot anticipate what the future use of the fire lane will be. <br /> Bremer stated in her view a 10-foot setback is ideal but that she is not in favor of granting a 3.5 foot <br /> setback or a 5-foot setback and would have liked to see some type of compromise. <br /> McMillan noted if the alleyway were a house instead,they would be requesting a 10-foot setback. <br /> McMillan asked why a 35-foot setback is required. <br /> Curtis indicated it is considered a side street,which is the reason for the 35-foot setback. <br /> Page 13 of 21 <br />