09-08-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 8, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 25 (6. #14-3675 RYAN AND STACY ALNESS, XXX ELMWOOD AVENUE/PID 07-117-23-11-0027 – VARIANCES, Continued) Printup stated in his view extinguishment of the Special Lot Combination Agreement should guide the City Council. Printup stated the question is why have the conversation on the variance if the Council is not willing to terminate the agreement. McMillan stated if the applicant is fine with that scenario, that is okay, but the risk is that the applicants will lose the ability to have a dock on that lot if the variance does not get approved. McMillan stated some of the agreement was situational at the time it was entered into and that it has caused a lot of difficulties. McMillan noted there is another 50-foot lot just to the north and that she does not have a problem with the motion. VOTE: Ayes 4, Nays 0. Bremer stated her first question is regarding the proper lot to measure the average lakeshore setback from and that she would like to hear more about the appropriateness of using the lot that is to the north. Bremer noted the City has done different lines based on different locations of houses, but that this is a relatively unique situation since the lot next to the subject lot is vacant. Bremer asked if those lots are not legally combined, is there a rational conclusion that that is truly an empty lot. Mattick stated if Lot 6 had been built on, the determination of the average lakeshore setback line would be easy. Mattick stated one thing that the applicants’ attorney has suggested is using the next lot over to the north. Mattick stated it is his understanding the City has never done that and that the City’s code says you use the next adjacent lot that has a home on it. If the City were to do that in this situation, the Alness home would be behind the average lakeshore setback and a variance would not be required, which is in some respect what the applicants’ attorney has stated. Staff has determined that it should be the neighboring lot, and if you draw the line to the non-riparian lot, a significant portion of the buildability for the lot is eliminated and creates an extreme setback for the Alness lot. McMillan stated she would like to talk about the buildability of the lot as it relates to the minimum lot size. Mattick stated the neighbors’ attorney has pointed out the state statute which talks about a single lot that may be developed says you can do that without lot area and lot width being a factor, which makes it become buildable at that point. Mattick stated the City has seen this scenario not necessarily with a single lot situation but with a multiple lot situation, which has a different standard under the state statute. Mattick stated he agree the statute states that the lot is buildable without a lot width or lot area variance, which is the reason why there is only a request for an average lakeshore setback variance. McMillan stated her question was on the buildability and accessibility issues when this application was before the City Council last fall. McMillan stated her other concern with the application was whether what would be proposed would also meet hardcover, structural coverages, and resolve the drainage issues. McMillan stated based on what is being proposed, it appears that a lot of that now conforms to the requirements.