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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 8, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 25 (6. #14-3675 RYAN AND STACY ALNESS, XXX ELMWOOD AVENUE/PID 07-117-23-11-0027 – VARIANCES, Continued) Bremer indicated she would mirror the comments of the Mayor that a number of the concerns were whether the lot was buildable and what was being proposed. Bremer stated she does not see a reason or a way that the City should continue to enforce the agreement, especially given the non-contiguous nature of it. Bremer noted this is not the smallest or closest to the lakeshore lot that has been built on in the City and that the house immediate to the south is rather comparable. Bremer stated her concern relates to making sure that the average lakeshore setback line is drawn appropriately and that she is mindful of people’s rights to build a structure as well as the neighbors’ rights. Bremer pointed out adding a canopy to a dock can change someone’s view of the lake as well and that the applicants’ attorney has represented that the views of the neighbors in this situation will not be impacted to the point that they will not be able to enjoy the views. Bremer stated she takes that representation as truthful, and that if that were not the case, she would be less willing to move forward with the application. Levang sated she also is in agreement with what the Mayor has stated regarding builability and accessibility. Levang stated in her view there is a practical difficulty due to the average lakeshore setback if the line is used from the vacant lot. Levang stated having the line being drawn from a non-riparian lot to a riparian lot makes it an anomaly in her mind and adds to that practical difficulty. Printup moved, Bremer seconded, Application No. 14-2675, Ryan and Stacy Alness, XXX Elmwood Avenue, to approve the variance and direct Staff to draft an approval resolution granting the average lakeshore setback variance based on all discussions and documentation in the record. Bremer stated she would make a recommendation that the City at some point in the future look at clarifying the Code regarding using non-riparian lots in calculating the average lakeshore setback. Levang stated the Code should be clarified about using riparian to riparian lots. VOTE: Ayes 4, Nays 0. 7. #14-3678 ARCHITECTURAL LANDSCAPE DESIGN ON BEHALF OF BRET AND JENNIFER RIEMENSCHNEIDER, 835 FOREST ARMS LANE – VARIANCE This item was removed from the agenda at the request of the applicant.