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 6 of 25 (5. 2015 PRELIMINARY BUDGET INFORMATION, Continued) McMillan noted the budget information will be available on the City’s website and that the City Council will be voting on the preliminary budget at the September 22 meeting. The City Council took no formal action on this item. PLANNING COMMISSION COMMENTS – BRUCE LEMKE, REPRESENTATIVE Lemke stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 6. #14-3675 RYAN AND STACY ALNESS, XXX ELMWOOD AVENUE/PID 07-117-23-11- 0027 – VARIANCES Gaffron stated the applicants are requesting an average lakeshore setback variance in order to construct a residence on the property. The applicants originally applied for a height variance but have since withdrawn that portion of that application. Gaffron noted the Planning Commission has reviewed this application and has voted 6 to 0 to recommend denial of the average lakeshore setback variance. The reasons for the denial recommendation included the lack of a demonstrated practical difficulty, the history of past denials of variances for this property, and the resulting encroachment of lake views enjoyed by the adjacent lakeshore residents if the variance is approved. Gaffron stated the City has consistently measured the average lakeshore setback line based on the residence structures on adjacent lakeshore lots. By virtue of an existing Special Lot Combination Agreement, the Meerkins residence is on the adjacent lakeshore lot. While the Meerkins residence is located much higher in topography than the proposed Alness house and might not have its views obstructed as much as if the land were flat, the City has not contemplated that vertical dimension in the past in their review of average lakeshore setbacks. The degree of encroachment of the average setback is substantial, and granting a variance would clearly interfere with the neighbors views of the lake. Even though the applicants proposed house may be reduced in height so as to not need a height/stories variance, it still has a negative impact on the lake views enjoyed by the neighbors. The proposed house will impact the entire neighborhood and the Planning Commission typically attempts to mitigate those issues with the neighbors. Finally, the Planning Commission found that the applicants were aware of the conditions of the Special Lot Combination Agreement at the time they purchased their home. The property had been denied variances to make it buildable in the past.