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 7 of 25 (6. #14-3675 RYAN AND STACY ALNESS, XXX ELMWOOD AVENUE/PID 07-117-23-11-0027 – VARIANCES, Continued) Gaffron noted at the Planning Commission meeting there were comments received from attorneys for the applicants and the neighbors as well as some of the neighbors themselves. Gaffron stated the comments by the attorney for the neighbors and the neighbors themselves are summarized as follows: 1. The intent of the ordinance is to protect the lake views a lakeshore property owner enjoys over their neighbor’s lakeshore yard. The ordinance is there to protect the neighbors and a variance would go away from that. 2. The circumstances in this situation have been created by the landowner who knew or should have known of the restrictions on this lot when they purchased their house. 3. The proposal changes the essential character of the neighborhood. Instead of the Meerkins having a non-buildable lot in front of them, they will now be looking at a house and their view of the lake will be changed. 4. Rather than preserving a property right of the applicants, granting a variance would not be preserving a right but rather enhancing or giving the applicants more than what was originally contemplated when they purchased the property. 5. The Meerkins purchased their property knowing that the Alness lot had been denied variances on multiple occasions and relied on that fact as a measure to protect their lake views. Comments by the attorney for the applicants in support of the variance request are summarized as follows: 1. An average lakeshore setback variance should not be required since the line should be drawn from Lot 5, which is the lot north of the Meerkins lake lot. Using the immediately adjacent house, the lot is not functionally buildable without an average lakeshore setback variance. 2. With regard to the reasonable use element of practical difficulty, the applicants are seeking to build a modest, single-family home that will meet all code requirements. The lot is buildable under City Code except for the average setback issue. Building has occurred or will occur on identical sized lots with 50-foot shorelines and the proposed use for the subject lot is the same as all other property owners in the City and is reasonable. 3. With regard to the second element of practical difficulty, the applicants did not create the circumstances unique to the property and had nothing to do with the Special Lot Combination Agreement. The Meerkins lots are also separated by a right-of-way and a separate identification number and should be considered separate lots for the purposes of calculating the average lakeshore setback. 4. The proposed house will not alter the essential character of the neighborhood and the proposed use fits the neighborhood. The applicants’ attorney noted the next door lot, Lot 8, is also a 50- foot lot and there are other 50-foot lots located on Elmwood Avenue.