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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 8, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 25 (6. #14-3675 RYAN AND STACY ALNESS, XXX ELMWOOD AVENUE/PID 07-117-23-11-0027 – VARIANCES, Continued) 5. The applicants meet the elements of practical difficulty and ask for approval of the variance request. Gaffron indicated he has provided the standards for a practical difficulty in the Council’s packet. Staff acknowledges that the lot is not functionally buildable unless an average lakeshore setback variance is granted. If the Council finds that an average lakeshore setback variance should be granted, then that action must be accompanied by an action to extinguish the Special Lot Combination Agreement in order for the variance to be granted. Gaffron noted if the Council determines that an average setback variance should be granted, the Council should direct Staff to draft a resolution incorporating findings that support such an action. If the Council determines that special conditions must be imposed to mitigate any special impacts created by the granting of the requested variance, the Council should define those conditions. Further, the Council should direct the City Attorney to prepare whatever documents are necessary to extinguish the Special Lot Combination. Gaffron noted if the Council determines that an average setback variance should not be granted, Staff should be directed to draft a resolution for denial, incorporating the reasons for denial. Morgan Kavanaugh, Attorney-at-Law, stated he represents Ryan and Stacy Alness and that he would like to make two quick points. As to the building plans, as Staff has pointed out; the proposed house is modest in size and fits in with the neighborhood. The applicants have also worked with an engineer and City Staff to resolve the access issues that were created by the lift station. In addition, the lot already has a sewer line ready to go. Kavanaugh noted as to the average lakeshore setback, the practical difficulty was not caused by the applicants’ plan. As pointed by Staff, the lot would be functionally unbuildable due to the Special Lot Combination Agreement of the neighboring lot and Special Lot Combination Agreements are rare and unique to certain lots throughout the City. Kavanaugh stated the purpose of the average lakeshore setback line is to protect lake views and avoid a tunnel view of the lake. Kavanaugh noted there will be no tunnel view in this situation since the neighbor’s house is above this house. As the applicants’ lot currently sits now, there are mature trees that are more than double the size of the proposed house. Mark Thieroff, Attorney-at-Law, stated he represents Renee Meerkins and Claus Weiler, who reside at 1135 North Arm Drive, which is immediately north of the subject property. Thieroff noted the Planning Commission has previously looked at this issue in depth and that he will not repeat that discussion. Thieroff stated the first point he would like to discuss tonight is the issue of whether the lot is buildable at all. As the Council knows, the zoning code has a one acre minimum requirement in this zone. At the August 18 Planning Commission meeting, Staff responded to a question by Chair Leskinen by stating that the lot would not be substandard and could be built on because of a statute amendment in 2009 that allows existing lots of record to be built on.