10-13-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 21 (8. #14-3690 TONKA LAKE PROPERTIES, LLC, 1565 ORCHARD BEACH PLACE (PID 07-117-23-43-0026), VARIANCES AND CONDITIONAL USE PERMIT, Continued) 8. Factors that demonstrate the inconsistency of this proposal with the character of the surrounding neighborhood include: a. The property at 0.22 acres is one-fifth the average size of developed residential lots within the immediate neighborhood. b. The proposed lakeshore setback at 75 feet is significantly less than the setback of developed lakeshore lots within the immediate neighborhood, which range from 85 feet to 165 feet and average 112 feet. Gaffron noted there are some aerial photographs in the Council’s packet that help illustrate the setback. c. The proposed street setback of 25.4 feet where a 35-foot setback is required, places structure closer to the street than any other home on Orchard Beach Place. d. Removal of nearly all vegetation in a swatch approximately 65 feet by 80 feet potentially will alter the visual character of the neighborhood. 9. Grading of the site to accommodate the proposed house and redirect the natural runoff pattern will result in significant impacts to existing protected trees in the 0-75 foot lakeshore protected zone. 10. Development on this small lot will be in conflict with any number of the goals and policies contained within the 2000-2030 Orono Community Management Plan. Staff recommends denial of the application. Todd Haugan, Attorney-at-Law, stated he represents the applicants and has been a resident of Orono for 28 years. Haugan indicated his first house in Orono was less than 10,000 square feet on a 50-foot lot and that he raised two children in that house. Haugan stated he is wondering why a house cannot be built on this property. Haugan stated the law does not allow any city to take away any reasonable use of a property, which is what is happening in this situation. Haugan stated he is trying to understand as an Orono resident why someone cannot take a lot that was platted and had a house and garage on it at one point in time, but then as years go by and numerous laws and ordinances are passed, that what was once a buildable lot, platted as a buildable lot, is no longer buildable. Haugan stated the fact that there is a sewer stub to this property indicates that it is a buildable lot and that he will pursue other means necessary if the application is denied tonight. Haugan stated the other uses of this property contained within Staff’s report are laughable.