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 9 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) 5. Average lakeshore setback variance to allow the proposed residence to be located 75 feet from the lakeshore, an encroachment of approximately 50 feet lakeward of the average setback line defined by the adjacent residence at 1555 Orchard Beach Place. 6. Conditional use permit and variance required for 0-75 foot grading/filling/excavating in excess of ten cubic yards. The Planning Commission reviewed the application at their September meeting and voted unanimously to recommend denial of the variances and conditional use permit. Gaffron noted this application is virtually identical to an application that was before the City Council approximately one year ago, which was denied. The average lakeshore setback variance is one of the key elements that cannot be met. City Code would allow an administrative variance in a situation like this if the neighbors were in support of the application and they have indicated they are not. Gaffron stated one of the questions that did come up at the Planning Commission meeting was a question by the applicants’ attorney about reasonable uses of the property if it cannot be built on. Potential uses of the property consist of a garden type use and other possible uses. Gaffron stated absent all of the other setback issues except for the average setback, there is a buildable envelope approximately ten feet deep and 40 feet long. Gaffron stated he is not sure whether that would be considered a principal residence structure but that there would still be the average setback issue. Staff has provided a number of findings for denial of the application and they include the following: 1. The property does not meet the criteria established by state statute and City Code to be deemed buildable without variances being granted. 2. The City is not obligated to grant variances to allow this property to be buildable. 3. The fact that a summer home existed on the property many decades ago does not provide an inherent right to build a home on the property. 4. The parcel has historically been assessed at a valuation significantly below that of a buildable site. 5. In past actions the City has generally denied lot area variances for vacant lots of less than 10,000 square feet. 6. The original plat designation as “Commons” strongly suggests that this site was originally platted as a neighborhood amenity rather than as an individual building site. 7. Development on this lot potentially could obstruct lake views of the adjacent owner.