10-20-2014 Planning Commission Packet

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2014 6:30 o’clock p.m. _____________________________________________________________________________________ Page 40 of 59 neighborhood was the 9,000 square foot, $4 million house that was allowed to be constructed across the street, which is an aberration in the neighborhood. Haugan stated the 1,050 to 1,200 square foot floor plan being proposed is identical to the two residences above this lot. Haugan stated as to whether the practical difficulty could be alleviated by a feasible method other than variance is not possible since the property cannot be made bigger. Haugan stated the applicants also did not create this practical difficulty and that it resulted from over 100 years of changes in various laws. The property will become, if a variance is not granted, functionally obsolete. Haugan stated the final criteria is whether, in light of all of the above factors, a variance would serve the interests of justice. Haugan asked what is wrong with building a modest house, raising a family, and paying taxes on it. Haugan stated in the grand scheme of things, that is all positive. Haugan stated the other criteria is undue hardship and whether there is undue hardship. Number one, the property in question cannot be put to a reasonable use if the variance is not granted. Haugan stated to his knowledge that question was posed to the Planning Commission previously, and that the question then becomes, if the variance is not granted, what could possibly be done with the property. Haugan stated he heard from the videotape that someone could camp on it. Haugan noted this property has been valued as high as $150,000, there was a mortgage on the property for as much as $150,000 a number of years ago, but it is literally worthless if a house cannot be built on it. Haugan stated the applicants are requesting the variance be granted and that in his view the request is modest. Schoenzeit asked if he is aware of the last time this property had a house. Haugen stated to his knowledge it was in the 1930s or 1940s. Haugan stated the house burnt down, the property owners resided in California and never came back. Haugan stated the garage on the property became a nuisance and was required to be removed sometime in the 1960s. Schoenzeit stated independent of all the variance requests, the one request that concerns him the most is the average lakeshore setback, which is one of Orono’s most specific setbacks and ranks up there with the Item #01 - PC Agenda - 10/20/2014 Approval of Planning Commission Minutes 09/15/2014 [Page 40 of 59]