09-15-2014 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 18, 2014 6:30 o’clock p.m. _____________________________________________________________________________________ Page 12 of 33 Landgraver asked if there are other situations in Orono where there is one house that is further set back as in this instance and the Planning Commission has approved an average lakeshore setback variance. Gaffron stated this situation is somewhat unusual than most other homes in the neighborhood. Gaffron stated they would still be looking at the fact that this lot has a Special Lot Combination Agreement, which does define the average lakeshore setback. Gaffron stated the Planning Commission should find whether the proposed house impacts the views of the neighbors. Thiesse asked when the lots were combined. Gaffron stated the Special Lot Combination Agreement goes back at least 15 to 20 years. Thiesse asked if the house was there prior to the Special Lot Combination Agreement. Gaffron stated he is not sure when the house was originally constructed but that it is his understanding it was. Lemke asked if the Special Lot Combination Agreement covers the lot right in front of the house. Gaffron pointed out the two lots that have the Special Lot Combination Agreement. Morgan Kavanaugh, Attorney-at-Law, stated the height variance request has been formally withdrawn by the applicants, but their position remains the same that an average lakeshore setback variance is not required since the line should be drawn from Lot 5 and not the immediately adjacent house, which is Lot 21. Kavanaugh stated even using the immediate adjacent house, the lot is not functionally buildable, as pointed out by Staff, without an average lakeshore setback variance. Kavanaugh stated as it relates to the elements of practical difficulty, there are three main components: the reasonable use element, unique circumstances of the property, and the essential character of the neighborhood. In regards to the reasonable use element, the applicants are seeking to build a modest, single-family home that will meet all code requirements. Kavanaugh noted Staff has previously stated that this is a buildable lot except for the Special Lot Combination Agreement, which is not at issue tonight and the application should be viewed as noted in Staff’s report as if Lot 7 were separately owned. Kavanaugh stated also not at issue tonight is the prior history of the lot. At prior Planning Commission and City Council meetings, Staff has stated that building has occurred or will occur on identical sized lots with 50-foot shorelines. Furthermore, the owners to the south of Lot 9, was recently sold as a separate parcel for development and building on that 50-foot lot and construction is almost completed. Kavanaugh stated the proposed use for the subject lot is the same as all other property owners in the City and is reasonable. Secondly, the applicants did not create the circumstances unique to the property and had nothing to do with the Special Lot Combination Agreement that exists between Lots 6 and 21. Kavanaugh stated those 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. Kavanaugh stated the circumstances creating the need for the variance are unique to the property and were not created by the Alnesses. Item #01 - PC Agenda - 09/15/2014 Approval of Planning Commission Minutes [Page 12 of 33]