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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 18 7. #13-3600 - ESKUCHE ASSOCIATES ON BEHALF OF KATHRYN KALLAS, 3048 NORTH SHORE DRIVE – VARIANCE AND CONDITIONAL USE PERMIT Peter Eskuche, Applicant and Sven Gustafson, Builder were present. Curtis stated the applicant is proposing to construct a new home which will fully conform to the 75-foot setback requirement and requests a variance to allow the new home to encroach up to 30 feet into the average lakeshore setback with the northeast side of the home. The home to the northeast is located approximately 180 feet from the lake where the adjacent neighbor to the southwest is 70 feet from the lake. This results in an average lakeshore setback line at an approximate 45-degree angle across the subject property. Eskuche is proposing to locate the new home 39 feet further back from the existing home, resulting in a setback 89 feet from the lake. The proposed location reduces the impact on both of the neighboring properties. It does not appear that the proposed location will adversely impact views of the lake enjoyed by the home to the northeast as their views are primarily to the east and north facing Noerenberg Park and Maxwell Bay. The proposed location improves the views to the northeast over the Eskuche property resulting in the Guillaumes gaining new views toward he channel and Noerenberg Park. The demolition of the home within 75 feet of the lake does not automatically trigger the need for a conditional use permit. Eskuche is proposing to construct the new home and patio right at the 75-foot setback, grading within the setback is shown on the applicant’s plans. The City Engineer has reviewed Mr. Eskuche’s grading plan and did not identify significant concerns. The final grading plan will be reviewed at the time of building permit submittal and the applicant will need to comply with the City Engineer’s requirements at that time. At the April Planning Commission meeting, the Planning Commission voted on a motion to recommend approval of the requested average setback variance and the conditional use permit but the motion failed with a 2 to 3 vote. The Commission discussed tabling the application and a 15-foot adjustment was suggested. Eskuche did not wish to have the application tabled and no motion was made regarding tabling. A second motion was made to recommend denial of the application which passed 3 to 2. The location of the Swenson home, substantially farther from the lake than the applicant’s home and the other homes along the shoreline, creates a practical difficulty unique to the applicant’s property. This location appears to artificially force the applicant’s home away from the lake resulting in a tunnel effect for lake views to the northwest across the Guillaume property. The average lakeshore setback provision is intended to protect existing lake views enjoyed by adjoining property owners. The Eskuches plan does not appear to adversely impact views of the lake from either property and further improves the views of the lake over the property for both adjacent neighbors. The distance of the Swenson property from the lake, combined with the orientation of the Swenson’s home, supports Staff’s suggestion that the spirit and intent of the average lakeshore setback provision has been met. The location of the new residence will result in an improvement of the average lakeshore setback encroachment relative to the Swenson property to the northeast. Additionally, the Swenson home is situated with views facing east and north, and only one side window of the enclosed pool wing appears to face the proposed home. Item #03 - CC Agenda - 05/13/2013 Approval of Council Minutes 04/22/2013 [Page 13 of 18]