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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 26 of 37 (10. #13-3614 FRED JOHNSON ON BEHALF OF PATRICIA L. PFEFFER, 1565 ORCHARD BEACH PLACE – VARIANCES, Continued) As it relates to the character of the neighborhood, Larson indicated he has looked at the tax records for the neighboring houses. Both neighbors on the same side of the street have foundations that are equal in size to the house being proposed. Larson stated what is out of character in the neighborhood is the 9,353 square foot mega mansion across the street. The house being proposed for this lot will fit in the living room of that house. In addition, the taxes on the mansion were $35,000, which is not in keeping with the character of the neighborhood. Larson stated the argument that this house is out of character will not fly. Larson stated as it concerns the line of sight, the neighbor’s house next door is 20 feet higher than this one. The foundations will have a difference of 17 feet. Larson indicated they are not tied into this plan and that changes can be made if necessary. Larson stated the bottom line is the plat was laid out for little lots and how it was revised is not known. The building plan demonstrates that a house called a park model can fit on this lot. Larson noted another error in the 1978 resolution is the language saying that a house cannot be placed on the lot. Larson indicated he can deliver a brand-new house for $22,000, hook it up to the sewer stub, and fit it on the lot. Larson indicated that would then allow them to have a dock since it will have a primary structure. Larson stated the ordinance says that the neighbor has to sign off on the project. Larson indicated he has been a builder for a number of years and not one time did the neighbor want a new house going next to theirs. Larson questioned why that language has to be in the ordinance. Curtis noted that requirement is for administrative approval of an average setback variance. Gaffron stated the applicant requires a variance because the neighbor would not sign off on it. Larson stated this property is not a place for the neighbors to dump their leaves and debris and that it is a platted lot of record similar to the lots on Maple Place. Larson stated if this application is denied, he will come back in February with a plan that only requests a line of sight variance. Larson as it relates to the view, the house will be located lower than the neighboring homes and the fact that the previous house on this site burned down and the owners went for 65 years without building it is not a reason to deny this application since it is a platted lot of record. As it relates to the trees, Larson indicated they will only need to cut three trees down and that they will not be clear cutting the lot. Larson commented that the woman who owned the land in 1965 begged the City not to do what they did to her property. There is a practical difficulty associated with this property and it is in keeping with the character of the neighborhood. Larson reiterated the City could vacate a portion of the land next to the boulevard to allow them to get to 10,000 square feet. Larson stated in closing he would like to say that he is interested in protecting the equity that the owner has in the land. The City’s zoning law clearly states that the Council should not be denying this if it is going to result in exceptional hardship. Larson encouraged the City Council to correct a huge injustice that was done 30 years ago by previously denying the variances. Printup commented he likes the idea of a little house since he also lives in a little house but that he would be willing to make a motion denying the application. Item #02 - CC Agenda - 08/26/2013 Approval of Council Minutes 08/12/2013 [Page 26 of 37]