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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 11, 2012 <br />7:00 o'clock p.m. <br />_____________________________________________________________________________________ <br /> <br /> Page 5 of 17 <br /> <br />(5. #11-3503 CITY OF ORONO, ZONING TEXT AMENDMENT - LAKESHORE <br />RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) <br /> <br />Mattick indicated Staff will bring the final language back to the City Council for adoption at their next <br />meeting. <br /> <br />6. #12-3547 JOHN AND PHOEBE STAVIG, 790 BROWN ROAD NORTH – VARIANCES <br /> <br />John Stavig, Applicant, was present. <br /> <br />Gaffron noted this is a vacant lot located on a private road off of Brown Road. Gaffron noted there is also <br />a bluff on the lot. The applicants are requesting the following variances in order to construct a residence <br />on this vacant lot: average lakeshore setback variance, rear (street) setback variance to allow setback of <br />30’ where 50’ is required; variance to allow construction 15 feet from the top of bluff where a 30-foot <br />setback is required; and a variance to locate the home five feet into the defined 20-foot bluff impact zone. <br />The Planning Commission has reviewed this application twice. Following the first meeting, the applicant <br />submitted additional engineering on slope stability. Staff has also looked at other options for a building <br />site outside of the bluff impact zone. Without any variances, it would be very difficult to construct a <br />house on this lot. Based on that review, Staff would recommend that a 25-foot setback be allowed rather <br />than a 30-foot setback and allow the house to be located 25 feet from the side lot line. The applicant has <br />indicated he is not interested in locating the house closer to the street and closer to the neighboring <br />property. Staff also recommended that the applicant be allowed some grading work within the bluff to <br />allow for a walkout. The applicant has also asked for a tuck under garage. <br /> <br />The Planning Commission at its May 21 meeting voted 5 to 0 to recommend a combination of approvals <br />and denials as follows: <br /> <br />1. Approval of an average lakeshore setback variance; <br /> <br />2. Denial of the bluff setback variance; <br /> <br />3. Denial of the variance to encroach into the bluff impact zone with structure; <br /> <br />4. Allowance for limited grading within the bluff impact zone to allow for a walkout door; <br /> <br />5. Approval of a street setback variance to allow the home/structure up to 25 feet from the rear <br /> (street) property line, five feet closer than requested by applicant; <br /> <br />6. Approval of left and right side setbacks of 25 feet where 30 feet is normally required to allow for <br /> a house/garage footprint of approximately 2,150 square feet. The applicant did not request these <br /> variances. <br /> <br />Gaffron stated the recommendations of the Planning Commission offer the applicant additional <br />unrequested relief to the property line setbacks while denying the structural bluff impacts. The applicant <br />has not indicated acceptance of these conditions. Gaffron noted that in addition, the potential for granting <br />side setback variances was not specifically included in the legal notices for either hearing, and as a result, <br />the adjoining neighbor to the immediate west who is potentially affected may not be aware of the 25-foot <br />setback recommendation. <br /> <br />Item #02 - CC Agenda - 06/25/2012 <br />Approval of Council Minutes 06/11/12 [Page 5 of 17]