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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2012 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 21 (8. #12-3575 SCOTT AND MELISSA MUSGJERD, 4156 HIGHWOOD ROAD, Continued) Sharratt commented he is not sure if the entire Council has walked the fire lane but that it is extremely steep. The water currently travels perpendicular to grade and then starts to turn and eventually comes right off the alley across this property, which has resulted in a washout area. A survey from 20 years ago shows that the washout area was not there and he is not sure how it developed over the years. The washout issue has been brought up to Staff and the applicants are willing to work with the City in an effort to deal with the problem. The fire lane over the years has predominantly been used as a snowmobile path and not many people walk down to the lake using the fire lane. The alleyway is also overgrown with trees. The street is 41 feet above the lake and it is quite a steep walk down the fire lane. Sharratt noted the neighbor across the street had a concern about constructing a bigger house on this lot. That owner would like this house to be between 8 and10 feet away from the property line. Sharratt stated locating the house eight feet off the property line would be an option and would allow a bigger deck on the other side. The neighbor on the other side of the street raised some concerns that he was going to lose his view of the lake. Sharratt noted that neighbor’s view will actually be widened. Sharratt stated they have attempted to address all the concerns of the neighbors and the City and that they are proposing to construct a much nicer home than what currently exists. Franchot asked what the likelihood is that the alley would ever be used for anything other than its current use. Struve indicated based on its location, the likelihood is that it will not be used for much beyond how it is currently being used. Franchot stated in his view this is a reasonable request and that there is open land between the two lots and that the effect of being too close to the neighbors is not a real issue. Franchot stated with the cantilevered deck, he does not see any safety issues. Franchot stated part of the City Council’s role is to assist its citizens in having the best home they can have without it causing harm to the lake or the neighbors. Franchot stated the other concerns raised are simply possibilities and that in his view they do not rise to the level where the application should be denied. Printup commented it would be easy to allow a deck but questioned where it would stop. Printup stated a similar request could happen to the neighboring property or the property down the road. Printup commented it seems that these situations have come up a number of times in the past and asked whether that would leave the City exposed to future variance requests of a similar nature. Franchot asked whether a precedent would be created by granting this variance. Mattick stated each of the applications stands on their own. Future applicants will likely look at variances that the Council has approved and that it is a question that will be asked. Dennis Walsh, 1354 Rest Point Circle, commended Mike Sharratt for his design given the tough nature of the lot. Walsh stated the City owes it to its residents to allow them to build houses that are saleable and that they should grant some leeway on narrow lots. Walsh stated in his view that shows the residents that Item #02 - CC Agenda - 10/22/2012 Approval of Council Minutes 10/08/2012 [Page 9 of 21]