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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2012 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 21 (8. #12-3575 SCOTT AND MELISSA MUSGJERD, 4156 HIGHWOOD ROAD, Continued) McMillan asked if they would like their application tabled. David Beeker, Builder, stated he understands the concern for setting a precedent, which is why things are put in writing. The City Council has to use their best judgment on each individual application and that they would not be setting any type of precedent by granting this variance. If the application does not go through today, the other option is that someone else will buy the property and remodel the existing house. Beeker noted the garage is sitting on the fire lane and is three feet away from the house to the east. The City has an opportunity today to change that and improve the situation for the neighbors. Both neighbors are in support of the project. Beeker reiterated the Council has to take advantage of the opportunity to make things better tonight and that the applicants are not asking for very much given the small size of the house. Beeker commented they are taking the property and making it better than what exists. Bremer asked why they are opposed to a lakeward deck. Sharratt stated if it were a fairly level lot, that would be ideal, but given the topography of the lot, they would not be able to see the shoreline or yard if the deck is on the lake side of the house. Bremer commented they typically see people doing the exact opposite of what is being proposed tonight. Bremer asked if there is a reason why they proposed 12 feet as opposed to 10 feet. Bremer indicated she is basically in agreement with the rest of the application and that she would hate to see something that would be a benefit to the neighborhood go away over what appears to be a minor issue. Bremer asked what the difference is between a 12-foot deck and a 10-foot deck, especially when there are no stairs going down. Sharratt stated it is not the difference between a 12-foot deck and a 10-foot deck but rather the difference between 12 and 6.5 or 7 feet. Sharratt stated the issue with the front deck is you would look through a railing and you would not be able to see down to the yard. There will be a patio on the lower level and they would like to be able to see the kids and the lakeshore from the deck. In addition, a 7-foot deck is not functional for a table and four chairs. Bremer commented in the great majority of these cases it is her instinct that they should hold to the 10-foot setback. Bremer indicated she was hoping the applicants would have said, okay, six feet is too skinny but I could go to 10 feet, and that she would be much more supportive of that. Bremer stated the applicants have to be mindful of all the other applications that come before the City Council and that they are dealing with the concern that the City cannot anticipate what the future use of the fire lane will be. Bremer stated in her view a 10-foot setback is ideal but that she is not in favor of granting a 3.5 foot setback or a 5-foot setback and would have liked to see some type of compromise. McMillan noted if the alleyway were a house instead, they would be requesting a 10-foot setback. McMillan asked why a 35-foot setback is required. Curtis indicated it is considered a side street, which is the reason for the 35-foot setback. Item #02 - CC Agenda - 10/22/2012 Approval of Council Minutes 10/08/2012 [Page 13 of 21]