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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 28 (10. #11-3521 TAMI HELMER, 3131 CASCO CIRCLE, Continued) the lot is conforming so Staff does not have the ability to approve the application. Mattick commented it basically is the same as a swap since there is no net gain in the amount of hardcover, but because the lot is nonconforming, Staff does not have the ability to grant approval. Rahn commented in his view the applicant has done their due diligence in researching the City rules prior to purchasing the property. Rahn stated in his view everything looks great except there is a neighbor who feels he will be negatively impacted by the changes. McMillan stated they are intensifying the average lake setback variance since the new deck will impact the neighbor more than the old deck does. The new deck is more intrusive to the neighbor since it is located closer to the lot line. Franchot asked if Mayor McMillan has visited the site. McMillan indicated she has. Franchot stated he visited the property and that the concern being expressed by the neighbor in his view is not really an issue given the amount of vegetation between these two properties. Franchot stated based on his tour of the property, it does not appear to be as much of an imposition as what has been implied and that there is a huge arc to the right that provides a good view of the lake. McMillan commented that vegetation can come and go and that planting evergreens will also block someone’s sight line. Franchot commented that his point is that there is no change in the sight lines with the proposal. McMillan commented screening is not always a good solution and that the Council should address the issue of whether the deck should be there or not. The average lakeshore setback is never perfect and there are many situations where it does not work because of existing conditions prior to enactment of the ordinance. The City has granted variances in the past to the average lakeshore setback but in those situations it did not have a negative impact on the neighbor's sight lines. McMillan stated in her view there will be a negative impact to the neighbor in this case. Franchot stated that was why he questioned where the sight line was being taken from on the neighboring lot. If you stand on the property line, almost everything would get in the way. Mr. Jones' house is located far away from any setback. Rahn commented it also becomes an issue of noise since it would be located closer to the property line. Rahn asked if the applicant is still proposing a screen porch when it appears to be a four-season porch on the plans. Sharratt indicated it is a screen porch. Sharratt pointed out the back portion of the garage, which is being converted into the screen porch. Sharratt indicated they established the sight line by taking the corner of the deck as it is in its present location. If that line is drawn further back to the dining room, it is not any more intrusive than what currently exists, which is why they located it in that area. The new line is no further forward than what the existing line is. Item #03 - CC Agenda - 09/26/2011 Approval of Council Minutes 09/12/2011 [Page 17 of 28]