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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 28 (10. #11-3521 TAMI HELMER, 3131 CASCO CIRCLE, Continued) Sharratt stated due to the vegetation, it is not possible to see through that area in the summertime. McMillan reiterated that it is an average lakeshore setback issue. Franchot asked if the situation is being made worse. McMillan indicated in her view it is. Franchot asked if the Council can get a picture of where the actual average lakeshore setback line is located. Franchot stated in his view it is a sight line issue only. Curtis displayed the average lakeshore setback line and pointed out that it cuts back into the existing garage and is ahead of it. The corner of the deck does not extend further into the average setback and they are maintaining the sight line from the home to the lake. McMillan stated because they are locating the proposed garage addition over existing driveway, they are able to gain additional hardcover versus swapping hardcover for structural coverage. Rahn stated in his view that is what Mr. Jones is saying. They are talking about a building that is already sitting too far forward, and even though they did not extend it closer to the lake, there is more structure being proposed. Rahn noted the draft resolution says the deck will result in minimal negative impact to adjacent property owners, but that in his view there should be no impact. The sight line is one issue but that he personally would be more concerned with the noise since the area of entertainment has moved closer to the lot line. Rahn stated he has a hard time approving something where an adjacent neighbor was opposed to it, which is one of the main reasons why the City has an average lakeshore setback. Curtis stated the average lakeshore setback is to preserve the view of the lake. The noise or activity could be there anyway without the deck but that it is an issue to consider as part of the variance request. Al Wahlin, 3131 Casco Circle, stated in regards to the proposed deck, they have carefully considered the current rules and regulations and they were also considerate of the neighbor to not come out past the existing visual footprint that is currently in place. Wahlin commented they are not proposing anything that is different than what he can currently see from his perspective. Wahlin stated they have worked very hard to follow the rules and regulations that the City has set up as well as the rules of the DNR and the State of Minnesota. They have gotten professional help from Mr. Sharratt. Wahlin commented he is not sure how much one person can have control of their property but that he understands and respects his neighbors and will continue to do that. Wahlin stated he also has a right to be comfortable in his own home and that unfortunately the system is set up to pit one neighbor against another and cause conflict. Wahlin stated he attempts to do what is right within the rules that are set up and that they have tried to follow the rules and do what is required of them. The deck is within the existing sight footprint. Wahlin noted they also agreed to meet with Mr. Jones but that he did not want to meet with them. Item #03 - CC Agenda - 09/26/2011 Approval of Council Minutes 09/12/2011 [Page 19 of 28]