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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 28 (10. #11-3521 TAMI HELMER, 3131 CASCO CIRCLE, Continued) Franchot stated when he walked the property, it was apparent that there may be an open door to oppose the application but that the reason for the opposition in his view is that the neighbor does not want any change to the neighborhood. Franchot stated for the neighbor to imply that he will in any meaningful way be impacted on his sight lines is not true and that there is a huge arc to the right of lake view. Jones stated he is not pitting neighbor against neighbor and that if they want to do something within the footprint of the house, he would be fine with that. Adding a story and a half ten feet from the lot line is a change. Jones states his sight line is affected and that the applicant does not have a right to affect his sight line one inch. Jones indicated he is not asking for special treatment and that justice is treating everyone the same. Jones requested the City Council follow the rules. Franchot commented he understands Mr. Jones' position but that the variance procedure allows some flexibility to accommodate different situations. Jones noted the City's Building Code states that existing nonconforming hardcover may not be relocated or expanded and asked where the gray area is in that language. Mattick stated the rule does say that but that the variance procedure allows for some flexibility to that rule. If there is a practical difficulty that is determined to exist, the Council can grant the variance. Jones asked what the practical difficulty is for the variance. Jones stated he does not see a practical difficulty. McMillan stated the issue is making changes to nonconforming items without bringing the entire property into conformance. The property is still nonconforming, which is part of the difficulty with this application. Franchot stated the City has granted a number of variances in the past which has not required the entire property be brought into conformity. McMillan commented that all parties have their concerns and that the City Council has the difficult decision to decide how to best deal with the situation. When dealing with nonconforming properties, it does have impacts when you change things around. Franchot stated he is in agreement that it does have some impact but that in his view it is a reasonable request. Rahn asked whether the structural coverage will change. Curtis indicated it will be increased. There is 2,400 square feet of house currently, which is 9 percent, and that the deck and patio would increase the structural coverage. Sharratt stated there is also additional overhang. Item #03 - CC Agenda - 09/26/2011 Approval of Council Minutes 09/12/2011 [Page 20 of 28]