09-11-2017 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11,207 7:00 o'clock p.m. 15. #17-3963 JHG PROPERTIES,LLC,4035 DAHL ROAD,PRELIMINARY PLAT, VARIANCES,CONSERVATION DESIGN WAIVER—Continued and enjoyment of a substantial property right of applicant. This is necessary so the full potential and use could be realized. Gilbert indicated he has the same economic considerations that applied to the Wildhurst case. Gilbert stated another error in Staff's report is that the granting of the variance will alter the essential character of the neighborhood. As a matter of law,an area variance does not alter the essential character of the locality. Gilbert stated two of the three principles under the state statute have been met and that in his view the principles applied in the Wildhurst decision are the same principles that should be applied to his application. The third element for consideration is use of the property in a reasonable manner not permitted by the zoning. Staff has basically stated you cannot have a variance because you need a variance. In the Wildhurst case,the findings said that the application was generally consistent and in harmony with the ordinance. Gilbert indicated he has looked at the 18 homes in the area and nine of those homes are less than one acre. Gilbert stated in his view his proposal is in harmony with the neighborhood and single- family residential use is consistent with the Comprehensive Plan and is similar to the findings used in the Wildhurst case. Finally,the plight of the landowner is unique to the property and not created by the landowner. Gilbert stated Staff basically told him he paid a high price for the property. Gilbert indicated he purchased the property over the Internet and bought it as is because he thought it was important to preserve his neighborhood and add value to the neighborhood and the City. Gilbert stated this property is unique since it is high on a hill with a wetland on the west side. It is a long, rectangular lot. Gilbert stated if he is limited to one lot,the only place to construct a house is on the hill and the front yard would basically be like a football field. Gilbert requested the City Council apply the same variance principles that were used on the setback requirements in the Wildhurst case in his density request. The Court of Appeals has said the decision should be made on the evidence as presented. Gilbert stated when the City Council looks at the judgment of the facts,he has met all the statutory requirements and his request is almost identical to what was done on Wildhurst. Gilbert noted he is also asking for a waiver to the conservation design since they will be leaving all the trees there. Gilbert indicated he would like the border of trees to stay there for privacy. Dankey asked if he originally planned to construct one house on the property when he purchased it, especially since he has resided in Orono for 35-plus years and is familiar with some of the City's rules and regulations. Gilbert stated his main concern was that another trailer home would be put on this property and that he wanted to preserve his neighborhood. Gilbert stated he is attempting to make the best use of the property they can. Due to the price of the property and the cost to construct a house, it would be well above the valuation of other nonlakeshore properties in the area. Page 8 of 17