10-09-2017 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 9,2017 7:00 o'clock p.m. 12. #17-3968 SHARRATT DESIGN AND COMPANY OB/O FREDERICK AND PATRICIA JOHNSON, 1565 ORCHARD BEACH PLACE (PID 07-117-23-0026)—VARIANCE—Continued Seals stated theoretically, if there was something there before on the property, it was not 25 feet tall and probably one story. Seals stated the proposal is not in like and kind since it is two-story with a deck on top. Curtis stated the applicants are also not proposing to build in like and kind. Crosby stated he is concerned about the setbacks. Walsh stated the applicant is requesting variances to lot area, lot area,rear setback,and average lakeshore setback. Walsh stated the Council already knows that the average lakeshore setback is not on this property so the applicant cannot meet it no matter what happens and that the City typically approves lot width and lot area. Walsh stated the rear setback is different and that typically nobody gets to be closer than 10 feet from the side yard setback. Walsh stated in this situation he views the rear setback as being similar to the side setback and that in his view ten feet is the basic minimum. Curtis noted given the recent code amendment allowing the 10 percent width,the applicants are conforxning with an 8.3 foot setback. Curtis stated 10 feet is pretty common but that this lot is afforded the flexibility of that setback if treating it like a side setback. Walsh stated lot area and lot width variances are pretty much granted in the City and that the applicants cannot meet the average lakeshore setback. Walsh stated in his view the rear setback is the issue. Seals commented she struggles with this lot because it seems like a bad idea. Seals noted she understands the point about Crystal Bay but that the other homes in the area are already there. Walsh stated this is similar to Rest Point Lane that had a lot with a .22 acre lot on the corner with similar issues. Crosby stated the setbacks were not this bad. Seals stated it seems like it is being stretched in this case but that she does not want to say nothing can be built on the lot. Crosby stated he would like to hear from the person who purchased the lot. Frederick Johnson,property owner, stated he purchased the property in 2013 and he was told it was a residential lot of record and that it had a sewer stub to the property. Johnson indicated it had a house at some point and a full garage that was torn down within the past 20 years. Crosby asked if the realtor told him it was a buildable lot. Johnson stated the realtor never said it was a buildable lot. Johnson indicated he has built on lots in the Crystal Bay neighborhood that were 50' x 80' or 4,000 square foot lots with 2,000 square foot building pads. Johnson stated he is now looking at a 10,000 square foot lot and he is having a hard time getting 1,400 square feet. Johnson stated he is willing to pull it back to meet the 10-foot back yard setback. Page 12 of 23