10-09-2017 Council Minutes - Laserfiche WebLink

Home Browse Search

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 Mattick stated it is rare where the average lakeshore setback eliminates the entire lot. McDermott stated the applicant created his own practical difficulty because he bought a lot that was unbuildable and taxed as recreation/seasonal use. McDermott stated the applicant would not be able to homestead the property himself because it is against state statutes for him to do that. McDermott commented he finds it hard to believe that a builder does not look at the regulations impacting a property before purchasing it. Mattick stated a practical difficulty is a zoning issue and the tax classification is irrelevant. Seals stated it appears the blue area is the only buildable area and is a fraction of what they are proposing. Walsh noted it is approximately half. Dankey stated she would feel much different if there was currently a house there and that someone should know whether they are buying a buildable lot. Dankey stated in her view the blue area is the buildable area. Dankey noted$100,000 is probably what someone would pay for ten years to rent space to put a boat at. Walsh noted the City does not allow a dock to be placed on a vacant piece of land without a principal residence. Crosby stated the applicant can build in the blue area and the City should enforce the setbacks. Printup stated he would be okay with granting a 10-foot rear yard setback variance as well as an average lakeshore setback variance and lot area and lot width variances. Crosby and Dankey indicated they would not be in favor of that. Printup stated he does not want to say they cannot do anything there since it is a lot of record. Printup noted the City has granted lot azea and lot width variances before and that it is not possible to meet the average lakeshore setback,which makes it a practical difficulty. Printup stated the question comes down to the rear yard setback. Crosby asked if Council Member Printup is willing to compromise on this. Crosby commented the lot might be buildable but it is not buildable for the structure that the parties want. Dankey stated she likes the fact that they brought it back to the 75 feet and that it looks like three out of four questionable variances can be dealt with. Dankey stated she does not like how close the house is to the property line,especially given the steep corner. Dankey stated when she visited the property earlier in the day,the area was totally wet. Walsh noted with a 30-foot setback,the applicants would get the little blue box to build in. Seals stated when she was campaigning and talking with the residents, it seemed like in the areas where the homes were close together there were issues with runoff, and that in her view they might be opening Pandora's Box if this property already has issues with runoff. Seals stated she understands that the little Page 14 of 23