10-09-2017 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCII.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 Dankey commented she would not have purchased the property since it does not seem to be buildable and that she is curious why someone would purchase the property knowing how strict Orono's building regulations are. Sharratt noted if there was an existing structure on the lot,they would be allowed to tear it down and replace it. Walsh asked whether anyone from the public would like to comment on this application. Les Delton, 1535 Orchard Beach Place, stated he has resided there since 1963 and that a house has not existed on this lot for over 50 years. At the time the person purchased the property in 1980,they were told the lot was unbuildable by the neighbors. In addition,it is a very wet lot,and when it rains, all the water goes down onto this lot. Delton stated he has a concern that all the runoff will go into the lake once hardcover is placed on the lot. Delton noted that Mr. Sharratt states in his letter that this is a lot of record and was once used for residential use. Delton stated in the 50-plus years he has lived there,there has not been a house on the property but that there might have been a garage there. However,the neighbor who has lived there since the 1940s thought it was more of a carriage house. At the Planning Commission meeting, Sharratt stated the neighboring house will be a teardown at some point in the future. Delton stated he believes that is the case for any house at some point but that his house will not be torn down for quite a while, so that point does not matter. Delton stated as it relates to practical difficulty, one of the criteria is that it does not alter the essential character of the locality. Delton stated a house on this lot will not fit the neighborhood given the size of this lot and the neighboring lots. Delton noted his lot is a little over.9 acre. Under No. 8 it states that special conditions apply to the structure or land in question are peculiar to such property or the immediately adjoining property. The applicant comments that the immediately adjoining properties and most other properties in the neighborhood are three to ten times in size and therefore do not suffer the same hardships. Delton noted this lot was originally platted as commons and not residential. No. 9 states the conditions do not apply generally to the other land or other structures in the district in which said land is located. The applicant replies that there are very similar, small lakeshore properties in the area. Delton noted this area has a one acre requirement to build. No. 10,the granting of the application is necessary for the enjoyment of the property and is a substantial property right of the applicant. Delton stated in his view the hardship falls on the neighborhood since it will change the nature of the neighborhood. Delton stated this is not a new situation and that the owner knew it was unbuildable when they purchased it. Delton noted the Planning Commission stated that a number of times. Delton noted many previous City Councils have rightfully turned this application down and that he would like to thank this Council for their consideration of this. Delton commented he is passionate about the neighborhood and that he wants to retain the integrity that it has. Delton stated it is a beautiful place and that he loves living there. Delton stated this house is just going to change the neighborhood too much. Page 7 of 23