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MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 <br />ZONING FILE #1473 -KELLY CONTINUED <br />• <br />Councilmember Goetten said that the Council looks <br />unfavorably on persons that build without the proper permits and <br />then continue working after a stop work order is issued. Goetten <br />said that she was happy to see that there will be no need for a <br />side setback variance and that hardcover in the 75 -250' is being <br />reduced. Goetten said that she would like to see hardcover in <br />the 250 -500' zone also reduced. She said that they can rebuild <br />the deck to be the same as the original deck. Otherwise the new <br />deck can exist with only a step to the ground. Goetten informed <br />Mr. Johnson that the City can include language in the resolution <br />that would not allow anything further to be added to the deck. <br />Mr. Johnson said that what his client would like to see is <br />approval of the average lakeshore setback in exchange for the <br />hardcover being removed. Mr. Johnson said that the agreement <br />they are proposing to draft would immediately notify any future <br />purchaser of the property that the restriction regarding the deck <br />exists. Mr. Johnson also informed the Council that Ms. Kelly was <br />not the person building the deck. He said that the violation <br />matter is being handled through the normal ticket process. Mr. <br />Johnson said that he would like to treat this as if someone is <br />looking to add to their property, but subtract in certain areas <br />that will make the addition more acceptable to the Council. <br />Mayor Grabek asked Planning Commission representative Cohen <br />for his opinion regarding this matter. <br />Mr. Cohen recollected that he and Chairman Kelley had <br />recommended denial. <br />Councilmember Goetten said that she was disappointed that <br />the Planning Commission had not recommended that additional <br />hardcover be removed. <br />Councilmember Nettles asked what hardship existed to warrant <br />approval of the variances? <br />Mr. Johnson said that the pre- existing deck was not secured <br />to the ground and was very f limsy. Mr. Johnson said that there <br />are glass doors extending across the front of the house. Mr. <br />Johnson requested that the Council table this matter as opposed <br />to denying it. <br />Mayor Grabek asked who the builder was that constructed the <br />deck? <br />Mabusth replied that to the best of her knowledge the <br />contractor was a relative of the applicant from Arizona. <br />It was moved by Mayor Grabek, seconded by Councilmember <br />Nettles, to table this application. Motion, Ayes -3, Nays -0, <br />Motion passed. <br />10 <br />