04-09-1990 Council Minutes - Laserfiche WebLink

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MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 • ZONING FILE #1506 -SENN CONTINUED access. The applicant is requesting that the access not be defined as a temporary access with the subdivision approval. She prefers Council to allow access to the north as a future option when the western access corridor is developed. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the Preliminary Subdivision for Carol Senn, in accordance with the Planning Commission recommendation with the revision that the northern access be optional. Motion, Ayes -5, Nays -0, Motion passed. #1507 DAVID FOX 1645 BOHNS POINT ROAD VARIANCE RESOLUTION #2791 David and Margene Fox were present for this matter. City Administrator Bernhardson explained that the applicants are seeking an after - the -fact height variance due to the installation of a third story with upper story windows that were not shown on the original building plans. Mabusth further explained that the addition of the third story windows meant a re- interpretation of the height of the structure. Mabusth said that there is actually no change in the • height of the structure, only the interpretation changed due to the introduction of a third story. She said, "The City has no definition of a half story in our Code and nothing in the Building Code gives us,direction to deal with half stories." Mayor Grabek stated that the Foxes are friends of his and he would therefore not make a motion. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adopt Resolution #2781 granting a 3'6" height variance to David and Margene Fox. Goetten noted that there is hardcover in the 0 -75' setback zone and questioned why 'it was there if this is a new structure. Mabusth informed Goetten that the hardcover had existed prior to the construction of the house. Bernhardson observed that the hardcover is the adjacent property owner's deck which encroaches on the Fox property. Callahan asked how the plan had varied from what was presented to the City and what was constructed. The Foxes' architect stated that the Foxes had asked for the windows when they realized how much area would otherwise not be utilized. They also had concern about the aesthetics of having nothing but stucco surface for the entire upper story. The architect stated that he had reviewed Orono's Ordinances, but found nothing that addressed the addition of windows. He drew the windows in and assumed that the contractor had brought the revision to the attention of the City. Callahan • suggested that the Code be clarified. Motion, Ayes -4, Peterson, 10 -