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• <br />• <br />t <br />ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 <br />ZONING FILE $1473 -KELLY CONTINUED <br />discrepancy in the hardcover calculations. <br />Mabusth replied that it was the applicant's understanding <br />that removal of landscaping would result in a 10% reduction in <br />hardcover. She stated that staff's calculations determined that <br />only a 5% reduction would occur. Mabusth said, "I would like the <br />opportunity to meet again with the applicants to discuss the <br />hardcover. <br />It was moved by Councilmember Callahan, seconded by <br />Councilmember Goetten, to table application #1473. Motion, Ayes - <br />4, Nays -0. Motion passed. <br />#1506 CAROL SENN <br />3220 WATERTOWN ROAD <br />FINAL SUBDIVISION <br />RESOLUTION #2844* <br />It was moved by Councilmember Callahan, seconded by <br />Councilmember Peterson, to adopt Resolution #2844, approving the <br />Plat of Senn Orono Addition. Motion, Ayes -4, Nays -0. Motion <br />passed. <br />#1509 EARL FREEMAN <br />4505 WATERTOWN ROAD <br />VARIANCE <br />Mr. Freeman was not present. <br />Bernhardson said, "Staff has reviewed the possible actions <br />that the City can take in relation to the free standing accessory <br />structure. We feel that it is appropriate to grant a variance at <br />this point. Staff has determined that since a principal <br />structure did exist on the property and that it was removed by a <br />hazardous building proceeding, we cannot remove the accessory <br />structure because it is a legal non - conforming use. Approval of <br />a variance would allow the City to set the conditions under which <br />the structure can remain." <br />Councilmember Callahan indicated that he would not be in <br />favor of granting such a variance. <br />Mabusth asked City Attorney Barrett whether it would be <br />appropriate to require a conditional use permit to deal with the <br />aspect of the legal non - conforming structure. <br />City Attorney Barlett replied, "The non - conforming use <br />status arises either from the Constitution, because Mr. Freeman <br />has property that we cannot take, or from the recognition of such <br />uses within the City's ordinances. The City has no provision to <br />license non - conforming uses. Granting a variance would provide <br />the City with a negotiating tool to assure that certain <br />improvements on the property occurred." <br />- 3 - <br />