09-24-1990 Council Minutes - Laserfiche WebLink

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ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 ZONING FILE #1579 - EVERSON CONTINUED It was moved by Goetten, seconded by Peterson, to • conceptually deny the after - the -fact variance for Garry and Marie Everson, in a =cordance with the Planning Commission's recommendation and the condition that a double fee be paid for the building permit and zoning application. Mayor Grabek asked how close a deck 18' x 13' would come to the property line. Gaffron replied, "Approximately 17' and a 10' setback is required." Mayor Grabek asked whether future neighboring property owners would have any recourse against the City should the Council approve the existing deck. Barrett replied, "The present neighbor has consented to have the structure encroach on his property. If there is no easement granted by the present neighbor, the future neighboring property owners would have to take action against the Eversons to have the structure removed. The City could best protect itself from a liability standpoint by requiring a written agreement from the property owner before approving the location of the structure." Mayor Grabek suggested that the provision of such an agreement and removal of additional hardcover may be an alternative to denial. Bernhardson noted that the suggestion offered by Mrs. Everson to cut the deck back was another option. Goetten stated that she would agree to cutting the deck back if the Eversons would reduce hardcover to a level of 25% in the 75 -250' setback area. Nettles stated that it is difficult to vote against the Planning Commission and staff. He said, "Conceptual denial does provide them with the opportunity to present another plan. However, we have • consistently denied applications such as this and it would be difficult to approve. Motion, Ayes -4; Nays -0. Motion passed. PUBLIC FACILITIES Bernhardson stated that this issue would probably go before the Planning Commission in November. He said, "The language that would be presented would allow publicly owned parks and playgrounds as a Permitted Use in residential areas. Schools and daycare over 14 pupils would be Conditional Uses, as would public service structures for local use and antennas with a pre -empt limitation. All other uses would fall under commercial or industrial as a Conditional Use. Councilmembe:: Nettles had questioned how other cities construe municipal buildings. Barrett explained, "The standard language that is used in regard to municipal buildings assumes that such structures will only be used by the municipality in which the structure is located. I have not seen language which makes a distinction between the municipality using the structure. However, I think such language is appropriate. We will have to determine a reasonable basis for distinguishing by jurisdiction." Bernhardson said, "One form of distinction could be that the City Council for the city in which the structure will be located, is the one that also approves and orders the construction - 10 - •