07-24-1995 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 24, 1995 (#6 - Mary & Gene Zulk Continued) • Goetten said a safe access is necessary but there is twice the amount of hardcover located in the 75 -250' zone than allowed. An option was to make changes allowing the applicant to refigure the hardcover in ways that would allow it to meet the requirements. Zulk said they had waited a long time for the porch and feel it is important. Goetten said if no new net increases were made, then it would be satisfactory. Zulk responded that there was not much hardcover with a small sidewalk and elevated parking area and had carefully considered the porch and how it would fit into the lot and neighborhood. Jabbour said Zulk should make the choice between decreasing the porch width 2' or refiguring the hardcover to not exceed the maximum allowed. Jabbour added that if Zulk did not make the choice, someone else would do it for him. Hurr said she would prefer a reduction in the porch width while Goeteen would okay whatever would meet the standard. Jabbour commented that the Council as a body should commit to not diverting from the policies. Concern was voiced over the trading of illegal non - conforming hardcover for new structure, and trading possibly newly made non - structural hardcover to gain structural hardcover. Hurr was concerned that the Council did not have a handle on the driveway situation with no policies regarding ensuring newly installed driveways do not exceed hardcover limits. Callahan moved, Hurr seconded, to approve Resolution #3585 on the condition that the • deck be limited to a size 48 s.f less than proposed. Ayes 5, Nays 0. Callahan commented that the Council needs to control structural coverage, but not by balancing hardcover. Zulk asked if this was to begin tonight with his application. Zulk was informed that the policy has been in place and did not begin with this application. Discussion was had on the inability to distinguish between legal and illegal non- conforming hardcover and structural/non- structural hardcover in the codes. Callahan said there were two policies in place. There is a policy on lot coverage, and there is a policy that no hardcover is allowed within 75' of the lake, either structural or non- structural. This hardcover, according to Callahan, should be removed under all circumstances. Mabusth questioned if there was enough area to support the structural or non - structural hardcover, and if it does not exceed the hardcover percentages, would the City ask the home owner to remove it. Callahan again referred to the two policies. If there was illegal, non - structural hardcover, it should be removed. Callahan said the Planning Commission was not adhering to these policies citing how removal of plastic underlayment, which should not be there in the first place, is counted as removal towards the excess hardcover. is 4