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MINUTES OF THE REGULAR ORONO CITY COUNCIL <br />MEETING HELD ON SEPTEMBER 12, 1994 <br />is <br />(Item #4 - McKinney - Continued) <br />Mayor Callahan motioned, Hurr seconded, to deny the request to waive the payment of <br />the sewer and water line access charge and to direct staff to resolve the issue of the use <br />of the bedroom in the lower level, and to remove all furniture stored in the garage by next <br />City Council meeting of 9/26/94. Ayes 5, Nays 0. <br />Eidsen asked for clarification on the need to install a window. Callahan stated it would <br />be determined by the staff report at the next meeting. Hurr commented that it is difficult <br />to police the sleeping arrangements and if historically used for sleeping, a ready solution <br />would be to install the window <br />( * #5) #1941 LEROY AND WANDA FISCHBACK, 3135 NORTH SHORE DRIVE <br />- VARIANCE - RESOLUTION #3461 <br />Jabbour motioned, Goetten seconded, to approve the variance #1941 as proposed. Ayes <br />4, Nays 0. <br />( #6) #1944 BRADLEY AND DINA ETHERINGTON, 4055 ELM STREET - <br />VARIANCE RESOLUTION #3462 <br />Mabusth stated this is the owner's fourth area variance application; the first in 1978. • <br />There have been no changes in zoning. Applicant's provided an updated survey as <br />requested as well as a development plan. The Planning Commission was concerned with <br />the steep slopes and stipulated there would be no draining to either the east or west. The <br />Engineer approved downspouts as well as underground tiles which drain out to the street. <br />The driveway was reviewed by Engineer and Staff. The proposal will result in minimal <br />tree removal. The main concern of the neighbors is that the survey is incorrect. Mabusth <br />stated there is no difference between the original of 1976 and present survey with <br />exception of .2" side setback on east side. Neighbor Laue has not received the results of <br />her survey. Applicants have met all requirements. It was the neighbors' obligation to <br />present anything to refute application and nothing has been received. <br />Tim Feyo, husband of owner, had their surveyor meet with surveyor of Mrs. Laue, who <br />said the survey of 8/4194 was most accurate except for a 3" difference in SW corner of <br />lot. Surveyor stated Mrs. Laue was informed of findings. <br />Callahan asked Feyo if he believed his survey to be correct and if he was satisfied with <br />the application packet and resolution presented. Feyo responded yes. <br />is <br />4 <br />