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MINUTES OF THE REGULAR ORONO COUNCIL MEETING <br />HELD SEPTEMBER 13, 1993 • <br />( #5) #1829 DIANNE SIEFF, 1080 WILDHURST TRAIL - CONT. <br />Kelley asked who Roy Benson was. Sieff replied that it was her ex- husband. Kelley noted the <br />hardship was no longer prevailing since Mr. Benson with his back problems no longer lives at <br />the house. This makes hardship use of the deck no longer necessary. Kelley felt the deck could <br />be moved back to what it was prior to construction and continue with the removal of the shed <br />next to the lake. Sieff explained the hardship she was referring to was the next door neighbor <br />using her driveway, not Benson with his back problems. <br />Mabusth explained that a 10' x 8' deck addition was constructed without application and would <br />have required a variance review because of excesses of hardcover. Kelley reiterated that the <br />hardship no longer exists. Jabbour stated the hardship should be tied to the land, not the <br />applicant. <br />Since the shed was there before the deck addition, Jabbour asked if the City could require the <br />removal of the shed. Mabusth added that the decks were there before the ordinances in 1975. <br />Kelley asked if Jabbour wanted to trade removal of the shed for the deck. Jabbour responded <br />that you have to look at what is the worst of two possibilities and try to avoid it. <br />Gerald Sieff noted that the shed and other hardcover was there before 1975, so the City could <br />not require those removals. From his point of view, they are proposing to remove 84 s.f. of • <br />an existing shed in the 0 -75' zone plus another 391 s.f. of non - structural hardcover. That <br />calculates out to 5.2 times the area of non - structural to structural removals. It would seem more <br />beneficial to remove 468 s.f. of hardcover than to remove 160 s.f. of deck. <br />Jabbour stated that a hardship still needs to exist. In the resolution, it should be stated that if <br />any of the gravel /plastic that is removed reverts back to plastic /gravel, the City has the right to <br />revoke the variance. <br />Mayor Callahan expressed concern over the neighbor using the driveway. He asked Gerhardson <br />for input about this driveway and suggested Gerhardson look at this situation to see what can be <br />done about the neighbor's driveway access. The neighbor does not have an easement over the <br />driveway. <br />Goetten did not think a decision about this application should be based on the neighbor's <br />problems. She also felt there could be additional hardcover removals. The blacktop is an <br />important issue. <br />Gerald Sieff felt there were three options to be considered: <br />1) Tear down the neighbor's garage. <br />4 is <br />