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MINUTES OF THE REGULAR ORONO COUNCIL MEETING <br />HELD AUGUST 10, 1992 <br />r` <br />ZONING FILE #1746 - CONT. <br />Lowe. exp I a 1 ned that when the house was built in 1972, the City did <br />not have the hardcover ordinance in place, therefore, the entire <br />structure was allowed to be built in the 0 -75' zone. He added the <br />tennis court Is not a hard .surface and drains directly down. He <br />stated the vacant adjacent lot, which he owns, serves as a'holding <br />pond for run -off from his property. He said the vacant lot is not <br />I I ke I y to be bu I I t on i n the near future, but he. prefers not to <br />combine the properties as he has paid taxes on a buildable lot and <br />has paid the sewer and water assessments for that lot. <br />Mabusth stated that if the vacant lot were to be built on, the <br />• tennis court would have to be removed in order to provide an <br />adequate building pad. She said a variance would be necessary to <br />build on the lot without removal of the tennis court. <br />Lowe said he would be willing to put a deed restriction on the <br />vacant lot requiring the tennis court to be removed prior to, <br />building on the vacant lot or upon sale of either lot. <br />Jabbour indicated the affect would be joining the two lots without <br />actually combining.the• lots. <br />Callahan felt they should act on the proposal before them, or refer <br />the application back to the PIannl.ng Commission for further review. <br />Lowe stated the Planning Commission requested him to come up with <br />other options, which he has done. <br />Stephen Peterson Indicated the application did not address several <br />Issues when the Planning Commission reviewed the application. <br />Goetten felt the hardship for this property-is unique as the entire <br />house is located within the 0 -75' zone. She felt that the applicant <br />has gone over and above what normally is. required. <br />It was moved by Jabbour, seconded by Mayor Peterson, to approve <br />App,l i cat i on #1746 for Thomas and Margaret Lowe, 2630 West Lafayette <br />Road, for hardcover .varIances to construct an' add itIon to the <br />existing residence, conditioned upon the removal of non - structural <br />hardcover in the 0 -75' zone, to relocate the shed from the. 0 -75' <br />zone to the 75 -250' zone, and for the City to prepare a Deed <br />Covenant to be signed by the property owners requiring the removal <br />of the tennis court at the time the vacant land is sold or proposed <br />to be built upon. Ayes 3, nays 1. Callahan voted nay. <br />8 <br />