02-11-1991 Council Minutes - Laserfiche WebLink

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ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 OTHER - SWIMMING POOL /PLASTIC HARDCOVER CONTINUED It was the consensus of Council that appropriate measures be taken at this time. It was moved by Callahan, seconded by Mayor Peterson, to conceptually adopt a policy stating that the water surface area of swimming pools will be considered hardcover, and that any landscape plastic existing within the 0 -75' setback area is there illegally and should be removed. Landscape plastic will no longer be accepted as tradeable "existing hardcover" when considering zoning applications requesting additional structural hardcover. Staff is directed to prepare the appropriate language for such a policy and present it to Council at their February 25, 1991, meeting. Motion, Ayes -4 Nays -O. Motion passed. $1611 BRUCE & CAMILLE CURTISS, 1920 FAGERNESS POINT ROAD AFTER- THE -FACT VARIANCE RESOLUTION #2924 Camille Curtiss and her attorney, Jeff Mohr, were present. Bernhardson stated the purpose of the Curtiss's application, noting that the Planning Commission had recommended approval with a five to one vote. Gaffron provided Council with photographs of the deck. He stated that this property has been involved with previous zoning applications and that was the basis for the minority Planning Commission vote. He said, "The Curtisses have paid an after - the -fact Variance application fee. The Planning Commission recommended that an after -the -fact building permit fee also be paid. The deck is approximately the same size and shape as the old deck." Goetten stated that after - the -fact applications put the Council in a precarious situation. She said, "Council has usually voted to approve these somewhat reluctantly because we do not approve of blatant disregard of the City Ordinances. Perhaps this is another issue we need to re- examine." Callahan agreed that these applications are difficult. He said, "In this case, we would have granted the application. I believe that the after -the -fact fees paid by the Curtisses constitute a sufficient penalty." Mayor Peterson said, "It is my understanding that the issue of the footings will be addressed by the Building Inspector. If the footings do not meet the building standards, the deck must be rebuilt." Ms. Curtiss said, "We did not totally replace the existing deck. We had a friend that fell off of the deck because the railings are too low. We have'smal'l children and were concerned - 11 -