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ORONO COUNCIL MEETING HELD MARCH 11, 1991 <br />( #5 & #6)ZONING FILES #1493 & #1570- DOWNEY CONTINUED <br />wall where the existing section stops. The walls will come <br />together." <br />Bernhardson noted that the after - the -fact lakeshore setback <br />Variance, hardcover Variance, and Conditional Use Permit have <br />been combined and addressed in one resolution. <br />Mayor Peterson asked if the resolution included language <br />pertaining to the after - the -fact penalty fees. <br />Mabusth replied, "Yes, the resolution does include penalty <br />fees, as recommended by the Planning Commission. The Planning <br />Commission did not feel that the property owner addressed the <br />need for Variances in a timely manner. <br />Jabbour asked if Mr. Downey was the owner of the property in <br />1982 when the garage was constructed. <br />Mabusth replied, "Yes, he was." <br />It was moved by Butler, seconded by Jabbour, to adopt <br />Resolution #2934, as presented. Motion, Ayres -5; Nays -0. Motion <br />passed. <br />(#7)ZONING.FILE #1609 -ALICE BROCK <br />2780 SHADYWOOD ROAD <br />VARIANCE <br />RESOLUTION #2935 <br />Alice Brock was present. <br />Bernhardson reviewed the issues involved with this <br />application as set forth in Jeanne Mabusth's February 13, 1991 <br />memo. He stated that the Planning Commission recommended <br />approval of the after - the -fact deck, but recommended that a <br />stairway be used to exit the second floor of the house rather <br />than a catwalk. <br />Goetten stated that in this case, it would not be <br />appropriate to charge a penalty fee for the after -the -fact nature <br />of the application. She said, "From what I have read, Ms. Brock <br />has tried to make a good faith effort to resolve the situation." <br />Goetten indicated that she would not approve a catwalk, <br />though she did not object to Ms. Brock's request to have an <br />additional exit from the house in the event of fire. <br />Jabbour said, "The City is in the process of reviewing the <br />:issue of eaves and ducks as hardcover. We are trying to <br />determine the degree structure can protrude outside the parameter <br />of the house at a certain elevations;;, without being considered ,. <br />=KIM <br />