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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 24,2013 7:00 o'clock p.m. (9. 4440 FOREST LAKE LANDING—ENCROACHMENT AGREEMENT, Continued) Joe Church, 6175 Stone Court, Independence, stated the driveway is currently 17 feet wide. Due to the retaining walls located at the edge of the driveway, it is impossible to get two cars in there and open the doors on the vehicle. Church indicated they are also unable to back up without running over the neighbor's flower garden. Church stated he is proposing moving the retaining wall back five feet to allow for more room to open the doors of the vehicle if you are parked in the driveway. Church indicated he has not put together the exact dimensions at this time. Anderson asked if the driveway could be relocated. Anderson stated if they remove the steps and patio, she is assuming the property owner will come back with a variance request to relocate them somewhere on the property. Church stated he is requesting they be allowed to keep the patio and widen the driveway. The driveway is a concern because they do not want to cause any damage to vehicles and they do not want to park on the fire lane. The relocation of the retaining wall would make the whole situation much more conducive to allowing two cars in the driveway. As it relates to the existing patio, Church stated in his view,he does not feel it is in the way and it was pre-existing prior to their purchase. Church noted there have already been a number of improvements made by the neighbors in the area of the fire lane and that he understands if the City requires use of the fire lane,the patio and well would need to go away, but that he is requesting permission to keep them at this time. Printup asked if this is the same fire lane that came into question a few years back. Mattick indicated it is. Struve noted the other side of the fire lane also had significant improvements made to it by another property owner and that Staff would be requesting that they also sign an encroachment agreement to make everyone fully aware of the situation. Mattick stated if there are concerns about requiring the removal of certain items, since the applicant is going to submit a plan for the driveway,that perhaps the applicant could suggest what he would want to remain under the encroachment agreement. Mattick asked if the driveway application would come before the City Council. Gaffron stated the difficulty is granting a variance on property that is dedicated right-of-way and not expansion of hardcover within the actual building site or lot. Gaffron indicated he is not sure how the Council could grant a variance to something located in a right-of-way or how the application should be brought before the Council. Gaffron noted expansion of the hardcover is not being done on the property, which is why Staff is proposing an encroachment agreement. Page 10 of 15