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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 27 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Cornick stated in his view it is time to make a motion and vote on the issue. Cornick moved, Levang seconded, to direct Staff to draft a resolution denying rezoning on Application No. 14-3686, John Bessesen and Tom Wasmoen on behalf of David Delaney, 2500 Kelly Avenue. McMillan stated in her view multi-family is not appropriate for this site. McMillan stated clustering of single-family homes would help preserve some of the woods on the property but that she is not going to redesign the plan. VOTE: Ayes 4, Nays 0. (Recess taken from 9:46 p.m. to 9:51 p.m.) 8. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – RESOLUTION NO. 6490 McMillan noted before the City Council tonight is a denial resolution for 1565 Orchard Beach Place. Gaffron stated the City Attorney has had a hand in drafting the denial resolution which it is before the City Council for adoption. Levang stated she has read the resolution very carefully in addition to visiting the property multiple times. Levang indicated she has listened to the comments and read the letters that have been sent. Levang stated she feels very comfortable with the resolution and that in her view the records very strongly show that this was a commons lot. Levang stated the record also shows that there are so many variances that would be required that it would make the lot very tiny. Levang noted the City Council has given the applicants an opportunity to submit a new plan and they did not. The applicants instead came back with a picture and dropped in a house but did not submit any new information. Levang stated based on that, she is not amenable to changing anything and that she is in agreement with the resolution. Cornick stated absent any new credible, believable, and workable plan, the City Council should go forward with the resolution. Levang asked if there is any representative present tonight for the applicant. Gaffron noted no one is here on behalf of the applicant. Gaffron indicated notice of the meeting was sent a couple of weeks ago and that Fred Johnson did call earlier today and asked if he needed to be at the meeting. Walsh stated in the past the City has been pretty particular about its setbacks but the thing that the City does have the ability to change is the average lakeshore setback. City Council Meeting April 27, 2015 Page 29 of 257