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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, July 24, 2006 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />5. #06-3196 PAT McNAUGHTON/EDWARD HAMM, 1391 FOX STREET/1401 SHORELINE <br />DRIVE, Continued <br /> <br />City Attorney Brokl stated the 1.8 acre lot is a buildable lot. <br /> <br />Murphy stated he appreciates the work the applicant has done to alleviate the concerns of the neighbors <br />but that the issue he has regarding this application is the process that should be followed in developing <br />these lots. Murphy inquired whether the upper lot would be put on the market. <br /> <br />McNaughton stated Mr. Hamm might purchase that lot if it is a buildable lot. <br /> <br />Murphy stated that lot is a buildable lot and that they are talking about a preliminary plat for the lower lot. <br /> <br />Murphy stated he would like the Council to retain the ability to review the variance for the upper lot at the <br />time the property owner wishes to construct a residence on that site. <br /> <br />McNaughton stated he is comfortable with that assurance and that he just wanted it on public record that <br />the lot is a buildable lot. McNaughton noted he has a substantial financial investment in the two lots that <br />he would lose if the lots are not considered buildable. <br /> <br />Brokl stated depending on what is proposed for that lot, the variance could be granted administratively <br />and the applicant would not have to appear before the Planning Commission or City Council. <br /> <br />McMillan stated the language in the resolution is well written and that the variance application in her <br />opinion is a separate issue from the preliminary plat. McMillan stated she is uncomfortable granting a lot <br />area variance without seeing any house plans for the site. <br /> <br />McNaughton stated he respects the thinking and rationale of the Council but that he just wanted it on <br />public record that it is a buildable lot. <br /> <br />Peterson noted the denial of the lot area variance was discussed at length at the last hearing. <br /> <br />Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5489, a Resolution approving <br />the preliminary plat and denying lot area variances for property located at 1391 Fox Street and <br />1401 Shoreline Drive. VOTE: Ayes 5, Nays 0. <br /> <br />Brokl pointed out the resolution does contain language denying the lot area variances but that the <br />applicant has the ability to withdraw the applications for those two variances. Brokl stated if that <br />withdrawal is not provided in writing to the City, commencing September 4th, the applicant would have to <br />wait six months before applying again for those variances. Brokl suggested the applicant formally <br />withdraw the two variance requests and then reapply for the variances. <br /> <br />Gaffron stated the applicant has until September 3rd to withdraw the variance requests. <br /> <br />McMillan inquired whether there would be a fee associated with that. <br /> <br />Gaffron stated he would need to see how much Staff has incurred to date in costs. <br /> <br />Brokl stated the withdrawal has to be in writing. <br />______________________________________________________________________________ <br />PAGE 5 <br />Item #02 - CC Agenda 08/14/06 <br />Approval of Minutes 07/24/06 [Page 5 of 8]