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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Moadty« Jim 13,2005 <br />7:00 o’dock p.m. <br />(M5*3110 Tkomas ud Sheila Browae, Coatiaucd) <br />The Planning Commission voted 4*2 to recommend approval of the lake setback variance in order to <br />construct a second story dormer but recommended denial of the lake setback and hardcover variances in <br />order to construct the garage addition. The dissenting Commissioners stated they would be in favor of a <br />smaller garage addition with some additional hardcover removals. <br />Curtis stated the applicant is proposing a smaller sized garage with some additional hardcover removals. <br />Planning Staff recommends approval of the lake setback variance in order to construct the second floor <br />dormer not extending outside the existing home footprint. Planning Staff, however, recommends denial <br />of the lake setback and hardcover variances for the garage addition. Should the Council find that a <br />hardship exists with respect to the revised garage addition, appropriate hardcover removals should be <br />discuss^. <br />Browne addressed the Council concerning the rationale for requesting variances, noting that they are <br />approved if there are health or safety issues, traffic conditions, light and air, danger of fire, risk to the <br />public safety, and die effect on values of property in the area. Browne noted variances are recommended <br />fm approval where strict enforcement would cause undue hardship because of circumstances unique to <br />the individual property. <br />Browne indicated his property is unique. At the time it was purchased in 1977, it vras considered <br />marshland. Browne stated the house was approximately 1000 square feet and that the improvements he <br />made to the house over the years complied with City’s regulations and that he did not attempt to construct <br />a multi*million dollar house on this lot. In 1992, the DNR changed the classification from marshland to a <br />lake. Browne indicated in his opinion there is no useable lake area. Browne stated he would like to <br />construct a garage addition over existing hardcover and that he is not requesting a major addition to his <br />house. <br />Browne noted the house is fully guttered, with the majority of the runoff being diverted to the road and/or <br />the grass area before it enters the marshland. Browne stated in light of the other approvals that have been <br />granted in the past by the Council, he should be given the right to add a stall to his garage. <br />Murphy indicated he did visit this site and inquired what the total square footage would be with the <br />garage addition. <br />Curtis indicated the garage addition would not increase the hardcover on the lot and that the applicant <br />with the revised proposal is requesting a 14’ by 19’ garage rather than an 18 ’ by 20’ garage. Curtis noted <br />the applicant is also proposing some additional hardcover removals on the north side. <br />Murphy inquired what the rationale was for the two Planning Commission members for recommending <br />the reduction in the size of the garage addition. <br />Winkey stated the three primary issues were the potential massing, the encroachment on the lake, and the <br />close proximity of one comer of the garage to the wetland. Winkey stated some of the planning <br />commission members felt that a bigger reduction m hardcover would be appropriate if the garage addition <br />were approval. <br />PAGE 3