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MINUTES OF THE <br />ORONO ciry council meeting <br />Monday, May 9,2005 <br />7:00 o’clock p.m. <br />(#05-3091 Catherine SaUai, Continued) <br />Sallas stated the fencing is on both sides of the property and extends almost to the lakeshore. <br />Murphy inquired whether die motion included removal of the fencing on both sides of the property. <br />White stated it does. <br />Welch stated he is opposed to the removal of the fencing on his side of the property. Welch stated if the <br />fence is removed, the rooftop deck should be removed. <br />Brad Olson stated they have requested that the rooftop deck be removed. <br />Mrs. Olson stated they would prefer the lower deck be left as is and the upper deck removed. <br />Barrett noted this is an after-the-fact variance request and that the Council probably would not have <br />granted a side yard seftiack variance. Barrett stated denial of the variance would be legitimate and that <br />there could be a trade-off by removing some of the other hardcover on the property. <br />Sallas stated she was not aware of the complaint about the deck at the time she purchased the property. <br />Barrett stated the issue for the Council to consider is what is good compensation with respect to the deck. <br />McMillan stated she would like a portion of the lower deck removed. <br />White withdrew his mothm. <br />Jurgens stated this is an after-the-fact variance and that a structural engineer would be required to review <br />the deck. Jurgens stated the deck might need to be removed if it is not structurally sound. <br />Olson noted a variance was denied previously for a roof top deck because it was not considered <br />structurally sound. <br />McMillan Meved, to approve Application #05-3091,3035 North Shore Drive, granting of an after- <br />the-fact lake and side s^ack variances pending stmctural review and approval of the deck and <br />farther sabjcct to the removal of 104 feet of the grade-level deck to compensate for the <br />encroachments. <br />Sansevne inquired whether the deck should be removed to the average lakeshore setback. <br />McMillan stated in her opinion the 104 square foot removal is just compensation for the encroachment. <br />MOTION 0 I ^ »DUB TO LACK OF SECOND. <br />PAGE 12