09-13-2004 Council Packet - Laserfiche WebLink

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Mayor and City Council Page 3 September 8,2004 property shall not exceed “2-1/2 stories or 30 feet” in height. The “policy*’ dated November 25,2002 indicates that where the Orono zoning code limits the height to a building of ‘2-1/2 stories or 30 feet’* the building must comply with tlic story and footage limitations. In other words, the “poUcy” changes the word “or ” to “and.” Again, this “policy ” contravenes the City Code and results in a lower elevation point for purposes of measuring. 3. Conditional Use Permit on height of structures. The City Code in Section 78-1366 provides that the height limitations imposed by other provisions of the chapter may be increased by conditional use permit by 50% when appUed to a number of structures including church spires, belfries, cupolas, and domes which do not contmn usable space, etc. The high peak on one portion of the proposed Render house is similar in nature to a cupola, a church spire or similar items which rise to a high peak, but do not contain usable space or impose a massive stmeture on the neighborhood. Included with this letter is a drawing which shows the nature of tlic proposed house and the fact that the peak of the one section of roof does not amount to an intrusion on the neighborhood. The peak or spire in the roof is ornamental in nature and an added amenity rather than a detraction. Under the c.xisting regulations the Rend'^ could have designed a house with a much more massive height and intrusion into the neighborhood. However, this peak is only omaroenial in nature and should not constitute grounds for denial of a building permit. Accordingly, we respectfully request that the City Council review the administrative decision of staff and issue a building permit for the Render home. Thardt you for your consideration of this matter. Very truly yours, Allen D. Barnard adbVrys Enclosure James D. Render Thomas J. Banetl cc: P.S. After dictating the above letter, 1 received a copy of Mike Gaffiron ’s September 2, 2004 memo to Mr. Moorsc, the Mayor and Council. I was very surprised by the negative, adversarial tone of the memo. Mr. Render thought be was woddng this out with the City and thought that it was merely an interpretation issue for