09-27-2004 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 13,2004 7:00 o’clock p.m. (James Render, Appeal of Administrative Decision, Continued) Gaffron stated it does, citing Willow View as an example. Gaffron stated the grade in this particular subdivision was raised and then left there for a number of years. Gaffron stated in his view it is unreasonable and inconsistent to use a grade that used to exist on this property as existing grade. Gaffron stated the defined height in Staffs perspective is the difference between the upper measuring point of 972.9' and the lower measuring point of 936.3', resulting in a defined height of 36.6’, which exceeds the 30' limit. Gaffron noted if the architect ’s analysis is used and they are given all the benefits of the doubt without the policy being applied in this case, the defined height would be 29.2 ’. Gaffron indicated Staff does not agree with the architect ’s analysis. Gaffron stated in his opinion the real issue before the Council tonight is to decide whether the proposed height of the residence is acceptable or not and whether it meets the intent of the code and the intent of the policies. In Staff s perspective, the height of the proposed residence is too high and does not meet the criteria for a hardship. Gaffron indicated one option discussed has been changing the peak to a cupola design, which might qualify for a conditional use permit if there arc no negative impacts with the excess height. Render stated it was not his intent when he first started the process of designing this house to bend the rules or try to do anything unusual. Render stated in his opinion the City ’s policy docs not fit this particular situation. Render explained they attempted to design a house that would look like it had been there for a long time and would blend in with the rest of the neighborhood. Render stated his architect worked within the information that was available to them and designed a house that they felt fit within the guidelines as they understood them. Render gave a brief history of the property and the grading that has occurred within this subdivision. Render noted the property was originally platted in 1907. At some point in the mid 1950’s, three lots w ere combined and a home was built upon them. Render indicated he purchased the property in late 1997, and approached the City requesting that the one lot again be replatted into three lots, which was approved in 1998. In July of 1998, the existing home and foundation was removed. During the demolition of the structure, some bad soils were encountered and extensive soil correction was completed on the property. Render noted approximately 3000 cubic yards of poor soils were taken ol’f the site at that time. In September of 1998, the City requested a letter of credit, which w as provided, for the site improvements with the first addition called Tonkawa Shores Addition. Render indicated approximately SI0,000 of the letter of credit was for importation of fill and grading of the site to the approved grade at that point in time. In November of 1998, construction began of the house located at 1350 Tonkawa. In September of 1999, the City requested an extended letter of credit, w hich was provided, because the road and grading had not been completed. In late September 1999, a fourth lot was purchased, w hich then became 1355 Tonkawa. Render stated an application was made to the City to make the four lots into three lots, which w'as approved. PAGE 6