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t-n- -vV <br />MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, November 22,2004 <br />7:00 o’clock p.m. <br />10. #04-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS & AMANDA <br />WALSH, 1354 REST POINT LANE - VARIANCE - RESOLUTION NO. 5259 <br />Gundlach explained that the applicant requested a hardcover variance to permit 30.1% hardcover <br />within the 75-250’ zone when 25% is allowed, 44.91% exists, and 29.9% was approved in 1999 in <br />order to tear dowTt and rebuild the existing westerly addition. In addition to staff s <br />recommendations, the Planning Commission recommended approval with the following edits, <br />public works recommends that a suitable amount of gravel is needed, adjacent to the curve of Rest <br />Point Circle, for the purpose of winter snow storage, and that restoratioa preservation plans for the <br />bluff must be approved prior to the final inspection for the proposed addition. <br />Dennis Walsh stated that the numerous creeping happenstances happened prior to his purchasing <br />the property by the previous owners who were master gardeners. He stated that the only issue he <br />found with the resolution was the requirement pertaining to the gravel up top. He pointed out that a <br />large portion of the gravel ‘parking lot’ is used for snow storage every winter, since there is no <br />where else for it to go. He asked that either the gravel be allowed to remain or for a better solution <br />than trying to re-landscape the area, since the snow storage will continue and kill any vegetation he <br />puts there. <br />Murphy questioned whetlier blacktopping the area and putting up a small wall would help the <br />situation. <br />Walsh stated that he did not mind leaving the gravel there, since it allows for additional parking in <br />the neighborhood, which is lacking. <br />Since she felt he was giving the City some right-of-way, McMillan stated this posed a hardship to <br />the applicant which warranted his request, since his gravel benefits the City and neighborhood. <br />McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5259, a Resolution <br />granting a hardcover variance for 1354 Rest Point Circle, allowing the snow removal area on <br />the north to remain, as well as, the southerly portion of the upper gravel area to remain. <br />VOTE: Ayes 5, Nays 0. <br />After the applicant had left the Council Chambers, Moorsc questioned whether the applicant should <br />be required to grant an easement, lo ensure continued use of the area for snow storage. Gaffron <br />attempted to catch the applicant in the parking lot but he had already lell. White agreed that an <br />casement would be appropriate, and suggested that the application be reopened. <br />While moved, Sansevere seconded, to reconsider RESOLUTION NO. 5259. VOTE: Ayes 5, <br />Nays 0. <br />White suggested that the applicant be requested to grant an easement, and if he agrees to the <br />easement, tlic resolution can be amended and on the ne.xt meeting’s Consent Agenda. If he doesn ’t <br />agree, he should appear at the next meeting to discuss the issue. Barrett suggested tabling the <br />reconsideration and this w ill allow the resolution to be redrafted and easement to be pursued. <br />PAGE 8 of 11 <br />J