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ORONO CITY COUNCIL MEETING <br />MONDAY, FEBRUARY 11,2002 <br />*5. #01-2709 Rich and Anne Shuil—2285 French Creek Road —Changes to <br />Approved Plan—Continued <br />for adoption. <br />Vote: Ayes 3, Nays 0. <br />6. i^01-2730 Ace Properties, 3375 Cry stal Bay Road—Variances <br />Larry Palm was present. <br />Weinberger stated the applicants planned to remove an existing building and construct a <br />house on the residential site. He kept the application off the Consent Agenda because he <br />received a new plan just before the meeting. <br />The surveyor had found that the house was actually to be located 9.7’ and 9.8’from the <br />side property line where a 10 ’ setback is required, which would be in addition to the <br />variances listed in the staff report. The first variance was to lot area and lot w idth where i <br />'A acre and 100 ’ are required. He stated the lot was of the type for which the City <br />routinely grants variances. The second variance was to allow hardcover in the 0-75 ’ <br />zone and to permit greater than 25% hardcover in the 75 - 250 ’ of the lakeshore. Also, a <br />variance was required to allow encroachment into the 30 ’ rear yard setback. <br />The Planning Commission recommended the house not exceed 1,500 s.f. The actual <br />foundation of the building was 50 ’ x 30 ’. exactly 1,500 s.f. A cantilever at the rear of the <br />house extends the floor space slightly, pushing the floor space over 1,500 s.f. Weinberger <br />stated that the cantilever could be a bay window or a bay that would not extend the floor <br />space of the house. <br />Mr. Palm stated that their previous survey had shown that they met the 10 ’ side setback <br />with the house at 30 ’ x 50 ’. He was notified that aflemoon before the meeting that the <br />survey had been redone and they were slightly under the required side setback. He stated <br />they were willing to change the cantilever by installing a bench seat so the floor space is <br />not increased. <br />White asked if approval would set any unwanted precedents. Barrett stated the Council <br />had held to the 10 ’ lot line rule in the past. Nygard stated the land could provide a <br />hardship because of the rear yard setback. Mr. Palm stated that losing even a few inches <br />off the size of the house would negatively impact their plans. They had already <br />downsized as much as possible based on Planning Commission recommendations, and <br />had difficulty fitting the stairs into the plan they presented. <br />Barrett suggested having staff draft a variance resolution with as much case-specific <br />language in it as possible regarding the land and construction issues on that particular lot.