08-14-2000 Council Packet - Laserfiche WebLink

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■ MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, JULY 24, 2000 («I2600 BRIAN KERBER, Continued) Kerber stated he would be happy with the 60 ’ by 36' structure. Kerber inquired whether he would be allowed under the City Code to construct two 2,000 square foot buildings on his property. Weinberger indicated the Applicant would be permitted to have one oversized acccssor\' building, with the maximum square footage for a lot of this size being 4,000 square feet. Weinberger stated the Applicant technically could construct one accessory building consisting of 2,000 square feet and Uvo buildings consisting of 1,000 square feet under current City Code. Kerber commented if he is unable to consuuct a 2,160 square foot building, he would need to consider the possibility of constructing another 1,000 square foot building on his property. Kerber stated if he is allowed to construct a building consisting of 2,160 square feet, he would not need lO construct another structure on his property. Kelley commented that there apparently is a flaw in the zoning code that needs to be reviewed further by the City Council. Kelley stated in his opinion the opportunity to construct three structures on the property totaling the allowable 4,000 square feet was not the intent of the code. Kelley stated he is not in favor of allowing two additional 1,000 square foot buildings on this property in addition to a 2,000 square foot building. Sanscvcrc inquired whether there was a minimum spacing permitted between the structures. Weinberger stated the property owner would need to keep a minimum often feet between the structures unless a fire wall was constructed. Mayor Jabbour commented in his opinion this is a reasonable request by the Applicant. Kelley commented in his view the City Council is being placed in a position where they have to approve the variance or the Applicant will build another structure. Peterson commented the Applicant would still be able to construct another building under City Code. Kerber commented he docs not want to have to construct another building on his property and would be happy with the 2,160 square foot structure. Peterson inquired what the hardship is to allow the variance to the oversized accessory' building. Mayor Jabbour stated in his view the Applicant would need to waive his right to construct one of his 1,000 square foot buildings if the variance is granted. Jabbour inquired w hether the Applicant would be willing to give up his right to construct one of his 1,000 square foot buildings that he is permitted under City Code if the variance is granted. Kerber reiterated he docs not want to construct another building on his property and would prefer to construct the 2,160 square foot building. Tom Barrett, City Attorney, stated in his opinion the City could request the Applicant give up his Page 4