11-13-2000 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING October 23,2000 (1^2630 Gregg and Stephanie Larsen, Continued) any City approvals. The Applicants are requesting that the amount of hardcover be increased from the amount that w’as existing prior to the removal of the deck to allow a larger patio than the 135 square feet. Staff recommends approval of the 0-75’ variances for replacement of retaining walls as proposed, subject to a vegetative screening plan to be approved by Staff prior to issuance of a land alteration permit for the walls. Staff also recommends approval of a 75-250 ’ hardcover variance subject to the four conditions outlined in Staff’s October 19,2000 report, for a total hardcover in the amount of 3,730 square feet. Larsen requested that he would like to keep the two items separate, with the retaining walls being kept separate from the patio request. Mayor Jabbour commented that the City Council is looking at the whole property. Larsen stated he was informed it could be handled separately. Mayor Jabbour stated if the Applicant does not wish the City Council to act on one portion of his application, he can so indicate. Larsen stated there was a misunderstanding with the Planning Commission as to the amount of existing hardcover that would be allowed to remain on the property. Larsen stated it was his understanding it was implied during the meeting that he would be able to keep the same amount of hardcover that was e.xisting on the property no matter where it came from. Mayor Jabbour stated it is City’s policy not to trade a legally non-conforming piece of hardcover and make it legally conforming. Jabbour stated the City does not trade plastic for hardcover. Jabbour stated according to the records the City has, a number of these items should not exist since the prior property' owner did not receive approval for them. Larsen stated that is the reason why they would like to keep the two items separate. Larsen stated he w'ould like the patio portion of the application tabled. Mayor Jabbour stated the City must act on an application within a certain specified period of time, with a denial meaning the Applicant cannot bring the application back before the City Council for six months. City Attorney Barrett stated in his view it would be acceptable to withdraw that portion of the application subject to the Applicant submitting the request in writing. Larsen inquired whether they could withdraw the patio portion of their application. Mayor Jabbour stated the Applicant could withdraw any portion of his application. Larsen requested the City Council act only on the portion of his application dealing with the retaining walls in the 0-75’ zone. PAGE 10