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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 8, 2006 7:00 o'clock p.m. (4. #OS-3I36 TROYBROITZMAN, 1 S60 SHORELINE DRIVE, Co�zti�iued) Brokl stated that the Council does have the right to give conditional approval,which the applicant can choose to accept or not,but the Council must get to their question. With regard to hardcover, Gaffron interjected that he felt there was adequate available hardcover to use for a driveway running to the County Road. In fact, Gaffron mentioned that a credit could be given for unused hardcover in the 75-250' zone. VOTE: Ayes 2,Nays 3. Mayor Peterson,McMillan, and White dissenting. Motion failed. Murphy moved,White seconded,to deny the application. Brokl stated that if the Council chooses to deny the application,the applicant could reapply in 6 months with a different plan. Gaffron reiterated that the applicant cannot come back with the same plan for 6 months. Broitzinan stated that he would prefer the Council not vote to deny and asked for more clarification. He indicated that at the last meeting, Sansevere stated that he would approve the application if the applicant addressed the drainage, which he felt he had done. Murphy stated that not only did the Council feel that drainage was an issue,but that the footprint and scale were in question as well. He suggested the applicant return with a house design of a different scale. Broitzman stated that he felt the massing had been minimized near the lake. Sansevere interjected that,having quickly reviewed the minutes from the last Council meeting, he had not stated that drainage was the only issue standing in the applicant's way for approval.He read from the minutes his comment that the applicant downsize the footprint of his home and that the applicant at that tirne continued to use his neighbor's properties to resolve his problems. Broitzman stated that he was not going to go away and that he had every right to build the house he chooses on his property, which he felt he had done to the letter of the codes.He asked for more direction on the massing and footprint. Sansevere stated that it is the Council's charge to hold Orono to a certain standard that exists here and suggested the applicant consider compromising or be denied, Broitzrnan stated that he had compromised from his original design of 19,000 s.f. and asked the Council to table the application. Brokl pointed out that the 60 day extension would run out in June and that the Council would need to vote up or down by then. Broitzman acknowledged that he would be willing to sign an extension. PAGE 9 of 17