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. � o.�,. .. � .. • � � � . - CITY of ORONO 3 � +,:.�' . 17'1 a � �� G�' .RESOLUTION OF THE CITY COUNCIL . `9kESI304 � NO. � O � '� � 4. The applicant purchased the home in November 2002 and prior to closing inquired of the City as to whether the property was in compliance. As no Certificate of Occupancy had yet been issued nor requested,and no inspections had been called for in more than a year, staff visited the site and concluded that hardcover appeared to � potentially be excessive. The applicant then executed an agreement drafted by the � City Attorney to allow temporary occupancy while the matter of excessive hardcover was resolved. Applicant then had an as-built surveyperformed,which confirmed that the hardcover was at 50.8%,in excess of the 35% allowed, and portions are outside of the property boundaries and potentially encroach on required wetland setbacks. � 5. The Orono Planning Commission initially reviewed.this application proposing a , reduction to 45.9% hardcover on June 16, 2003; tabled the proposal for further reductions,andreviewedarevisedproposalforhardcoverremovalsonJuly21,2003. , . Planning Commission voted 5-2 in favor of a recommendation to allow hardcover • level of 39.7% on the property per the revised proposal. 6. On July 28, 2003 the City Council voted 4-0 to approve an after-the-fact variance to allow hardcover on the property to exist at a level of 39.7%, based upon the following unique findings and hardships: A. •Due to the site layout and variety of locations and elevations of access points for the property,there is a practical difficulty in providing for vehicular and pedestrian accessibility to the residence without the levels of haxdcover . proposed. B. The circumstances leading to the need for excess hardcover include an original � hardcover proposal that did not completely indicaie the mabmitude of � � hardcover that would be needed to service the site; and the fact that the applicant in good faith purchased the property under an expectation that the � hardcover excesses could be readily eliminated, and only after the purchase � learned of the actual extent of the excess. C. The proposed hardcover at 39.7% where 35% is normally allowed is a reasonable compromise by the applicant in light of the history of the property, � and the reductions as proposed will result in a level of hardcover that is necessary to provide reasonable accessibility to the residence, and will. � . Page 2 of 6 . .