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I •• • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 11,200-7 z 7:00 o'clock p.m. (9. #05-3135 ALLEN MUNSON, 3165 NORTH SHORE DRIVE, Continued) Gaffron stated the City does not have a specific requirement in their ordinances that requires the applicant to file with the City the easement. Munson indicated he has spoken with all of his neighbors concerning the fill being brought in and that the neighbors are all in agreement that the road would be redone once the project is completed. McMillan inquired whether a swale would also be created for the rain garden. Gaffron stated it is anticipated some grading and seeding would occur in connection with the rain garden. McMillan inquired whether there are any restrictions regarding that work in the 0-75' zone. Gaffron stated Staff does have the ability to issue land alteration permits for up to 10 cubic yards of movement, which would cover rain gardens,but that the City does not have any specific ordinances addressing rain gardens at this point. Murphy moved,White seconded,to adopt RESOLUTION NO. 5551, a Resolution Granting a Conditional Use Permit,for the property located at 3165 North Shore Drive. VOTE: Ayes 5,Nays 0. 10. #06-3189 TERRY AND SUZANNE JOHNSON,543 PARK LANE—VARIANCE— RESOLUTION NO. 5552 Terry and Suzanne Johnson,Applicants,were present. Gaffron stated the applicants are requesting lot area,lot width,average lakeshore setback and 75-250' zone hardcover variances in order to construct a new single-family home on their property. This application was before the Council in August. At that meeting the application was approved and the applicants were directed to have their final survey drafted as well as provide Staff with the final home • plans. • During the final review Staff noted that the proposed home has a 1.5-foot encroachment for a 7-foot wide cantilevered area off of the dining room. While the Council's direction to the applicants was to meet the 10-foot side setbacks in revising the plans for the house,the applicants realized that this was one area that they felt required the additional 10.5 square feet of area or 1.5-foot encroachment. The applicants are requesting a variance for an 8.5-foot side setback for the 7-foot area where 10 feet is required. The Planning Commission voted 6-0 to recommend denial of the variances back in April of 2006. Gaffron stated Staff feels the encroachment of the cantilevered area is fairly minor in its visual impact to the neighborhood. The resolution has been drafted to allow the 1.5-foot encroachment,but Council should discuss whether this setback variance request is reasonable. Murphy q inquired whether the bump-out is to accommodate a fireplace. P p Mrs. Johnson stated the bump-out is a built-in storage area and is basically the size of a window seat. Johnson indicated the bump-out does not extend from the floor to the ceiling. The bump-out was PAGE of 17