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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o'clock p.m. (#05-3143 Dan Hessburg, Continued) ' • 1_ t ~ mitigating any issues that the applicant has with a potential buyer and that the buyer should be aware of the issues that exist. Mattick stated to his understanding the City would not delay issuing a certificate of occupancy based on these issues and that the unresolved issues would be between the buyer and the seller. Hessburg stated he received that letter in January and he immediately called the City and the landscaper. The City was notified that the landscaper was out of state for three months on another project. An engineer was retained almost immediately but that he was later told he did not need a private engineer and that the City would attempt to resolve the issues through the City Engineer. Hessburg stated he took extra steps to handle the runoff that was created by the hardcover. Kellogg stated his office had been waiting for a significant amount of time for the applicant's engineer to complete certain work and when that work was not completed, his office offered to complete a portion of the work. Rah~ moved, Murphy seconded, to send Application No. #05-3143, Daniel Hessburg, 774 Tonkawa Road, back to the Planning Commission for their review. VOTE: Ayes 5, Nays 0. 5. #07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MJLBRATH, 1404 BALDURPARKROAD-VARIANCE John Vogstrom, Vogue ICF Homes, and Darrin Hahn, Architect, were present. Turner stated the applicant is requesting a lot area variance, a lot width variance, and hardcover variances. Council tabled this application on July 9th to allow the house to be redesigned to comply with the defined height requirement The applicant has submitted a revised house design that complies with the height requirement. The Council also requested a summary of hardcover and structural coverage for the 1 7 properties on Baldur Park Road. The summary is attached as Exhibit G to the Staff memo. Because there were inconsistencies in accounting for the second 0-75 foot zone (street side) on some of the properties, this second 0-75 foot zone has been combined with the 75-250 foot zone to allow an equitable comparison. Six of the 16 properties were granted width and area variances for new~houses. All included hardcover variances. A hardcover variance was also granted for a new house on a lot that exceeded the minimum size and width requirements . Five other properties have been granted hardcover variances for additions . The remaining four have not received a permit for work that would change hardcover. The drainage issues have been resolved. The applicant will create swales along the side property lines from the street yard to the lake yard. In the lake yard, the swales merge toward the center of the lot and continue to the lakeshore. This arrangement will facilitate drainage of the lakeshore yard of the property to west. PAGE 6 of 17