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.. ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 5. #2567 Walfred Properties, 2380 Shadywood Road-Commercial Site Plan Review-Resolutions No. 4474 and 4475-Continued Flint moved, and Peterson seconded, to approve Resolution No. 4475 vacating an unimproved lane within the plats of "Wiley's Navarre Addition" and "Lafayette Ridge." Vote: Ayes 4, Nays 0. • *6. #2569 W. Duncan MacMillan and William Waldron, 1880 and 1700 Fox Street-After-the-Fact Conditional Use Permit-Resolution No. 4476 Peterson moved, and Sansevere seconded, to approve Resolution No. 4476 granting an After-the-Fact Conditional Use Permit per Municipal Zoning Code Section 10 .03, Subdivision 19-21 to permit excavation of greater than 500 cubic yards for construction of a pond. Vote: Ayes 4, Nays 0. 7. #2581 John and Kristin Gehring, 1687 Concordia Street-Variances-Resolution No. 4477 Wendy Bottenberg stated that the Planning Commission passed the plan unanimously, but staff asked the item not be placed on the Consent Agenda so that the Council could review the memo from Mike Gaffron, which points out the staffs concerns . Mr. Gehring stated that he has worked hard to minimize and reduce hardcover on the property. The new application meets side yard setbacks and they are within the 15% structural hardcover, and have brought the hardcover in the 75-200 foot zone to 26.7%. He wants to build his new house 42 feet from the lakeshore because that is the average lakeshore setback. It would keep him in alignment with the other 5 neighboring properties. He also stated that they sit at the bottom of a hill and have drainage issues . His neighbors have supported his application. If he moves his house back, he will have sight line issues because of his neighbors' houses and it would also create privacy issues with the neighbors. Gaffron stated that when the Palms rebuilt, they were originally given a variance for an addition at the 39 foot line, but when they found their foundation was unstable, they were forced to move back to the 50 foot line. Staff is proposing that the Gehring house be set back at the 50 foot line . They agree that the 75 foot line creates drainage issues for the applicant. But if the house were to be located closer to the shore than 50 feet, it would result in large houses sitting too close to the lakeshore, which would be inconsistent with the City's goals. Sansevere asked Mr. Gehring what his issue was with moving the house from the 42 foot line to the 50 foot line. He responded that moving the house back creates lake view 4