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NINWM OF T OBONO COUNCIL !OZ'B'1'ING C! OCTOBER 10, 1988 SOMING FILE #1338 SCNIBILLA CON?INUED require removal of trees. Mr. Bill Wolfe, a neighbor of the Schibillas' further added that the garage would not be in line with the neighboring garages. The proposed location for the garage makes the most sense. Mr. John Nelson, the Schibillas' contractor stated that the pre-existing garage was closer to the railroad property than the new structure would be. Mayor Grabek stated that if a lease could be drafted to address the potential easement situation, he would be in favor of the application. Councilmember Callahan concurred. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to approve the application 11338, and adopt Resolution #2517, conditioned upon the drafting of an agreement between the City of Orono and the Schibillas. The agreement shall provide that if a public easement is found to exist on the Schibilla property, and if the City of Orono ever decides to construct a road on that easement, the Schibillas will raze their garage. Councilmember Goetten asked how this would be handled. City Attorney Barrett stated that if a Proceeding Subsequent ensued, the City would need to go into Court and declare its interest. Assistant Planning ar.d Zoning Administrator Gaffron reminded the Council and Mayor Grabek that the application involved a 1-wo- story accessory structure. Be added that the proposed Resol:staon placed conditions on approval that prohibited using the - rt,+er level for a dwelling and that plumbing could not be installed. The Planning Commission approved the application, citing topography as the hardship. There will be hardcover at 39.60 in the 75' to 2501, which is essentially the same as the previous garage. Gaffron asked whether the language within the Resolution needed to be changed to state that there will be an agreement that could take effect as soon as it is drafted and executed. Mayor Grabek stated that was correct. Councilmember Goetten stated that she would like to see no additional hardcover in the future. Mayor Grabek stated that the City should handle the drafting of the agreement to assure that it contains the necessary provisions. Mayor Grabek asked from where the funding would come? City Administrator Bernhardson stated that the applicant would have to pay for anything over and above the initial application fee. Motion, Ayes-4, Nayss0, Motion passed. •1341 OINUM B. VAUGHAN i TODD f IRSMBBZ 3440 RIMMI N BOAD RtI,NCX INAOW"ON # 2 518 Todd Ziesmer, one of the applicants, was present for this matter. City Administrator Bernhardson explained that the applicants were seeking a lot width variance to construct a home. The portion of the lot where the structure is proposed to be built is shaped like a pan handle. The lot width in that area is 20