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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2004 7:00 o'clock p .m. *7. #04-3056 DENNIS & EVELYN BRUCE, 3435 LMNGSTON A VENUE - VARIAN CE -RESOLUTION NO. 5256 White moved, Murphy seconded, to adopt RESOLUTION NO. 5256, a Resolution approving the variance to allow a detached garage to be constructed nearer the front lot line than the principal residence located at 3435 Livingston Avenue. VOTE: Ayes 5, Nays 0. *8. #04-3057 DON HENDERSON, 560 BIG ISLAND -VARIANCE -RESOLUTION NO. 5257 White moved, Murphy seconded, to adopt RESOLUTION NO. 5257, a resolution granting a lot area variance for 560 Big Island. VOTE: Ayes 5, Nays 0. 9. #04-3064 DOUGLAS & DEBORAH INGV ALSON, 3460 BIRCH LANE - VARIANCE -RESOLUTION NO. 5258 Gundlach explained that the applicants requested a hardcover variance to permit 53.29% hardcover in the 75-250' zone when 25% is allowed and 53.05% cunently exists. She noted that the Planning Commission voted 6-1 to approve the requested hardcover variance stipulating that the applicant be instructed to remove, at minimum, the new square footage proposed in order to maintain the cunent hardcover level and also an additional 86 s.f. She pointed out that the applicant has agreed to remove 102 s.f. of hardcover where an additional 16 s.f. is proposed. Mr. Cloud, neighbor at 3460 North Shore Drive, questioned how the applicants were able to maintain 53% hardcover when he was required to remove his existing building at the lakeshore, 800 s.f. from his driveway, and build a smaller deck than was originally there when he approached the City for permission to rebuild his deck. He indicated that he was having a difficult time understanding why he was forced to give up so much when his hardcover was 46%, and the neighbor has 53% and a 4-car garage . Betsy Nusbaum, 3480 North Shore Drive , stated that while she did not object to her neighbors' request , she wished to have the City explain how, since hardcover continues to be a problem in this neighborhood with excessive driveways, the Council could approve the 53% request and not ask for a bit more green space to help out with the drainage issues . White stated that according to new rules and regulations in 2004, residents must be allowed to modify their home even in a nonconforming situation . McMillan felt that safety concerns regarding the size of the step wananted the changes, and pointed out that hardcover was being removed in excess of the requirement. Mayor Peterson moved, White seconded, to adopt RESOLUTION NO. 5258, a Resolution granting a hardcover variance in order to construct a new larger covered stoop at the residence located at 3460 Birch Lane, with the required removals, and the addition of 4D that the areas be revegetated. VOTE: Ayes 5, Nays 0. PAGE 7 of 11