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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23, 1998 (#16 -#2346 Mark and Pamela Palm -Continued) Goetten was informed that the building envelope and the applicant's plan to build up in order to not add any structural coverage . Goetten questioned how close the neighboring house is to the residence . Van Zomeren said the neighboring home is not as close as the pictures make it seem. The neighbors have signed the acknowledgment. Jabbour moved , Flint seconded, to approv e Resolution No . 4056. Vote: Ayes 4, Nays 0 . (#17) #2348 MARY JANE HAUSER, 1540 BOHNS POINT ROAD -VARIANCES Mr. Hauser was present. Bressler presented pictures of the property and distributed full sized surveys. The proposal is to construct a new residence requiring a hardcover variance in the 75-250' lakeshore setback. The previously proposed stormwater detention pond has been deleted from the plan. The Planning Commission recommended approval for 25. 9% of hardcover in the 75-250' setback where 29.8% hardcover was proposed by the applicant. The deck had been larger and the loop driveway was reduced . Bressler noted the plan of the applicant if the variance is denied . The driveway would come straight in through a treed area . The hardships noted by the applicant involved cu ting trees and ettect on grading, relocation of utility poles, and headlights shining into neighboring homes . The proposed driveway would reuse the existing driveway and grades. Goetten asked for the hardcover calculations for the driveway . Bressler indicated the driveway was initially proposed at 3172 s .f but has been reduced approximately 800 s.f to 2390 s .f The driveway is included in two zones but would not adversely affect the 250-500' setback. Hauser related the history behind the property and the application. The hardcover in the 75-250' lakeshore setback has been reduced from 32% to 25.9%. He indicated the problem is with the existing grades. Hauser said the house as proposed could be built without a variance if the driveway were to come straight out from the garage. This would require 5' retaining walls on both sides of the driveway .. The garage would affect sight lines . He reiterated the headlight problem as well . Jabbour suggested reducing the size of the house. Hauser said he has already done that indicating that he felt some of the rooms were now substandard . Jabbour informed Hauser that the Council's obligation is to the ordinance and not to the neighborhood. He stated that if this proposal was approved, it would set a precedent. Jabbour said he needs to base his decision on hardships and how the land was made. 22