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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 24, 2009 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT *4. 09-3417 STEPHEN & SUSAN MOSELEY, 1635 BORNS POINT ROAD -VARIANCES - RESOLUTION NO. 5860 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5860, a Resolution Granting Variances to Municipal Zoning Code Sections 78-1279 and 78-1288, for the property located at 1635 Bohns Point Road. VOTE: Ayes 3, Nays 0. *5. 09-3421 JAMES AND JACQUELINE NEVE, 4060 DAHL ROAD -SETBACK VARIANCE Bremer moved, Franchot seconded, to direct Staff to draft a resolution approving a side setback variance for the property located at 4060 Dahl Road. VOTE: Ayes 3, Nays 0. 6. 09-3427 AL SERAN, 4099 IDGHWOOD ROAD -VARIAN CE RENEWAL Mr. and Mrs . Al Seran, Applicants, were present. Curtis stated the applicants have requested that the City Council waive the public hearing at the Planning Commission level. Hardcover variances and side setback variances were granted last June and expired this past June . They were unaware that the variances had expired . The applicants have requested that the City Council hold the public hearing at the next City Council meeting. Al Seran stated he was surprised when he went to get his building permit that the variances had expired and that he had thought the approval was good for two years . Seran stated he would like to get started on his project as soon as possible before wintertime, but that if he has to reappear before the Planning Commission and then the City Council , it would cause him to miss his deadline . Seran noted he also has some medical conditions and that he would like to have this taken care of as soon as possible. Seran noted a tree has fallen on the garage and that he would like to have that removed and rebuilt. He has met with all of his neighbors within 150 feet and discussed this project with them personally and they had no objections at the Planning Commission meeting . Murphy noted that the action required by the City Council tonight is to approve moving this forward to the next City Council meeting and to waive the public hearing at the Planning Commission level. Murphy asked whether anything has changed with the applicant's plans. Seran stated when the City originally approved his neighbor 's application, it depicted a drain tile on that property, which was never installed . Mrs. Seran noted the City Engineer had stated that the concept of routing the road drainage along the west property line is workable. It appears that the adjacent property does not have the swale that was part of its approved grading plan . There was an 8-inch and a 4-inch drain tile under the swale. These drain tiles have been plugged or removed so the applicant's property receives all of the road drainage . Staff is trying to determine the status of the drain tile. Mr. Seran noted that drain tile was never installed. PAGE 6 oflO