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1\-IINUTES OF THE REGULAR ORONO CITY COUNCIL M::EETING HELD ON MARCH 13, 1995 (*#7) #1990 ROBERT \V. CARLSON, 710 GANDER ROAD -VACATION OF EASE:MENT -RESOLUTION #3538 Goetten moved, Kelley seconded, to adopt Resolution #3538 for Robert W. Carlson of 710 Gander Road for a vacation of easement. Ayes 4, Nays 0. (#8) #1992 JA.1'\1.ES AND JOA.1'& JUNDT, 1420 BRACKETTS POINT ROAD - CONDITIONAL USE PER.t\-IlTN ARIANCES -RESOLUTION #3539 Gary Benson of Kraus Anderson Construction represented the applicants. Mabusth reponed that this application is for hardcover variances in the 0-75', a variance to allow for major repair of an oversized accessory super structure to include replacement of the upper portion of greenhouse with new aluminum and glass super structure and repair of brick foundation wails, and setback variances for structural repairs to the accessory garage, and a conditional-use pennit and 0-7S1 setback variance for the replacement of a retaining wail at the entrance to the lower level of the greenhouse. The accessory structure was formally recognized in October of 1993 as a nonconfonning structure as it exceeds the allowed 3000 s.f in area for an accessory structure, which results in any structural repairs requiring variance approvals. Major repairs to the three- car garage include new fascia, roof, insulated windows and doors , and rafter details. The garage also does not meet the required side setback of 15' and will require variance approval for structural repairs. Applicant has asked to add a pathway on the east shore line in the 0-75' to the lakeside deck. The pathway was originally shown at 8' but was constructed at 4' wide and adds 160 s.f of new hardcover. An existing retaining wall is to be restored. The 160 s.f of walkway and 30 s.f of wall were not included in the original hardcover facts. The original improvement plan showed a 12' wide access drive. It was shown as a grassed drive with an underlying gravel bed that would not have been considered hardcover. The Planning Commission found no acceptable hardship to allow a new curb cut on the public roadway and 250 s.f. of additional hardcover in the 0-75' setback area. An amended site plan shows the IO' drive being removed and replaced with a grass lawn. It was noted that the 4' wide walkway and paved area are after-the-fact requests . The new curb cut should have required City approval. It was noted that there is no need to go onto the neighbor's property to make the required repairs. The Planning Commission recommended unanimous approval of the application as amended excluding the paved drive within the 0-75' setback area with new conditions . The 10' wide paved drive within the 0-75' setback area must be removed and groundcover restored no later than May 15, 1995. Applicant must provide written confirmation of a date when the new septic ~ystems serving principal structure and detached caretaker residence are to be installed. 3