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_, <br />(*#10) <br />MINUTES OF THE REGULAR ORONO CITY COUNCIL <br />1\1EETING HELD ON JUNE 13, 1994 <br />#1928 SUZANNE K. WACKER, 1115 BROWN ROAD SOUTH - <br />VARIANCE -RESOLUTION NO. 3438 <br />It was moved by Hurr, seconded by Jabbour, to adopt Resolution No. 3438 approving #1928 <br />variance for Suzanne K. Wacker at 1115 Brown Road South, as recommended by the Planning <br />Commission. Ayes 4 , nays 0 . <br />(#11) #1930 MARGARET P. COST, 255 BROWN ROAD SOUTH -VARIANCE - <br />RESOLUTION NO. 3439 <br />Mabusth reviewed the proposal and the Planning Commission recommendation. Margaret Cost <br />was present. <br />Hurr asked why there was not a shared driveway because the drop in elevation would make a <br />shared driveway the best choice for this area. Goetten concurred and stated she would like to <br />see both property owners work together to resolve this. Mabusth noted that the Council four <br />years ago had approved a separate access for this project and there was a resolution on file. <br />Margaret Cost stated she would prefer to have a separate driveway because the differences in <br />grade would make a driveway coming from her neighbor's property extremely steep, and she <br />did not feel that was safe. She was also concerned about the neighbor 's children playing in their <br />driveway , and believed separate access for her propeny was the best solution for this property . <br />Discussion ensued regarding why the variance was needed based on the topography and the <br />wetland regulations. The building envelope was discussed and alternatives for the building <br />footprint were examined . The slopes were discussed and the maintenance of a 2: 1 slope was <br />explained. <br />Adrian Kearney, 265 South Brown Road , stated he was concerned about the driveway and the <br />slopes . They felt that a smaller house would fit better on the site. He felt the proposed plan <br />was too aggressive a plan and the location of the driveway was very close to their property line. <br />He felt they should share a driveway access. <br />Kelley inquired if Mr. Kearney was aware of the subject lot when he purchased his property , <br />and Mr. Kearney responded that he had researched this area thoroughly prior to purchasing his <br />home. Mabusth stated that the driveway issue was settled four years ago and that to change the <br />access now to a shared access may result in both the Court and the City being placed m a <br />difficult legal dilemma with the current owner. <br />Goetten inquired if there would be any liability on the part of the City if the tributary should <br />flood and Mabusth responded that the house would be too high to be affected by any flooding. <br />6