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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2005 7:00 o'clock p.m. 6. #05-3100 Lany a,u/ Slze1yl Palm, 1146 Wildhurst Trail, Continued -'1 Murphy moved, White seconded, to accept RESOLUTION NO. 5341 , A Resolution granting lot area and lot width variances, and a conditional use permit with the provision that the four conditions have been met and that screening plans for the retaining walls be subject to staff approval. VOTE: Ayes 4, Nays 1, Mayor Peterson dissenting. Mayor Peterson felt the design was too much house for the lot size. 7. #05 -3110 Thomas and Sheila Browne, 760 Brown Road South -Variance -Resolution No. 5342 White moved, McMillan seconded, adopting RESOLUTION NO. 5342, a Resolution approving the lake setback variance in order to construct a 2 nd story dormer and denying lake setback and hardcover variances in order to construct a garage addition. VOTE: Ayes 5, Nays 0. 8. #05-3111 Water Street Homes, LLC on behalf of Randall and Sara Hogan, 2260 Fox Street -. Conditional Use Permit and Variances -Resolution No. 5343 McMillan questioned whether the wetlari'd calculation was .included in the redesigned site plan. Gaffron pointed out that code does not state whether or not you use wetland for oversize accessory space calculations. He stated that the argument could be made that, if one considers wetland open space , one should get credit for it, but since the code is not specific and lot area typically does not include wetland in its overall calculations it is unclear depending how you look at wetland. Attorney Banett maintained that it had been detem1ined in a previous meeting that the driveway outlot was to be considered as part of the lot area . Gaffron concluded that if the out lot and wetland were added together, as determined in the previous meeting, the applicant wo uld be close to meeting accessory building size restrictions. McMillan suggested that item #5 in the Resolution be removed as it was redundant. Murphy stated that he found the premise of this proposal to be interesting and hoped to encourage other builders to be more creative like this applicant. \-Vhite moved, McMillan se co nd ed , adopting RESOLU'IION NO . 5343 , a revised Resolution granting variances and CUP for the proposed Oversized Accessory Structure, with the removal of paragraph 5 Oll1l page 3. VOTE: Ayes 5, Nays 0 . 9. #05 -3 114 Peter J . Bo y er on behalf of Sever and Sharon Peterson , 3145 North Shore Drive -V ariances -Resolution No . 5344 White moved, McMillan seconded, adopting RESOLUTION NO. 534 4, a Resolution approving lot width and average lakeshore setback varia nces, but denying the 75-250' hardcover variance in order to construct a new single family res idence at 3145 North Shore Drive. VOTE: Ayes 5, Nays 0 Page 9 of 12