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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, December 14, 2009 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br /> Page 12 of 17 <br /> <br />(9. #09-3435 LOREN AND STACEY SCHOENZEIT, 4480 FOREST LAKE LANDING, <br />Continued) <br /> <br />McMillan pointed out that if the City needs to utilize that portion of the right-of-way, the geothermal <br />wells would need to be relocated. <br /> <br />White asked if the applicant would be willing to remove those if the City ever determined they need that <br />piece of land. <br /> <br />Schoenzeit noted they are willing to provide an easement in the back in exchange for using that portion of <br />the right-of-way, and that in his view there is enough land there to accommodate the geothermal wells and <br />the utilities. <br /> <br />Murphy stated the idea of allowing geothermal wells within a right-of-way could possibly set a precedent, <br />which is one concern. Murphy commended the applicant for designing a house that fits on this lot but <br />that the applicant would be taking a risk that someday he may need to relocate the geothermal wells if <br />they are located in the right-of-way. <br /> <br />McMillan concurred that it would be precedent setting and that she would hate to see the applicant have <br />to relocate the wells at some point in the future. McMillan indicated she is okay with the resolution but <br />that she is not in favor of the applicant using the right-of-way even at his own risk. <br /> <br />Franchot indicated he is fine with the applicant using the right-of-way at his own risk. <br /> <br />Schoenzeit stated on the other side by the drop-off they would like to put in some terraced retaining walls <br />to slow the water down to help reduce the erosion and asked whether that would be acceptable. <br /> <br />Kellogg stated normally they do not allow structures to be located within the right-of-way but that he <br />would be willing to sit down with the applicant to discuss their options. <br /> <br />McMillan stated any landscaping that is done in the right-of-way should perhaps be done in conjunction <br />with the City Engineer but that it would help improve the appearance of the area. <br /> <br />Mattick noted any time any work is done in the right-of-way, he would recommend that a standard <br />encroachment agreement be signed by the property owner. <br /> <br />Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5895, a Resolution Granting <br />Variances to Municipal Zoning Code Sections 78-330 and 78-1288, to add the additional land. <br />VOTE: Ayes 5, Nays 0. <br /> <br />10. #09-3437 KENT AND SUSAN RICHEY, 3105 CASCO POINT ROAD – PUBLIC <br />HEARING – VARIANCE <br /> <br />Kent Richey, Applicant, was present along with John Sonnek of Charles Cudd DeNovo. <br /> <br />Curtis stated the applicants have applied for a lot width variance in order to construct a new residence on <br />an existing lot at 3105 Casco Point Road. A residence has existed on the property for a number of years. <br />The applicants have submitted all the required information necessary for a lot width variance review and <br />are requesting that the Council waive the review of the Planning Commission and hold the public hearing <br />tonight. The Council may waive Planning Commission review with a unanimous vote. <br />Item #02 - CC Agenda - 01/11/2010 <br />Approval of Council Minutes 12/14/09 [Page 12 of 17]