04-10-2000 Council Minutes - Laserfiche WebLink

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n U ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 6. #2564 William Dampier, 3550 Ivy Place — Variance — Continued Mayor Jabbour asked if they would have to change the code in order to ignore the deck. Gaffron stated that they should not change the code for one application. They may find a hardship to grant a variance for the deck, but he knows the Council is loathe to grant a variance on hardcover issues. There was some discussion of whether or not a deck is massing. Gaffron explained that by code, if any part of the railing is 6 feet or more above grade, then the entire deck is considered massing. Kelley stated that he agrees with that definition of massing. Sansevere asked if it would be considered differently if the railing were removed. Kelley responded that the application really should go back to the Planning Commission. Sansevere stated he agreed. Dampier stated that moving the deck would change the mass of the house. He added that he has a mature tree in the area where the deck would be relocated if it were to be moved, that would be lost to accommodate the deck. He also stated that he has a wheelchair bound member of his family. If he lowered the deck it would raise issues of ADA compliance. The addition was carefully designed to put everything to the back of the house so it would not be visible from the lake. Dampier stated he has a planter, or terrace, already along the deck that consists of a brick face retaining wall. If the wall were moved out 6 inches, it would create a safe fall zone and allow for the removal of the • handrail. Flint asked how the terrace would work. Gaffron explained it must be at least 36 inches wide and 30 inches or less below the deck. Mayor Jabbour stated they need a recommendation from the Planning Commission. Dampier stated he is willing to waive the 60 day deadline. Kelley moved, and Peterson seconded, to require a 60 day extension and for the application to return to the Planning Commission. Vote: Ayes 5, Nays 0. *7. #2565 Peter Scherer, 15 Orono Orchard Road South — Variance — Resolution No. 4438 Flint moved, and Peterson seconded, to adopt Resolution No. 4438 granting a variance to municipal zoning code section 10.28, subdivision 5 (B). Vote: Ayes 5, Nays 0. *8. #2566 James Langhans,1366 Rest Point Road — Variance — Resolution No. 4439 Flint moved, and Peterson seconded, to adopt Resolution No. 4439 granting variances to municipal zoning code section 10.22, subdivision 2 and section 10.56, subdivision 16 (L) (2).