02-26-2001 Council Minutes - Laserfiche WebLink

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• MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 ( #2650 Kirsten and Patrick Burton, Continued) Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4612, a Resolution Granting a Conditional Use Permit for guest house; a Conditional Use Permit to allow a two foot chimney height; Variances to permit a 30 foot, three story guest house; and to deny a variance to permit a 21 /Z foot railing; and deny a conditional use permit for a six foot chimney height. Sansevere stated he wants to be clear that no precedent is being set with approval of this resolution. Nygard stated he voted in opposition to this proposal at a previous City Council meeting because in his view a justification is being shown for three stories rather than an actual hardship. Nygard stated the amount of square feet being proposed can be accomplished with two stories rather than three. Nygard stated in his opinion the approving of this three story house may lead to other applicants requesting three story houses, which the City may not be able to deny. Nygard commented he is glad there have been some conditions included in the resolution which restrict the future expansion of this house. Nygard stated in his view this property could be subdivided in the future and this guest house could turn into a primary residence. Nygard noted at the previous City Council meeting Mike Gaffron indicated this application was precedent setting with the architect making a compelling argument that 30 feet is more restrictive • than 2 '/z stories. The City Attorney also expressed a concern that approving this application would open the door to someone else requesting a much larger structure that is three stories high. Nygard stated in looking at all the information in front of him, he asked himself what the risk and reward for the City would be by making this decision. Nygard stated the reward would be making a new member of the Orono community very happy. Nygard commented the risk that he sees is very great and provides many open -ended opportunities which the City may not have control over in the existing ordinances. Sansevere stated the City Attorney raised the issue of the trees being a hardship. Sansevere stated he feels there needs to be a hardship demonstrated before he would vote in favor of it. Sansevere stated he concurs with the hardship. Nygard stated in his view preserving large trees does not create a hardship for constructing a three story house. Nygard stated the trees could play a hardship on the position of the house or the shape of the house, but not to create an extra story. VOTE ON ABOVE MOTION: Ayes 4, Nays 1, Nygard Opposed. ( #10) #2651 ROBIN AND JEREMY BUPP, 2696 CAROLINE AVENUE — VARIANCES — RESOLUTION NO. 4613 Weinberger stated the City Council directed Staff to draft a resolution denying variances . requesting hardcover over 25 percent for a lakeside patio and expansion to the driveway within the 75 -250' lakeshore setback. Weinberger indicated the Council did approve a variance to PAGE 17