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02-26-2001 Council Minutes
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02-26-2001 Council Minutes
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• <br />MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />February 26, 2001 <br />( #2650 Kirsten and Patrick Burton, Continued) <br />Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4612, a <br />Resolution Granting a Conditional Use Permit for guest house; a Conditional Use <br />Permit to allow a two foot chimney height; Variances to permit a 30 foot, three story <br />guest house; and to deny a variance to permit a 21 /Z foot railing; and deny a conditional <br />use permit for a six foot chimney height. <br />Sansevere stated he wants to be clear that no precedent is being set with approval of this <br />resolution. <br />Nygard stated he voted in opposition to this proposal at a previous City Council meeting <br />because in his view a justification is being shown for three stories rather than an actual hardship. <br />Nygard stated the amount of square feet being proposed can be accomplished with two stories <br />rather than three. Nygard stated in his opinion the approving of this three story house may lead to <br />other applicants requesting three story houses, which the City may not be able to deny. <br />Nygard commented he is glad there have been some conditions included in the resolution which <br />restrict the future expansion of this house. Nygard stated in his view this property could be <br />subdivided in the future and this guest house could turn into a primary residence. <br />Nygard noted at the previous City Council meeting Mike Gaffron indicated this application was <br />precedent setting with the architect making a compelling argument that 30 feet is more restrictive <br />• than 2 '/z stories. The City Attorney also expressed a concern that approving this application <br />would open the door to someone else requesting a much larger structure that is three stories high. <br />Nygard stated in looking at all the information in front of him, he asked himself what the risk and <br />reward for the City would be by making this decision. Nygard stated the reward would be <br />making a new member of the Orono community very happy. Nygard commented the risk that he <br />sees is very great and provides many open -ended opportunities which the City may not have <br />control over in the existing ordinances. <br />Sansevere stated the City Attorney raised the issue of the trees being a hardship. Sansevere stated <br />he feels there needs to be a hardship demonstrated before he would vote in favor of it. Sansevere <br />stated he concurs with the hardship. <br />Nygard stated in his view preserving large trees does not create a hardship for constructing a three <br />story house. Nygard stated the trees could play a hardship on the position of the house or the <br />shape of the house, but not to create an extra story. <br />VOTE ON ABOVE MOTION: Ayes 4, Nays 1, Nygard Opposed. <br />( #10) #2651 ROBIN AND JEREMY BUPP, 2696 CAROLINE AVENUE — VARIANCES — <br />RESOLUTION NO. 4613 <br />Weinberger stated the City Council directed Staff to draft a resolution denying variances <br />. requesting hardcover over 25 percent for a lakeside patio and expansion to the driveway within <br />the 75 -250' lakeshore setback. Weinberger indicated the Council did approve a variance to <br />PAGE 17 <br />
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