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CJ <br />ORONO CITY COUNCIL MEETING <br />MONDAY, JULY 9, 2001 <br />( #2636 Gary and Susan Cable, Continued) <br />moveable. He stated the lot is wider at the lake, which reduces his buildable area with all <br />the required setbacks. <br />Mayor Peterson asked if the 96 s.f. had always been calculated in the plans for the house. <br />Weinberger stated that it was, and if the applicant had built closer to the road, he would <br />have needed less driveway and would have been within the hardcover requirements. <br />Nygard stated that the Planning Commission had made it clear to the applicant that he <br />would have to chose between the third garage stall and the ice house. <br />Rich Wysocki of 2770 Rainey Road asked if the hardship would be removing the structure <br />and all its concrete from within the hillside so close to the lake. <br />Jeanne Mabusth asked about saving the ice house for historical preservation. <br />Sansevere asked if it was the job of the Council to find a hardship for the applicant. <br />Nygard stated that Council had helped other applicants in the same manner. <br />• Nygard stated that because the property was under the structural hardcover allowance, and <br />building it closer to the road would have resulted in the destruction of large trees, he would <br />be in favor of allowing the ice house to stay. <br />Weinberger stated that the trees and topography were discussed at the planning stage and <br />the house's current location was deemed the only proper place to situate the house. <br />Barrett stated that finding hardship is a factual, not legal, finding. If the house is deemed <br />an appropriate size, and the Council can't chose between the trees and the ice house, then it <br />is a valid hardship. The problem was with the variance being requested after - the -fact. <br />Sansevere asked why the trees weren't recognized as the hardship during the planning <br />phase. Cable stated that the process was dragged out because he had to keep revising the <br />plans and it was costing him money. <br />Flint stated that he had reviewed the minutes from the Planning Commission and they <br />showed Mr. Cable had been told to chose between the ice house and the third garage stall. <br />Therefore, he would not support the application. Mayor Peterson agreed. <br />9 <br />