07-08-2002 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, JULY 8, 2002 • 8. #02 -2796 Mark and Gina Kosek, 1875 Shadywood Road, Variance — Continued Staff asked that Council consider allowing a 2' x 60' sidewalk be constructed from the driveway to the front door. Kosek stated that they did have a hardship for the variance request because while they own a large amount of land, only .82 acre is buildable. She argued that there was no difference between a small lot, and a large lot with a small buildable area. She stated that they had planned the deck location before the doors were installed. At the time that she planned the decks, they were not over the hardcover and deck construction did not require a variance because it was outside the 0 -75' zone. She stated they informed staff that they were moving the location of the patio doors to install the decks. At the time there wasn't an issue with the patio doors because there was no variance required. Kosek stated that she disagreed with the suggestion she remove the shed from the 0 -75' zone because it would not affect the hardcover in the 75 -250' zone. Their overall hardcover was currently at 14% of the allowed for their total lot. She stated that the garden shed is ugly, but they didn't want to remove it because it is in the 0 -75' zone and they would not be allowed to install a new shed in its place. She is an avid gardener and uses the shed to store her tools. • Kosek stated that other residents have been allowed to go over hardcover with a small lot being cited as a hardship. Mayor Peterson stated that everyone is entitled to a minimum house size of 1,500 s.f., which on some lots requires going over the maximum allowed hardcover. Kosek stated that she didn't see the difference between a small lot and a large lot with a small buildable area. Kosek stated that they would like a paved sidewalk from the driveway to the door, but if they had to choose, would build the deck and use woodchips for the sidewalk. White asked if staff had been made aware of the patio doors and their location before they were installed. Kosek stated that she had informed them of at least the first floor door, since the decks will be stacked one over the other. Sandee Smith stated that the Planning Commission felt the overall hardcover had to be reduced in order to allow the decks, and there had been no talk of a sidewalk at the Planning Commission. Kosek stated that they were unaware they'd overbuilt until April when Lyle Oman called and informed her of the situation. She designed the house, and her husband built it. While construction took a year, the driveway and retaining walls were installed quickly to fix problems with the land. • Murphy asked why they hadn't been aware of the issue earlier in the process. Kosek 11