07-22-2002 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2002 6:30 o'clock p.m. is 07) #02 -2791 DAVEAND JODI RAHN,138S REST POINT ROAD - VARIANCES - Continued Rahn stated that this is an unusual case, one that you might see once in 20 years. Gaffron maintained that the City had typically held people to 25% in rebuilds in most cases. While they had gotten away from the 25% figure for a time, over recent years the Council has been much more strict. He stated that, obviously, they were not as strict on the neighbor next door, however there are nuances and exceptions to every application. Since his comment from the minutes became part of the resolution, Gaffron felt it would be in the City's best interests to see the 20'X20' garage disappear. Consistency, in this case, must rely on replacing the old garage with the new garage. Murphy asked if the new garage addition could be reconfigured to add additional storage space that might be lost by removing the old garage. Rahn stated that it would be difficult to build enough space into the addition to justify the removal of the two -story garage. Sansevere questioned why, or whether, the City had been more lenient on his neighbors than they had on him. Gaffron stated that, if forced to address that question, he would have to say that considering what was given to the applicant's immediate next door neighbors, the City is being more strict on Mr. Rahn than what past Councils might have been. Rahn argued that he had presented the City with a huge finding with regard to the floodplain that affected more than 1/3 of his property. He stated that this originally was a rebuild, but even so, it met and meets the average lakeshore setback. Murphy asked Rahn, as a Planning Commissioner, whether he would have approved this application. Rahn stated that he would have done so. After looking at the 15% lot coverage, the Commission typically looks at the existing footprint and how alterations can occur with the least minimum impact. Murphy asked if the 25.3 % hardcover figure reflected the removal of the driveway. Gaffron maintained that the 25% in the 75 -250' has no relevance to the total lot. The applicant is not allowed 25% coverage of his total lot, he is allowed 25% in the 75 -250' setback, minus what he has in the 0 -75' setback, based on old resolutions. All that the removal of the existing driveway from the 20x20' garage does is reduce the hardcover down to something that could be PAGE 16 of 35