09-13-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 13, 2004 7:00 o'clock p.m. (James Render, Appeal of Administrative Decision, Continued) stated in his opinion that would not set a precedent. Gaffron stated the City's survey reflects a grade of 940' in 1992. Render stated he would be comfortable using the historical grade. Gaffron explained that the defined height of the structure would be 32.9' using the historical grade, but that there would still have to be some design changes in order to meet the maximum height allowed. White inquired whether the Applicant would be willing to change the design slightly to make this section of the house look more unique and separate. Gaffron indicated the Applicant has submitted plans showing different peak designs. Render stated in one of the plans they created a metal band around the peak to make that area seem more like a cupola. Gaffron pointed out a cupola would require a conditional use permit. Gaffron stated if the peak is lowered to the point where the average from the windows to the peak yields a 30' number, then it would be reasonable to grant a conditional use permit for a cupola. Gaffron stated in his view it • presently is not a cupola. Barrett stated in his view Gaffron's proposal would create no precedent, but that if the City granted a conditional use permit for a cupola on this residence, they would need to grant a conditional use permit for other applicants that meet the same set of conditions. • Gaffron stated a hardship would not need to be shown with a conditional use permit. Jurgens suggested the Applicant consider cutting off a band through the peak, leave the area somewhat like it is but square off the peak and add some windows around it. Jurgens stated in his mind it would create a peak, be a projection of the roofline, and create an architectural feature that could be considered a cupola. Gaffron concurred in that instance it would be considered a cupola as long as it is not an extension of the roofline. Garrett stated the applicant would need to submit an application for a conditional use permit to allow the cupola and appear before the Planning Commission. Garrett stated the appeal could be tabled to allow the Applicant time to redesign that section of the house. Peterson inquired whether a motion approving the 940' elevation is necessary. Garrett indicated the issue before the Council tonight is whether a building permit should be issued, and if the Council determines, based upon the present design, that the building permit should be denied, then a motion denying the appeal would be appropriate. PAGE 13