10-11-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. ( #04 -3048 Steven and Kathleen Persian, Continued) 30' north side yard setback. Gundlach indicated they are still nonconforming by approximately 36 feet with the front yard setback. Murphy noted the structure is clearly out of line in that location no matter what the size of the structure. White inquired how the front lot line was arrived at for this lot. Gaffron stated from a policy standpoint for the last 15 to 20 years the City has been defining average setbacks and setbacks parallel to the front lot line, not parallel to the house. Persian stated the proposed location does not appear to be the front yard. Barrett stated he could also get the consent of the architectural committee rather than an opinion of counsel. Persian stated it is his intention to have the homeowners association be comfortable with his proposal and that he is willing to work with the committee to arrive at a solution. Sansevere moved, Murphy seconded, to approve Application #04 -3048, Steven and Kathleen Persian, 1005 Hunt Farm Road, the granting of a variance to permit the proposed storage shed to • be located nearer the front or street lot line than the principal building, with the condition that the Persians submit to the City either a legal opinion that the covenants of the homeowners association are being complied with or submit written approval from the homeowners association for construction of the structure, with the understanding the size of the proposed structure will be no larger than 1200 square foot. • McMillan inquired whether a second building would be constructed in the northwest corner. Persian stated he is willing to agree to the condition that they will not construct another structure outside of the ones that are currently on this property. Sansevere stated in his opinion that type of condition is not necessary by the City since the homeowners association would take care of that. Sansevere stated he still has to get the approval of the homeowners association for any other structure, with any new property owner also needing to get the same approval. Gaffron indicated because the applicant is limiting the square footage to what is legally allowed, that it may not be appropriate to limit him further based upon a location issue for this structure. Murphy stated he would like to see the homeowners association and the Persians be able to arrive at an agreement. VOTE: Ayes 3, Nays 1, McMillan opposed. McMillan indicated she feels there are other ways to reduce the visual impact of this building and that the building could be relocated rather than encroaching into the front yard setback. PAGE 13