12-13-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (9. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) • Sansevere stated at the last meeting the Council felt the applicant should be allowed 1,500 square feet rather than the 1,000 square feet. Sansevere indicated the 1,500 square feet is fair and that the applicant should not be held to the 25 percent hardcover. Todd Phelps, Leonard, Street and Deinard, stated there appears to be some precedent where the City has approved at least two other cases that are similar to this application which merit further exploration on the applicant's part. Phelps stated he would like the opportunity to do a further detailed analysis of the two cases cited in the memorandum as well as some other properties. Sansevere inquired whether the applicant is asking for his application to be tabled. Phelps indicated he would like the applicant's application be approved tonight, but in light of Gaffron's comments, if the Council plans to deny the application, he would like to do further research. Peterson inquired whether the applicant would like to table the application. Phelps stated the applicant would like to have his application approved tonight, but in the alternative, to table the application to allow the applicant to respond to the comments by the City Planner. Phelps stated one issue that has not been discussed tonight is the merits of this particular application. Phelps stated the letter from Timothy Keane responds to each of the hardship requirements set forth in the Orono City Code. Phelps stated the discussion should center on the hardship criteria outlined in M.S. 462.355 and the Orono City Code. Phelps indicated in his opinion this is a unique lot and that there are circumstances that • merit the granting of a variance. Phelps indicated the applicant has been attempting to work with the City on developing this lot and is not circumventing the direction of the Council. Sansevere stated at the last meeting a good point was made concerning hardcover in that the likelihood for runoff has been increased with the removal of the trees. Phelps indicated the applicant is agreeable to restore the vegetation on this lot, but that in his opinion it should be considered as a separate issue. Sansevere stated the removal of the trees does impact the runoff. Sansevere noted Council did not have an opportunity to review the letter from the attorney prior to tonight's meeting. Vogstrom stated he would like to get the issues resolved. Peterson inquired whether the applicant would like his application tabled. Vogstrom commented it appears the Council is set on a maximum 1,500 square foot footprint, which he is not happy with. Sansevere indicated he is not willing to approve anything in excess of 1,500 square feet. Peterson indicated she also is in support of a maximum 1,500 square foot footprint. White stated he is not going to take two extreme cases and say that is the norm but that the City needs to • look at the overall picture. White stated the City has to be consistent as much as possible when dealing PAGE 8