12-14-2009 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o'clock p.m. (9. #09 -3435 LORENAND STA CEY SCHOENZEIT, 4480 FOREST LAKE LANDING, Couthmed) McMillan pointed out that if the City needs to utilize that portion of the right -of -way, the geothermal wells would need to be relocated. White asked if the applicant would be willing to remove those if the City ever determined they need that piece of land. Schoenzeit noted they are willing to provide an easement in the back in exchange for using that portion of the right -of -way, and that in his view there is enough land there to accommodate the geothermal wells and the utilities. Murphy stated the idea of allowing geothermal wells within a right -of -way could possibly set a precedent, which is one concern. Murphy commended the applicant for designing a house that fits on this lot but that the applicant would be taking a risk that someday he may need to relocate the geothermal wells if they are located in the right -of -way. McMillan concurred that it would be precedent setting and that she would hate to see the applicant have to relocate the wells at some point in the future. McMillan indicated she is okay with the resolution but that she is not in favor of the applicant using the right -of -way even at his own risk. Franchot indicated he is fine with the applicant using the right -of -way at his own risk. • Schoenzeit stated on the other side by the drop -off they would like to put in some terraced retaining walls to slow the water down to help reduce the erosion and asked whether that would be acceptable. Kellogg stated normally they do not allow structures to be located within the right -of -way but that he would be willing to sit down with the applicant to discuss their options. McMillan stated any landscaping that is done in the right -of -way should perhaps be done in conjunction with the City Engineer but that it would help improve the appearance of the area. Mattick noted any time any work is done in the right -of -way, he would recommend that a standard encroachment agreement be signed by the property owner. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5895, a Resolution Granting Variances to Municipal Zoning Code Sections 78 -330 and 78 -1288, to add the additional land. VOTE: Ayes 5, Nays 0. 10. #09 -3437 KENT AND SUSAN RICHEY, 3105 CASCO POINT ROAD — PUBLIC HEARING — VARIANCE Kent Richey, Applicant, was present along with John Sonnek of Charles Cudd DeNovo. Curtis stated the applicants have applied for a lot width variance in order to construct a new residence on an existing lot at 3105 Casco Point Road. A residence has existed on the property for a number of years. The applicants have submitted all the required information necessary for a lot width variance review and are requesting that the Council waive the review of the Planning Commission and hold the public hearing tonight. The Council may waive Planning Commission review with a unanimous vote. Page 12 of 17