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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, December 8, 2008 <br />7:00 o'clock p.m. • <br />4. 2009 LEVYADOPTIONHEARING, Continued <br />a. Adopt Final 2008 Levy Collectible in 2009 — Resolution No. 5790 <br />McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5790, a Resolution Approving <br />the Final Tax Levy to Fund the 2009 Budget. VOTE: Ayes 4, Nays 0. <br />b. Adopt 2009 General Fund Budget — Resolution No. 5791 <br />Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5791, a Resolution Approving <br />the 2009 Budget. VOTE: Ayes 4, Nays 0. <br />C. Adopt the 2009 Special Revenue Funds Budgets — Resolution No. 5792 <br />Rahn moved, Murphy seconded, to adopt RESOLUTION NO. 5792, a Resolution Approving the <br />2009 Special Revenue Funds Budgets. VOTE: Ayes 4, Nays 0. <br />PLANNING COMMISSION COMMENTS — LOREN SCHOENZEIT, REPRESENTATIVE <br />Schoenzeit stated he had nothing to report but would be available for questions. <br />PUBLIC COMMENTS <br />None <br />ZONING ADMINISTRATOR'S REPORT <br />S. #08 -3388 BOYER BUILDERS ON BEHALF OF MATTHEW AND AMY HERMAN, 3825 <br />CHERRY AVENUE — VARIANCE <br />Carl Smith, Boyer Builders, and Amy Herman, Applicant, were present. <br />Turner stated the applicant is requesting a hardcover variance to allow 29.5 percent hardcover in the 75- <br />250 foot zone in order to construct a garage and living space addition to the house. Approval of wetland <br />buffer averaging and wetland setbacks for the addition are also being requested. <br />Turner displayed an overhead of the existing house and proposed addition. Turner pointed out there is a <br />50 -foot wetland buffer setback for the east wetland and a 16.5 foot buffer for the west wetland. Part of <br />the buffer for the west wetland is located on this property. No impervious surfaces may be placed within <br />a buffer. In addition, there is a 20 -foot setback from the buffer for above -grade structures such as <br />buildings or decks. Buffer areas are to remain undisturbed and relatively unmaintained. <br />Turner displayed the applicant's proposed buffer averaging plan. Turner illustrated the drainage divide • <br />between the two wetlands. John Smyth, the city's wetland consultant, has submitted a report indicating <br />Page 2 of 8 <br />