07-23-2007 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o'clock p.m. U *7. #07 -3282 SUAD AZHARI TRUST, 1745 FOX STREET — SUBDIVISION — 2ND RENEWAL — RESOLUTION NO. 5642 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5642, a Resolution Granting a Second. Six Month Extension to the Effective Period of Final Plat Approval Established Per Resolution No. 5486 as Modified Per Resolution No. 5610. VOTE: Ayes 5, Nays 0. 8. #07 -3290 BENJAMIN SACHS FOR DRK FAMILY ASSOCIATION, 2523 KELLY AVENUE — VARIANCE Benjamin Sachs, Applicant, was present. Turner stated the applicant is requesting a hardcover variance to allow 36.78 percent hardcover in the 75- 250 foot zone when 38.16 percent exists and 25 percent is allowed. Turner stated there was some confusion at the last meeting regarding the landscape fabric and that the policy adopted by the City in 1997 states that landscape fabric is to be excluded from hardcover calculations in Staff's report and must be removed prior to the issuance of a building permit if a variance is granted. The applicant is proposing to construct a 390 square foot deck addition that would connect two existing lakeside decks.. 200 square feet of the deck addition would be over a landscape bed lined with this fabric, • so the increase in hardcover from the deck addition would be 190 square feet. The applicant originally proposed to remove 590 square feet of landscape fabric. White inquired whether the applicant has made any changes to his plan since the last council meeting. Sachs stated he has not, and that he is asking for an extension of his deck so his wife, who is now handicapped, can enjoy their deck. Sachs stated he is willing to remove the landscape fabric and that the City would benefit from the removal of the fabric. Sachs stated last week there was a power failure for a couple of hours and at 11:00 at night the power company came up to his driveway and could not turn around in his existing driveway. Sachs stated he would like to add to his deck and that in his view the extension of the deck is not a big issue compared to the other issues that were heard tonight. White stated the Council routinely asks people to reduce hardcover and to reduce the size of different structures. White noted the use of the deck is limited to only a few months of the year and that the applicant's unwillingness to reduce the size of the deck makes it difficult to approve the application. Sachs stated his neighbors are not opposed to this project. McMillan stated the driveway is functional hardcover but that a deck addition that basically doubles the size of the deck is not functional hardcover. Sachs stated he understands the Council has to follow the law and that he is asking for a variance. McMillan commented the Council attempts to apply the laws as fair as they can. PAGE 12 of 17 Ll