02-28-2005 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2005 7:00 o (clock p.m. (5.#04-3052 ERIC vOGSTROM, 2618 CASCO POINT ROAD, Contiir.cced) I Vogstrom maintained that, had he gone through the proper channels to obtain permission, some of the trees would have been allowed to be removed in the first place. Although not within the Ordinance, Attorney Barrett stated that the Council has granted variance requests based on trees in the past if they choose to do so once again. Murphy stated that he had consistently voted no to this application, and would do so again. He was concerned that the footprint of the proposed house was too much for the lot, pointing out that the 1500 s.f. footprint is not an entitlement but a lirnit. He believed that a footprint of 1250 s.f. was more appropriate. Murphy stated that he would Cbe inclined to grant the variance to save the tree, only because the neighbor supported it and he was the one most adversely impacted by the applicant's actions. I Vogstrom asked why he did not warrant 1500 slf. i Gaffron stated that lots less than 10,000 s.f are allowed up to a 1500 s.f. footprint; however, it is an allowance, which an applicant is not entitled to if it adversely impacts hardcover. Moorse pointed out that there are numerous examples of new construction that do not have a 1500 s.f. footprint due to hardcover limitations. McMillan stated that she was satisfied with the work that staff had done and with their • recommendation. She indicated that the City hats Ordinances in place for a reason and that the City should maintain its right of way, as many of its right of ways have been severely encroached upon. She stated that she would hold firm on staffs recommendation. White concurred, pointing out that if the applicant were given a variance, there was no guarantee that the tree would survive anyway; therefore, lie was not willing to support the variance. White moved, McMillan seconded, to approve staffs report and adopt RESOLUTION NO. 5286 as presented. VOTE: Ayes 3, Nays 2. 1 Mayor Peterson and Murphy dissenting, positions noted above. Murphy added that he found it troublesome that the City may be viewed as deeming that trees are not worth saving. 6. #05 -3072 ORONO SCHOOLS, 685 OLD CRYSTAL BAY ROAD NORTH — VARIANCE AND CONDITIONAL USE PERMIT Mayor Peterson moved, Murphy seconded, to table Application #05 -3072, Orono Schools, to provide an opportunity for staff to clarify the resolution. VOTE: Ayes 5, Nays 0. *7. #05 -3079 NICOLE AND PETER THOMAS, 1385 ORONO LANE — VARIANCES — RESOLUTION NO. 5287 11 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5287, A Resolution approving a hardcover variance for the 0 -75, zo ne and also a lake setback variance to permit • construction of a wrought iron deck within 7I 5' of the lake. VOTE: Ayes 5, Nays 0. I PAGE 3 of 10 J