06-13-2005 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2005 7:00 o'clock p.m. • (05 -3111 Water Street Homes, Continued) Gaffron stated there are risks associated with granting a conditional use permit and that conditions can be placed on the property to address any concerns the Council may have. Gaffron indicated a situation could arise that the conditions do not address. McMillan commented the enforcement of the conditional use permit would be another issue. Murphy stated in his view it is a remarkable use of the property and that the applicants have taken great . steps to design it to fit the land. Murphy inquired how this structure could be redesigned so it would not fall under the wetland moratorium. Gaffron inquired whether the building could be shifted without having other major impacts on the site. Carlson inquired what setback they would need to meet. Gaffron stated the moratorium requires a 26 -foot setback from the edge of the wetland. Gaffron indicated the moratorium covers any wetland that has been identified under the federal wetland delineations and that any structure that is located within that 26 -foot buffer would be affected by the moratorium. Carlson stated the building would need to be redesigned if they are required to meet the 26 -foot buffer. Carlson stated the hardship in this case deals with the intent of the ordinances and why they are drafted , and that the ordinances do not address every situation. Carlson pointed out there is an outlot located in the front and that the entire square footage of the property should be counted. Carlson stated the outlot is owned by the property owners and there is no shared access over the outlot. Carlson stated if the entire amount of land owned by the applicants is taken into account, a variance would not be required, and that the strict interpretation of the ordinance creates a hardship. Carlson stated they are able to meet the spirit and intent of the ordinance by constructing two separate structures, each consisting of 1200 square feet, which would not be as aesthetically pleasing as what is being proposed. Carlson stated they have attempted to create an aesthetically pleasing structure that would add value to the lot, limit the visual impact to the neighbors and to the property owner, and also meet the spirit and intent of the code. Carlson agreed they would need to address the issue with the wetlands. Barrett stated he is in agreement with staff that the moratorium does apply to this property and that no portion of the structure can be constructed within that 26 -foot buffer while the moratorium is in effect. Carlson inquired how long the moratorium is in effect. Gaffron stated the moratorium expires in October but that the City would likely adopt stricter regulations concerning wetlands once the moratorium is up. Carlson stated they would be able to meet the 26 -foot buffer by reducing the amount of square footage of the structure. Carlson requested that they be allowed to submit a revised drawing that meets the 26 -foot • PAGE 6