06-27-2005 Council Minutes - Laserfiche WebLink

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i r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2005 7:00 o'clock p.m. S. #OS -3097 Hashen: Ahukhadra,1745 Fox Street — Subdivision, Continued Sansevere stated that he was unable to see how a hardship created by the applicant could be considered a hardship Gronberg stated that in order to eliminate the second access from Fox Street, the applicant was forced to create the back -lot scenario. Attorney Barrett explained that a hardship must be derived from the land, though he could see where moving the road due to problems with the land and the need to delineate septic sites could be articulated into a hardship. Gronberg concurred, adding that avoiding the second access off Fox Street created an additional hardship. Mayor Peterson asked whether Council members were comfortable with the hardship as articulated by Attorney Barrett, that the guest house be allowed to remain acknowledging the removal of the main house is not imminent. Gaffron questioned in 20 years when the time came to rebuild the guest house, whether this agreement, though put in the chain of title, might be forgotten. He referred to staff's original recommendation that the guest house be removed. Murphy moved, White seconded, that the guest house be removed if lot 6 is to be considered a back -lot. • VOTE: Ayes 2, Nays 3, Sansevere, Mayor Peterson, and McMillan dissenting. McMillan moved, Sansevere seconded, that the guest house be allowed to remain until such time that it is redeveloped based on existing hardships due to septic sites, back -lot scenario and the topography of the site. . VOTE: Ayes 3, Nays 2, White and Murphy dissenting due to the lack of hardship. McMillan moved, White seconded, that Lot 6 be considered a back-lot, with the elimination of the Fox Street access for safety reasons. VOTE: Ayes 5, Nays 0. With regard to the septic sites, Gaffron pointed out that the first septic site must be built now to serve the main and guest houses, before final plat approval. Murphy moved, White seconded, that the City Council accepts the premise that two 7- bedroom septic mound systems are sufficient with one to be built within one year, and a second site to be preserved for future use. VOTE: Ayes 5, Nays 0. White moved, and then withdrew a motion to require the applicant to complete a tree survey, as no policy is in place to demand this of an applicant, thus unfair in this situation. Abukhadra stated that his family wishes to preserve as many trees as possible, though removal of some trees is necessary. McMillan questioned how the lakeshore or shoreland overlay might impact future access via docks etc. Abukhadra stated that there is one dock at the peninsula of the property currently. • Page 6 of 12