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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 <br />01260 NYQUIST CONTINUED <br />Councilmember Sime concurred with Mayor Grabek and felt <br />that the walkway to the lake should also be allowed to <br />remain noting that the applicant has agreed to remove a <br />tremendous amount of hardcover already. <br />Councilmember Goetten stressed that this severely <br />limited lot consisted of 40% hardcover and strongly felt <br />that applicant must give up a little in exchange for his <br />request. <br />Motion, Ayes 2, Nays 3. Mayor Grabek and Councilmembers <br />Sime and Peterson voted nay. Motion fails. <br />It was moved by Councilmember Sime to approve the <br />the variances with the hardcover removals as indicated <br />and allowing a 2' wide sidewalk around the garage and <br />the brick walkway to the lake. <br />Mayor Grabek asked if Councilmember Sime would consider <br />amending his motion to require removal of the brick <br />walkway to the lake? <br />In order to pass this variance, Councilmember Sime <br />agreed to amend his motion to require the removal of the <br />• brick walkway within the 0 -75' to the lake. <br />Motion seconded by Councilmember Peterson. Motion, Ayes <br />3, Nays 2. Councilmembers Callahan and Goetten voted <br />nay. <br />Attorney Barrett stated that the granting of a variance <br />requires a 4 /5ths majority vote. Therefore, motion <br />fails.. <br />Based on this fact, Councilmember Callahan suggested <br />that Council send this application back to Planning <br />Commission for consideration of a revised proposal from <br />the applicant. <br />It was moved by Mayor Grabek, seconded by Councilmember <br />Sime, to submit this application back to the Planning <br />Commission to review a redesign. Motion, Ayes 5, Nays <br />0. <br />ADDENDUM: On May 11, 1988, City Attorney Barrett <br />reversed his position regarding the need for a 4 /5th <br />vote to approve the variance. Barrett noted that <br />his research indicates the statutes do not require a <br />4 /5ths vote for a variance, but merely a simple <br />majority (3 -2) vote is required, hence the motion <br />• receiving a 3 -2 vote is considered as approved by <br />adoption of Resolution #2431 and the action to table <br />has no validity. <br />12 <br />