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MINUTES OF THE REGULAR ORONO CITY COUNCIL. <br />MEETING HELD ON AUGUST 25,1997 <br />• ( #12 - Variance for David and Jodi Rahn - Continued) <br />Flint said he would support the motion as the facts laid out show the applicant acted in <br />good faith. He indicated there was a mutual misunderstanding of the facts and an act of <br />God occurred. If this had not happened, he would recommend the Planning Commission <br />again review it. <br />Vote: Ayes 4, Nays 1, Goetten. <br />Goetten said she felt the decision was outragts. If the residence has to be demolished, <br />Goetten said the Council has always required the residence to be moved back behind the <br />75' setback line. She feels this decision erases that stance and allows people not to be <br />held to that requirement. <br />Jabbour asked that the record show that the majority of the remaining portion of the <br />property is in the flood plain. <br />(The meeting was recessed for five minutes.) <br />(Mayor /Council Report precedes the City Attorney Report.) <br />(Engineer's Report, items #13 -15, follow the City Administrator's Report.) <br />• CITY ADMINISTRATORS REPORT <br />L� <br />( #I5) CASCO COVE ROAD MAINTENANCE UPDATE <br />Moorse reported that this item was being discussed as a result of public comments made <br />at the July 28 Council Meeting regarding the poor condition of Casco Cove Road. Mike <br />Barrett had requested at that meeting that the City take responsibility for ownership and <br />maintenance of the road. Staff reviewed the matter and identified the issues as related in <br />the memo by Gappa. <br />According to the Comprehensive Plan pertaining to Urban Transportation, urban streets <br />are to be maintained by the City. Moorse spoke with City Attorney Barrett regarding <br />legal responsibility. He indicated that he would generally believe in cases as this that <br />begin as a private road and become acquired by the City, the City would not be required <br />to take over maintenance as the road has always been maintained privately. Shore Hills <br />Drive and Dakota Avenue are two other urban roads that are not maintained by the City. <br />Residents along Dakota Avenue have requested the City to take over maintenance. All <br />other urban streets are maintained by the City. <br />15 <br />