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MINUTES OF THE REGULAR ORONO CITY COUNCIL <br />MEETING HELD ON AUGUST 25,1997 <br />(#6 - #2264 Janet Kiernan - Continued) • <br />Kiernan showed pictures of the property. <br />Christy said the resolution as proposed is acceptable to Kiernan. He noted if the <br />municipal sewer easement is included in the resolution, the easement should be restricted <br />to a 20' width. <br />City Engineer, Tom Kellogg, said the sewer easement referred to is one being negotiated <br />for the extreme northeast corner of the property to allow a directionally bored 8" pipe to <br />be installed to provide service to the property east of Kiernan. A back hoe would be used <br />for the sewer installation otherwise, resulting in a 20-25' deep hole with a steep bank. <br />The easement would decrease that digging to 10`. <br />Christy said he has not seen the legal description for the easement and would approve it <br />in the extreme northeast corner but would like it clarified. <br />Jabbour said the sewer easement should be independent from the application. Barrett <br />agreed with Jabbour. <br />Kelley said he was concerned with the 801/6/20 1/6, new /old, structure percentage. Gaffron <br />clarified that the 40% of the current structure would remain. Kelley said he opines that <br />the construction would result in a new structure. He would support the front and side • <br />yard setback variances. He would not support encroachment of the 75' setback. <br />Goetten noted that the code does not specify a policy regarding how much of an old <br />structure is required to remain in order to be considered as a remodel instead of new <br />construction. <br />Peterson remarked, that without this policy, she supported the application. <br />Jabbour acknowledged that the City should make a policy determination on this issue. <br />Goetten indicated that if foundation was removed, the structure should be behind the 0- <br />75' setback; but without a policy regarding the foundation in place, she would support the <br />Planning Commission recommendation. <br />Jabbour moved, Peterson seconded, to approve Resolution No. 3946 per the Planning <br />Commission recommendation, but excluding the condition regarding a sewer easement. <br />Gaffron indicated that a 10' corner of the house would remain in the 0-75' setback. <br />Jabbour verified that no additional structure would occur in the 0 -75' setback. Gaffron <br />said the construction would be remodeling only and no expansion of the footprint in the <br />0-75' zone and in the south side setback area. Most of the foundation is being used in <br />that area. Vote: Ayes 3, Nays 1, Kelley. <br />• <br />8 <br />