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1 <br /> MINUTES OF THE � <br /> ORONO CITY COUNCIL MEETING <br /> Monday,October 8,2012 <br /> 7:00 o'clock p.m. <br /> (S. #12-3562 ARTHUR J.NELSONESTATE, 400 WILLOWDRIVE SOUTH, Continued) <br /> Mattick stated the applicant is requesting a motion to accept the first amendment to the development <br /> contract and to allow the applicant to proceed with a private road established through their homeowner's <br /> association documents. <br /> Franchot moved,Printup seconded,to authorize the Mayor and City Clerk to execute the First <br /> Amendment to Development Contract; the Road,Drainage and Utilities Easement; and the <br /> Declaration of Covenants,CondiNons,Restrictions and Private Roadway Easement. VOTE: <br /> Ayes 5,Nays 0. <br /> *6. #12-3572 MATTHEW FRITZ,4055 ELM STREET—VARIANES—RESOLUTION NO. <br /> 6172 <br /> Bremer moved,Franchot seconded,to adopt RESOLUTION NO.6172,a Resolution Granting <br /> Variances to Municipal Zoning Code Section 78-330, Matthew Fritz and Kristine Fritz,4055 Elm <br /> Street. VOTE: Ayes 5,Nays 0. <br /> 7. #12-3574 DALE GUSTAFSON WITH GUSTAFSON DESIGN,INC.,ON BEHALF OF <br /> CHRIS PATNODE, 1430 CHERRY PLACE—CONDITIONAL USE PERMIT AND VARIANCE <br /> —RESOLUTION NO.6173 <br /> Rahn stated his questions relating to this application are more procedural and asked if the applicant had to <br /> pay two fees, one for the conditional use permit and one for the hardcover variance. <br /> Curtis indicated it was a total of$700 for both items. <br /> Rahn noted a stairway is allowed hardcover in that zone and asked why it requires a variance. <br /> Curtis stated the Code only allows for minimal hardcover to access the lake and not a meandering <br /> staircase. <br /> Rahn asked why Staff recommends approval of that staircase if it creates more hardcover than a straight <br /> path. <br /> Curtis indicated they would still require the landings and that Staff feels there would be more opporturiity <br /> to screen the stairway than a straight stairway down the slope. The amount of grading would also be less <br /> invasive as well and would not require a conditional use permit. <br /> Rahn stated he did not see in the report where it addresses the width of the stairs. <br /> Curtis indicated the survey reflects the width of the stairway. <br /> Rahn asked whether a variance would be required if a homeowner has a lakeside stairway they would like <br /> to replace with the same square footage. <br /> Curtis indicated it would not require a variance. <br /> Page 6 of 21 <br />