10-13-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 21 (7. #14-3689 SVEN GUSTAFSON, 2490 CARMAN STREET – VARIANCE – RESOLUTION WAS APPROVED BUT TABLED FOR CHANGES, Continued) Staff recommends approval of the request and a resolution is before the City Council tonight granting the setback variance. Levang noted there is a willow tree near the lake and asked whether that is a tree located within the right- of-way. Curtis indicated she cannot answer that. Curtis displayed the survey on the overhead. Levang noted there are no markers in that area; which makes it difficult to tell. Eric Mercer, Builder, stated they are not planning on doing anything with the willow tree and that to his knowledge it is at the end of the fire lane but that he is not sure whose property it is on. McMillan stated she would like the City to think about protecting the City’s fire lanes in their resolutions. McMillan noted in the past there have been issues with people who build next to a fire lane or encroach into a fire lane and that this is an opportunity to spell out what the fire lane is used for and how it is expected to be left open to the public. McMillan noted there was a dock located at this access at one time and that the neighbors did speak at a Park Commission meeting about how they would like the dock reinstalled. The City has since reinstalled the dock. McMillan stated in her view the access should be protected for the neighborhood. McMillan indicated she is okay with the variance but that she would like the fire lane addressed in the resolution. Levang noted the City Council has discussed different fire lanes on a number of occasions in the past and how they are not distinguishable from the neighboring properties. Levang stated when there is a survey completed, the City has an opportunity to update the markers and that the City should take advantage of the situation and put in some type of marker or identifier since the neighborhood uses it. Bremer noted this is a fire lane that was sodded in the past couple of years by the City. While that was a big improvement in the appearance of the fire lane, it also creates some confusion about the fire lane and whether it is a side yard. Bremer asked if Council Member Levang was concerned about the health of the willow tree. Levang stated she was wondering whether the willow tree would be impacted by the construction. Levang asked if it is the intention of the applicant to retain the trees. Tom Flint, Architect, stated their intent is to retain as many trees as possible but that it is likely they will lose two of the trees. McMillan stated if the trees are replanted, they should not be planted on the property line next to the fire lane and that they should be planted several feet away from it.