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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, December 8, 2014 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />Page 9 of 26  <br />  <br />(11. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD – VARIANCES, <br />Continued) <br /> <br />The applicants would like the City Council to consider their reduced deck proposal tonight. Staff has <br />prepared two resolutions for consideration tonight. The first option approves the revised variances as <br />requested by the applicants. The second option is split into a denial of the structural coverage and <br />hardcover variances and approval of the setback variances permitting the second story additions. Staff <br />recommends approval of the variances for the second-story improvements but continues to recommend <br />denial of the structural coverage variance. The Council should review the applicants’ revised proposal <br />and consider adopting or amending one of the resolutions. <br /> <br />Gary Marquardt, the applicant, stated they have tried to understand where the City Council is coming <br />from on the structural coverage limit. Marquardt indicated he has looked at the appeals and adjustment <br />rules, and the salient factors in there are ones that he can reconcile in his head. Marquardt stated he is <br />wondering, in light of what they have done, how they apply. The rules state that variances shall be <br />permitted when they are in harmony with the general intent and purposes of the ordinance. Marquardt <br />stated in his view the intent of the ordinance was to try to have 75 percent of Orono to be green space in <br />total, but when you have lots that were deeded long ago that are pie-shaped and narrow in the front, it can <br />become an issue. Marquardt stated in his view those define a practical difficulty. <br /> <br />Marquardt stated the next items talks about it being a reasonable use, and that he has heard no arguments <br />that this would not be a reasonable use of the property. Marquardt stated they have personal reasons for <br />the deck that the Council cannot consider but that they are worth noting. Marquardt noted the essential <br />character of the locality consists of a deck on every home in the neighborhood except this house. <br />Marquardt stated they did not create this nonconforming lot, which is the biggest issue they have in <br />defining the practical difficulty. <br /> <br />Marquardt stated since the last meeting, they have looked over their property looking for additional items <br />that can be removed. <br /> <br />Staff displayed an aerial photo of the property. <br /> <br />Marquardt pointed out the narrow area where their dock is located and the larger oval in the middle of the <br />property where the deck will be tucked in. Marquardt stated every neighbor is in favor of the deck. <br />Marquardt stated they felt it would be good faith to remove other areas of hardcover on the property <br />wherever possible and that they have ended up with 67 square feet net gain in overall hardcover, which <br />seems to be a very small request. <br /> <br />Marquardt stated in their view there is the barest justification for denial of their request. Marquardt stated <br />he understands the Council has to make a decision, but that in his view if every single citizen in Orono <br />would see what is being proposed, the only people who might vote against it are in this room. Marquardt <br />stated the biggest fear appears to be that somebody else or a number of other people will request a deck. <br />Marquardt stated if someone has a similar situation and asked to increase the hardcover by 67 feet, in his <br />view that should be granted, and that he would encourage the Council to approve their proposal. <br /> <br />McMillan noted in 2001 a decision was made to remove the deck. McMillan asked if the applicant could <br />provide some background information on that.