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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 13, 2016 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 5 of 14 <br /> <br />9. #16-3830 ZEHNDER HOMES, INC., 1255 DICKENSON STREET – VARIANCES <br />(continued) <br /> <br />Walsh questioned why it has to be under two acres and why it is okay that someone can have a deck at <br />two acres but not at 13,000 feet or at 25,000 feet or 32,000 feet or one acre. Walsh stated it is the haves <br />versus the have nots and that they are separating out the lots in the city. Walsh stated if someone has 4 <br />half-acre lots, which equals two acres, they do not get to have a deck, but the guy with two acres gets to <br />have the deck. Walsh stated it does not make sense, and that if the Council wants to keep making it into <br />the haves and have nots, then everyone should know what is going on. <br /> <br />Levang commented Council Member Walsh is making it into the haves and have nots and that Orono is <br />made up of all different kinds of parcels Levang stated there are different types of rules that apply to the <br />different lots and that the 15 percent structural coverage is the rule that applies to this lot. <br /> <br />Walsh noted Item 12 is looking to change that rule. <br /> <br />Levang stated when the Council gets to Item 12, they can talk about that item, but that right now the <br />Council is looking at this particular lot, which is what the Council does when someone requests a <br />variance. Levang stated the City Council attempts to have compliance with its codes as much as possible. <br />Levang noted the applicant will likely get their setback variances, but that she is not willing to agree to a <br />structural lot coverage variance, which is her choice. <br /> <br />Walsh concurred that this is Council Member Levang’s choice but that he obviously disagrees. <br /> <br />Council Member Cornick asked whether the applicant was agreeable to reducing it to a two-stall garage. <br /> <br />Gaffron stated Staff has not discussed that specific point with the applicants but that the applicants have <br />designed the house up to the 15 percent limit without the deck. <br /> <br />Eric Zehnder, Zehnder Homes, stated when he asked about the rules, there was either a <br />miscommunication or a misunderstanding on whether the deck was included in the structural coverage <br />and their understanding is it was not. Zehnder indicated they then designed the house to the 15 percent <br />structural coverage without the deck. Zehnder stated they did not find out until after they submitted the <br />plans that the deck should have been included in the 15 percent. <br /> <br />Printup asked if he found the structural coverage definition confusing. <br /> <br />Zehnder indicated he did not but that he did not read the ordinance word for word. Zehnder stated he <br />thought Staff had indicated the deck would not be included and that his understanding now is that a deck <br />is not included if it is less than six feet off the ground. Zehnder indicated having a deck six feet high did <br />not come up in the conversation. <br /> <br />Zehnder stated he further understands that the ordinance is per existing grade and not proposed grade. As <br />Staff explained, the grade will be raised and will increase at that spot to ensure proper drainage. Zehnder <br />noted they will be close to the six foot but that he is not sure what the exact measurement will be. <br /> <br />Printup stated the bigger issue is what the City can do to be flexible and that the variance process allows <br />the City to be flexible.