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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 /> (Il. #14-3697 GARYAND JOAN MARQUARDT,2617 CASCO POINT ROAD— VARIANCES, <br /> Continued) <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 /> 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 /> 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 /> defming the practical difficulty. <br /> Marquardt stated since the last meeting,they have looked over their property looking for additional items <br /> that can be removed. <br /> Staff displayed an aerial photo of the property. <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 /> 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 /> 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. <br /> Page 9 of 26 <br />