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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, April 14, 2014 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />    Page 8 of 30   <br />(8. #14-3656 NELCO LANDSCAPING ON BEHALF OF THOMAS RANGAARD, <br /> 2765 SHADYWOOD ROAD – AFTER-THE-FACT VARIANCE AND CONDITIONAL <br /> USE PERMIT, Continued) <br /> <br />Geer stated in essence their original designs were created from the site survey which was provided as a <br />reduced sized scan which was then scaled up. The deck designs were designed at 3 inches to a foot. As a <br />result of resizing the survey, an error may have occurred. The scaling difference was minor enough that it <br />escaped everyone’s notice until very recently. As a result, the amended plans reflect the design changes <br />necessary to meet the recommendations of the Planning Commission. <br /> <br />Geer stated they are open to removing some of the other hardcover on the site in order to build the deck as <br />designed since at this stage redoing the plans for a major revision would cause them to have to go through <br />the public hearing process again, which would cause an undue hardship. Geer stated the overall project is <br />designed to have a positive water quality benefits, such as a rain garden and restoration of the shoreline. <br />In addition, the decks have been designed to be permeable decks and not add to the amount of runoff <br />leaving the site. <br /> <br />Geer stated their goal has always been to design a beautiful landscape that will serve their client’s needs <br />and improve the quality of the runoff. The goal has also been to make a good faith effort to work with the <br />City to find an acceptable solution. Geer indicated they have made every effort to comply with the <br />recommendations of the Planning Commission and that they are humbly requesting the City Council <br />approve the variance and conditional use permit in recognition of the challenging zoning conditions given <br />the fact that this property has shoreline on both sides which makes it impossible to make improvements to <br />the hardcover without some sort of variance. <br /> <br />McMillan asked if the applicant would be able to remove hardcover from some other piece of the project <br />if the elevated patios remain. <br /> <br />Curtis stated the flattened area that is labeled as pavers is designed to fill in that spot and is not part of the <br />elevated patio area. Curtis stated the pavers could easily be removed. <br /> <br />Levang asked for clarification on the hot tub room. Levang noted at the Planning Commission meeting <br />there was a question regarding the accurate size of that structure. <br /> <br />Curtis indicated Staff does not have a question about the size of the hot tub room and that the initial <br />question came from the adjacent property owner who thought it was a deck. Curtis stated the City does <br />have a permit calling it a hot tub addition. <br /> <br />Levang asked if the footprint is going to change. <br /> <br />Curtis indicated it will not. <br /> <br />Levang noted the west patio appears to be an in-kind replacement and asked if it actually will be an <br />in-kind replacement. <br /> <br />Curtis stated for all practical purposes it appears to be an in-kind replacement. <br /> <br />Levang asked if there is some question about the eastern patio. <br /> <br />Item #02 - CC Agenda - 04/28/2014 <br />Approval of Council Minutes 04/14/2014 <br />[Page 8 of 30]