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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2012 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 21 (7. #12-3574 DALE GUSTAFSON WITH GUSTAFSON DESIGN, INC., ON BEHALF OF CHRIS PATNODE, 1430 CHERRY PLACE, Continued) Rahn stated the issue is the fact that it is not a straight stairway. Rahn asked whether a variance would be required if they decided to add a lockbox at 20 square feet. Curtis indicated it would not require a variance. Rahn commented he also wanted to ensure that the applicants were not being charged two $700 fees prior to approving the application. Curtis stated the Staff has done an analysis and there is a breakdown of what the City incurs to process various applications. Rahn asked if a conditional use permit request should be on the same application as a variance application. Curtis indicated there is a different notification requirement for each of these applications and they need to be kept separate. Rahn asked if a variance application was completed. Curtis stated to her knowledge they have a variance application on file. Rahn moved, Printup seconded, to adopt RESOLUTION NO. 6173, a Resolution Granting a Conditional Use Permit and Hardcover Variance per Municipal Zoning Code Sections 78-1282, 78- 1286, and 78-1288, Christopher Patnode, 1430 Cherry Place. VOTE: Ayes 5, Nays 0. 8. #12-3575 SCOTT AND MELISSA MUSGJERD, 4156 HIGHWOOD ROAD – VARIANCES Curtis stated the applicants are proposing to construct a new residence on the property. Due to the size, shape and orientation of the property, the applicants are requesting lot area, lot width, and side street setback variances in order to construct the proposed 1,580 square foot home. The Planning Commission held the public hearing for this application prior to the adoption of the new hardcover regulations. At that time a 75-250 foot zone hardcover variance to allow 37 percent hardcover was being requested. Using the gross lot area, the proposed hardcover is at 24.2 percent. The applicants’ hardcover now conforms to the revised hardcover regulations for a Tier 1 lot. At the Planning Commission it was discovered that there was a discrepancy in the applicant’s survey and the architect’s plans. The Planning Commission voted 7-0, based on the architect’s plans, to approve a motion recommending the following: 1. Approval of a side street setback variance to allow the home to encroach into the west side, street setback consistent with the applicants’ architectural drawings, resulting in a setback between 10 – 7.6 feet from the west, side lot line; Item #02 - CC Agenda - 10/22/2012 Approval of Council Minutes 10/08/2012 [Page 7 of 21]