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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2012 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 21 (8. #12-3575 SCOTT AND MELISSA MUSGJERD, 4156 HIGHWOOD ROAD, Continued) Sharratt stated due to the steepness on the alley side, they cannot dig that area out. The applicants would be agreeable with saying that there will never be a screened porch and that they would be willing to put that into the title or deed. McMillan indicated she is in agreement with Council Member Rahn and Staff on this application and that a 10-foot setback is appropriate. McMillan stated part of the reason the City changed the hardcore ordinance is that they did not want to get into a situation where the setbacks were disregarded. McMillan commented there has to be some sort of parameters on setbacks and that the 10 feet setback being recommended by Staff is a good compromise. Printup moved, Rahn seconded, Application #12-3575, Scott and Melissa Musgjerd, 4156 Highwood Road, to accept Staff’s recommendation. Sharratt asked if the City Council is suggesting that the design revision is a requirement in order for them to proceed. McMillan stated they can enclose the deck as part of the house and that it is not a necessity to have a deck. McMillan stated the deck has to comply with the 10-foot setback. McMillan stated the City Council can either vote on the application tonight or the applicants can request that their application be tabled. Mr. Musgjerd indicated they are supposed to close on the property November 13th. Curtis noted the next City Council meeting is October 22nd. Mattick stated no one is requiring the deck. Sharratt stated unless they are willing to redesign the home to make all the space interior or place the deck on the lakeside, those are their only options. Rahn noted on the alley side they are required to have a 35-foot setback and Council would allow a variance on the garage end of the house, but on the lake side of the home the majority of the Council is agreeable with a 10-foot setback instead of 3.5 feet. McMillan stated she considers the garage to be a hardship and that a deck is not a hardship. Rahn asked if there is an average lakeshore setback for this property. Curtis indicated the average lakeshore setback line is shown on the overhead. Sharratt asked if the motion prevails if that means they need to maintain the footprint of the house. Bremer stated the answer is no. McMillan stated the deck footprint would have to be reduced to comply with the 10-foot setback. Item #02 - CC Agenda - 10/22/2012 Approval of Council Minutes 10/08/2012 [Page 11 of 21]