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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2012 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 21 (5. #12-3562 ARTHUR J. NELSON ESTATE, 400 WILLOW DRIVE SOUTH, Continued) Mattick stated the applicant is requesting a motion to accept the first amendment to the development contract and to allow the applicant to proceed with a private road established through their homeowner’s association documents. Franchot moved, Printup seconded, to authorize the Mayor and City Clerk to execute the First Amendment to Development Contract; the Road, Drainage and Utilities Easement; and the Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement. VOTE: Ayes 5, Nays 0. *6. #12-3572 MATTHEW FRITZ, 4055 ELM STREET – VARIANES – RESOLUTION NO. 6172 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6172, a Resolution Granting Variances to Municipal Zoning Code Section 78-330, Matthew Fritz and Kristine Fritz, 4055 Elm Street. VOTE: Ayes 5, Nays 0. 7. #12-3574 DALE GUSTAFSON WITH GUSTAFSON DESIGN, INC., ON BEHALF OF CHRIS PATNODE, 1430 CHERRY PLACE – CONDITIONAL USE PERMIT AND VARIANCE – RESOLUTION NO. 6173 Rahn stated his questions relating to this application are more procedural and asked if the applicant had to pay two fees, one for the conditional use permit and one for the hardcover variance. Curtis indicated it was a total of $700 for both items. Rahn noted a stairway is allowed hardcover in that zone and asked why it requires a variance. Curtis stated the Code only allows for minimal hardcover to access the lake and not a meandering staircase. Rahn asked why Staff recommends approval of that staircase if it creates more hardcover than a straight path. Curtis indicated they would still require the landings and that Staff feels there would be more opportunity to screen the stairway than a straight stairway down the slope. The amount of grading would also be less invasive as well and would not require a conditional use permit. Rahn stated he did not see in the report where it addresses the width of the stairs. Curtis indicated the survey reflects the width of the stairway. Rahn asked whether a variance would be required if a homeowner has a lakeside stairway they would like to replace with the same square footage. Curtis indicated it would not require a variance. Item #02 - CC Agenda - 10/22/2012 Approval of Council Minutes 10/08/2012 [Page 6 of 21]