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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 28 (5. RYAN COMPANIES US, INC., 450 AND 550 OLD CRYSTAL BAY ROAD NORTH, Continued) Bremer moved, Rahn seconded, to direct Staff to draft an amendment to the development agreement between the City of Orono and Ryan Companies US, Inc., with the understanding that the building can remain on the site until December of 2020, or if empty for 24 consecutive months, the building would need to be demolished by July 1st of the following year. VOTE: Ayes 5, Nays 0. *6. 11-3517 PATTI M. HYLEN, 1299 WILDHURST TRAIL, VARIANCE – RESOLUTION NO. 6071 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6071, a Resolution Granting a Variance to Municipal Zoning Code Section 78-330 for the property located at 1299 Wildhurst Trail. VOTE: Ayes 5, Nays 0. 7. #11-3518 WILLIAM H. KOCH, 3251 CASCO CIRCLE, VARIANCE & CUP William Koch, Applicant, was present. Curtis stated the applicant is proposing to remove an existing porch and construct a new 28' x 11' addition with partial second story on to the rear of the existing home at an 11.7 foot setback. The existing home is set back from the side street lot line along Tonkaview Lane where a 35-foot setback is normally required. In order to construct an addition, a side street setback variance is required. The proposal will be conforming with respect to hardcover as well as structural coverage limitations. A conditional use permit is also required due to the amount of earth movement in the 0-75 foot zone. In 2006, a new home was constructed on the property. Variances for lot area, lot width, and hardcover were granted, allowing 3,363 square feet of hardcover within the 75-250 foot zone in conjunction with the approved plans. The home was constructed generally according to the approved plans. The patio shown on the variance approval and building permit survey was not constructed and therefore not included in the existing hardcover. In 2006, the City did not have an as-built survey requirement and there appear to have been minor changes during the construction which resulted in additional hardcover consisting of landscaping and walls. The proposed patio was not constructed and the driveway was reduced and reconfigured to avoid an existing tree which has since died. The applicant would like to reconstruct the driveway and construct a lake-side patio. The applicants would like to reconstruct and reconfigure their paver driveway. The existing pavers are sinking and deteriorating and the layout is not functional. The applicant's proposed hardcover changes within the 75-250 foot zone result in 634 square feet of additional hardcover above the existing level and 724 square feet over the amount approved in 2006 resulting in 38.9 percent where 32.8 currently exists. The applicant is proposing to incorporate a pervious patio design with a catch basin and pipe to drain storm water to the existing rain garden. The lake slope wall and stair system is comprised of wooden timbers and is rapidly deteriorating. The applicant would like to remove the existing stairs, install a subterranean support system to stabilize the slope and construct a new stair system. A conditional use permit is required due to the amount of disturbance proposed. The stair system hardcover is considered allowed hardcover within the 0-75 foot zone. Item #03 - CC Agenda - 09/26/2011 Approval of Council Minutes 09/12/2011 [Page 7 of 28]