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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 27, 2009 7:00 o’clock p.m. ______________________________________________________________________________ PAGE 5 (4. #08-3378 MICHAEL AND JULIE WHITTINGTON, 1981 FAGERENESS POINT ROAD, Continued) maximum allowed is 25 percent. In addition, they are also requesting a variance to allow a swimming pool and pergola lakeward of the average lakeshore setback. The Planning Commission voted 6 to 0 and recommended approval of a hardcover variance to allow 30.01 percent hardcover in the 75-250 foot zone and denial of the average lakeshore setback variance for the swimming pool and pergola. Turner noted the recommended hardcover number did not include the retaining walls for the driveway and front entry. The additional hardcover changes Staff’s recommendation to 31.97 percent hardcover and that the City Council should consider the numbers contained in the revised table. Staff feels the property does have issues and that some additional amount of hardcover is necessary. Murphy noted that the real issue is the swimming pool and pergola. Whittington indicated they are willing to remove the swimming pool, which would reduce the hardcover. Whittington stated in order to allow for maintenance of the driveway and easier access to the house, they would like a 12 foot wide driveway rather than the recommended 10 foot wide one. This would add approximately 70 square feet of hardcover. Whittington requested they be allowed a deck on the front part of the house and a patio on the back side of the house, which would amount to 460 square feet of hardcover. Whittington noted they are at 43.6 percent hardcover currently and that their proposal reduces the amount of hardcover to 31.97 percent. They are also correcting a number of nonconformities with this project. The house is not extravagant and does not have a full second story. Whittington stated given the topography of the lot, the building sites are limited and that this spot is the best location for the house. White asked whether Mr. Whittington has just purchased the property. Whittington indicated he purchased the property in 2002. Whittington stated the pergola extends into the average lakeshore setback but merely consists of two posts. The pergola is designed to provide some shade rather than them planting some trees, which would truly block the neighbors’ views. Franchot asked whether the neighbors are supportive of the project. Whittington indicated the neighbors are very supportive. Franchot asked whether the house is located right on the average setback line. Whittington indicated they do have approximately six to eight feet. Turner illustrated on the overhead the location of the pergola in relation to the average lakeshore setback line. McMillan asked how far the pergola would extend out. Item #02 - CC Agenda - 05/11/09 Council Minutes 04/27/09 [Page 5 of 18]