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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2009 7:00 o’clock p.m. Page 3 of 8 6. #09-3427 ALONZO AND RENEE SERAN, 4099 HIGHWOOD ROAD – PUBLIC HEARING – VARIANCE RENEWAL – RESOLUTION NO. 5862 Alonzo and Renee Seran, Applicants, were present. Curtis noted this is a public hearing for this application. In June of 2008, the Serans received hardcover, side setback, number of stories and structural coverage variances in order to build a new attached garage to their existing home. The Serans are requesting a renewal of their expired variance in order to move forward with their plans as intended. Since the approval last June, the Serans have reviewed the language in the original approval resolution and have raised questions regarding the City’s request for an easement to protect a proposed drainage swale. At the Council’s direction, Staff and the Serans have discussed the easement language and the need for a drainage swale along the property line. Curtis noted that there is still some minor work to be done on the agreement, but that in her opinion an agreement will be reached shortly. Curtis recommended that the building permit not be issued until the agreement is finalized and signed. Mattick noted he has been in contact with the Serans’ attorney and that the only outstanding issue is the location of the swale. The City is requesting that the neighbor sign off on the agreement indicating that he is aware of the swale being located partially on his property. Mattick stated he did inform the neighbor that there will not be a pipe installed in the swale and that he is not aware whether any work will actually need to be done on the neighbor’s property. The City is requiring as part of the easement that a letter signed by the neighbor in favor of the easement be submitted. Curtis noted some work is required on the neighbor’s property. Mr. Seran indicated the work on the neighbor’s property is very slight. Mattick stated the variance would not be recorded until the City receives all of the required documents. Another solution would be to grant a 10-foot easement totally on Mr. Seran’s property. Mr. Seran stated the present swale works fine. Mattick noted he is not an engineer and that the City Engineer would be willing to look at whether a 5-foot swale located entirely on Mr. Seran’s property would be workable. Seran stated the swale would be 10-feet wide and that in his neighbor’s drainage plan, there was a swale depicted, which was never completed. Mattick reiterated he is not an engineer and that he has been told that they require a 10-foot easement. Kellogg stated there has been a change in the grading plan since the original approval and that the swale is depicted to be located on both properties rather than just on Mr. Seran’s property. Item #02 - CC Agenda - 09/28/09 Approval of Council Minutes 09/14/09 [Page 3 of 8]