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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 16 (9. #09-3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD, Continued) the applicants chose to request a variance for the setback rather than move the monument out of the County right-of-way. In 2007, the applicants went through a variance process in order to construct a new home on the 1.07 acre property. At that time entrance monuments were not considered part of the approved plan nor were they accounted for in the hardcover calculations. The hardcover calculations that were submitted were not prepared by the surveyor and reflect an increase in the area within each zone. Staff finds that the plans must abide by the previous level of hardcover. There is no hardship to grant a hardcover variance as the property is already considerably maxed out on hardcover. Additionally Staff finds that although the location of the entrance monuments may be reasonable considering the distance from the paved County road, the gate setback is not. The purpose for the 40-foot setback from the roadway is to allow for stacking off the roadway when the gate is closed. A truck with a boat trailer pulling into the property would be well into Tonkawa Road with the gate at the proposed location. When a gate is proposed all of the calculations have to assume the gate is closed. The Planning Commission voted 5-0 to recommend denial of the setback variance for the gate, denial of the hardcover variance, and approval of the setback variance for the entrance monument consistent with Staff’s recommendation. Planning Staff recommends the City Council direct Staff to draft a resolution either approving or denying the variances as proposed. Ebertz distributed photographs of his driveway to the Council. Ebertz stated at the time of the initial application, he did not have any children and that they currently have one child and are expecting another child in the very near future, which is the impetus for their request for a gate and monuments. Ebertz illustrated the monuments that would be removed and pointed out that the photographs show there is significant room to park vehicles in the driveway before the gate. McMillan asked whether the yard would be fenced in. Ebertz indicated they have a natural fence consisting of arborvitae that they will be retaining. Steingas stated they were granted a certain percentage of hardcover in the 0-75 at the time the Council approved the original application and that both hardcover calculations were done by Mark Gronberg. The line changed for the 75-250 foot zone and the hardcover followed that line change. In the 0-75 foot zone, the square footage of that zone went down considerably and the hardcover went down slightly. The hardcover is within the percentages approved even though the exact square footage does not comply. McMillan asked whether Gronberg gave a reason for the change in hardcover. Steingas stated to his understanding the rip-rap changed the square footage but that they were going with the percentage versus the square footage. White noted the house is five feet further back than what was original contemplated. Item #02 - CC Agenda - 10/26/09 Approval of Council Minutes 10/12/09 [Page 10 of 16]