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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 16 (9. #09-3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD, Continued) Steingas stated the rest of the area complies in percentage to the original variance but that there is a difference in square feet. Curtis noted there is a difference of 162 square feet of additional hardcover, and that it is her understanding from speaking with the landscaper that the additional hardcover consists of a retaining wall. Ebertz stated some of the hardcover that was proposed for the 0-75 foot zone is now located in the 75-250 foot zone. Curtis stated the property does comply with the percentages of hardcover that were approved but that the resolution does reflect a square footage. Murphy asked what the remedy would be. Curtis stated they would like some hardcover removed and that there is a retaining wall that could be removed which was not in the original plan. Curtis indicated it is her understanding the driveway was narrowed to offset the retaining wall. Ebertz stated the retaining walls were constructed to help preserve two trees. Murphy noted the City Council has had a number of discussions with the applicant and that this is approximately the third or fourth after-the-fact variance that has occurred. Curtis noted it is the fourth after-the-fact variance. Steingas asked whether the City is getting too specific by requiring the exact square footage of every hardcover area and that it might be easier to comply with a flat percentage. Steingas indicated he did construct the house as best he could to comply with the City’s hardcover requirements and that he went with the percentage since that is what is required by the City’s ordinance. Murphy stated the major issue is the gate and the monuments and noted that the Planning Commission recommended denial of the variances. Murphy asked whether this situation could be resolved by relocating the driveway, which would help square the monuments and relocate the gates. Murphy stated he has a concern that the arborvitaes will not keep the applicant’s children in the yard. Curtis illustrated the original plan that has the driveway proposed at a more northerly location. Steingas stated if the driveway is relocated further north, there is not enough driveway between the utility pole and the house and that all the utilities would need to be moved. McMillan asked whether rip-rap has changed a survey in the past. Curtis indicated she has not had one that has changed the numbers so dramatically. Franchot asked what the driveway is constructed out of. Item #02 - CC Agenda - 10/26/09 Approval of Council Minutes 10/12/09 [Page 11 of 16]