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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, April 14, 2008 <br />7:00 o’clock p.m. <br />__________________________________________________________________________________ <br /> <br />PLANNING COMMISSION COMMENTS – MICHELLE WINER, REPRESENTATIVE <br /> <br />Winer stated she had nothing to report but would be available for questions. <br /> <br />PUBLIC COMMENTS <br /> <br />None <br /> <br />ZONING ADMINISTRATOR’S REPORT <br /> <br />*5. #07-3305 LAKE COUNTRY BUILDERS ON BEHALF OF JAMES ZIMMERMAN, <br />2745 SHADYWOOD ROAD – VARIANCE – RESOLUTION NO. 5741 <br /> <br />Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 5741, a Resolution Granting a <br />Variance to Municipal Zoning Code Section 78-1279 and 78-1288, for the Property Located at <br />2745 Shadywood Road. VOTE: Ayes 4, Nays 0. <br /> <br /> <br />6. #08-3335 DOUGLAS W. AND MARGARET S. FRANCHOT, 2010 COLIN DRIVE – <br />VARIANCE <br /> <br />Douglas and Margaret Franchot, Applicants, were present. <br /> <br />Turner stated the applicants are requesting a variance to construct an in-ground swimming pool on <br />their property along with a 34’ x 12’ multi-purpose pool building situated with the 34’ length facing <br />Colin Drive. The existing home is located 130 feet from Colin Drive. The required front yard setback <br />is 50 feet. The applicants are requesting a variance to construct the pool 75 feet from Colin Drive, <br />which is ten feet closer than previously proposed, and are also proposing to locate the pool building 50 <br />feet from Colin Drive, which is nine feet closer than previously proposed. Both meet the front yard <br />setback but are still located ahead of the principal structure. <br /> <br />The Planning Commission has reviewed this application twice and has recommended 6 to 1 to deny <br />the variances based on the fact that the applicants have reasonable use of the property without the pool <br />and pool house, there are conforming locations on the property for the pool and pool house, and the <br />proposal, in particular the pool house, would not be compatible with the surrounding area. Turner <br />stated Staff is in agreement with the recommendation of the Planning Commission. <br /> <br />This property is served by an on-site septic system as opposed to City sewer. City sewer is not an <br />option as the property is not located within the MUSA. Prior to allowing the applicants to use the <br />potential septic treatment area in their yard, the applicants must prove to the City that sufficient <br />alternate septic locations are identified. The applicants have submitted their revised plans and the <br />City’s septic manager has deemed them acceptable. Turner noted the current septic system is <br />nonconforming and must be totally replaced. <br /> <br />Rahn expressed concern regarding the noise that would be generated from the use of the pool and <br />stated he would feel better about this application if he knew all the neighbors are in agreement with the <br />proposal. <br /> <br /> <br />PAGE 2 of 13 <br />Item #02 - CC Agenda - 04/28/08 <br />Approval of Council Minutes 04/14/08 [Page 2 of 13]