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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 12, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ PLANNING COMMISSION COMMENTS – JON SCHWINGLER, REPRESENTATIVE None PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT 4. #03-2940 FRIEDELL ARCHITECTS AND BUILDERS ON BEHALF OF SCOT AND LISSA HARVEY, 1199 ELMWOOD AVENUE – REVISION TO VARIANCE Scot and Lissa Harvey, Applicants, were present. Rahn stated there appears to be a variance that was granted for a deck in 2003. Rahn asked whether the deck was constructed. Lisa Harvey stated the deteriorating deck was replaced. Rahn commented in his opinion this is an unusual procedure to be going through with adding something to a variance that was granted five years ago and not going through the public hearing process, especially given the fact that the variance is that old. Rahn stated in his opinion this application is seeking a new variance and should go through the proper procedure. Turner noted the variance was a hardcover variance, which is the issue tonight. The applicants are proposing to construct a 20 square foot addition and removing some nonstructural hardcover and adding structural coverage, which requires a change to the variance. The previously approved resolution requires city approval for that change. Staff did not feel it was necessary to go through a public hearing given the small amount of change being proposed. Rahn stated in his view it is a matter of protocol no matter how much hardcover is being requested. Turner stated if the applicants had requested a larger addition, it would have gone before the Planning Commission. Rahn stated while the amount of hardcover being requested is very minor, it still is unusual to be revising a hardcover variance to remodel the kitchen rather than granting a new hardcover variance and that it should go through the public hearing process. Rahn asked if it mattered to Staff how old the variance was. Turner stated a variance is forever and that the applicants are locked into the site plan that was approved five years ago. Turner indicated Staff would have brought the application before the Planning Commission if the applicants had requested any more hardcover and that the application could still be sent to the Planning Commission for their review. Rahn stated in his view this is a completely different application and that this new aspect of the plan should be reviewed. Rahn stated the additional hardcover would require a variance and that it is unusual to be adding the request to a five-year old variance. PAGE 2 of 9 Item #02 - CC Agenda - 05/27/08 Approval of Council Minutes 05/12/08 [Page 2 of 9]