05-27-2008 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 12, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (4. #03-2940 FRIEDELL ARCHITECTS AND BUILDERS ON BEHALF OF SCOT AND LISSA HARVEY, 1199 ELMWOOD AVENUE, Continued) Turner stated ultimately the variance would need to be revised if this request is approved even under a new application. Rahn asked if five years from now the applicants would like to construct a garage, would they be able to come and request that their hardcover variance granted a number of years be revised. Turner indicated that would be a separate application. Rahn reiterated that in his opinion this is sidestepping the due process procedure. Rahn noted he is not opposed to the change, but that it should follow the proper procedure of the City and that he has questions regarding the legality of adding it to an older variance. Rahn stated this should be a new application. Turner stated a variance is forever and that the applicants replaced a deteriorating deck. Lissa Harvey indicated they rebuilt the deck in a conforming location. Rahn stated this is a change in what was previously approved. Scot Harvey noted that 48 square feet of hardcover would be removed as part of this project. Rahn stated a process should be followed that allows a neighbor to comment or ask questions on the proposal and that the procedure being followed by Staff does not alert the neighbors to the request. Scot Harvey noted the addition does not go past the drip line of the roof. Rahn stated he is questioning the propriety of people being able to come before the City and ask for a revision to a previously granted variance. Bremer suggested the City Council recommend approval of the revision to the hardcover variance subject to the city attorney opining that due process is satisfied in this matter. Gaffron stated one of the key elements in the original resolution is that Council approval is based on the specific site plan that was attached to the resolution and that any amendments which are not in conformity to City Codes would need to get approval from the Council. Turner stated the change complies with the code but is a change in the nature of the hardcover. Murphy asked whether the City routinely exchanges structural for nonstructural hardcover. It was the consensus of the City Council that the City does not routinely exchange structural coverage for nonstructural hardcover. Gaffron stated there is specific wording in the resolution that would suggest the applicants need to go through a new variance application process. On page three of the resolution it reads: “Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved PAGE 3 of 9 Item #02 - CC Agenda - 05/27/08 Approval of Council Minutes 05/12/08 [Page 3 of 9]