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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, August 13, 2007 <br />7:00 o’clock p.m. <br />___________________________________________________________________________________ <br /> <br />4. #07-3280/07-3281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CIRCLE – <br />VARIANCES – RESOLUTION NOS. 5646 and 5647 <br /> <br />Louie Baldwin, Property Owner, and Wayne Moore, Builder, were present. <br /> <br />Moore stated he was unaware of the requirement in the resolution to construct a lift and that they would <br />like the opportunity to leave the stairs in at this time and have some time to review the lift option. <br /> <br />White inquired what condition the stairs are currently in. <br /> <br />Turner stated the stairs and walls on both lots have been examined and that the stairs on 1350 should be <br />replaced and that the stairs on 1348 are in decent condition. Turner stated the City Attorney has <br />indicated the choice to leave the stairs is really up to the property owner and the City really cannot <br />compel the property owner to install a lift. Turner recommended on the first application that Item No. 5 <br />be removed and on the second application for Item No. 5 the deletion of the word stairs in the first <br />sentence and deletion of the entire second sentence. <br /> <br />McMillan stated the reason the removal of the stairs was recommended for inclusion in the resolution <br />was that the City Council wanted to know exactly what the access down to the lake was going to be and <br />the exact amount of hardcover that would be in the 0-75 foot zone. <br /> <br />Rahn stated in his opinion there will be an issue with the hardcover in this area at some point in the <br />future. <br /> <br />Bremer stated the property owner has the right to construct either stairs or install a lift as long as it <br />meets City code. <br /> <br />Mattick stated he did discuss the City’s ability to regulate hardcover in this area with Planner Turner. <br />Mattick stated the variance request before the City Council tonight is basically a hardcover variance and <br />that the City’s code does not count stairs built to a certain width as hardcover in the 0-75 foot zone. If <br />additional hardcover is requested beyond what is allowed, the City is able to regulate that. The City <br />does not have the ability to require the removal of the stairs and the installation a lift but that the <br />property owner does have to meet the regulations of the City. <br /> <br />Murphy noted one set of steps has been deemed to be unsafe and asked whether the City could require <br />that something be done with the steps. <br /> <br />Mattick stated that could be a condition of occupancy and that the Council could include language in the <br />resolution requiring that the steps must be replaced or brought up to a safe condition. <br /> <br />Moore stated they are unaware of the costs associated with installing a lift. <br /> <br />John Vogstrom stated a lift would cost approximately $13,000. <br /> <br />Rahn stated it was his understanding that the stairs would be counted as hardcover and are considered a <br />legal encroachment. <br /> <br /> <br />____________________________________________________________________________ <br /> PAGE: 3 <br />Item #02 - CC Agenda - 08/27/07 <br />Approval of Council Minutes 8/13/07 [Page 3 of 8]