08-12-1985 Council Minutes - Laserfiche WebLink

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MZNUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 12, 1985. PAGE 4 �876 DEAN & NANCY MONGE 3444 EASTLAKE STREET VARIANCE - FURTHER REVIEW Dean Monge was present for this hearing. City Administrator Bernhardson explained the applicants ' proposed re-designed patio which would encroach the 0-75 ' setback by 5 feet, and exceeding hardcover limits. Mayor Butler felt that due to the circumstances of the applicant' s being caught in the middle of this matter, and realizing the applicants 'preference for the existing patio and shape, she questioned whether it would be possible to keep the octagon patio design and would be willing to give a little on the encroachment of the 0-75 ' zone. Asst. Zoning Administrator Gaffron stated that if the octagon shaped patio were used it would encroach the 0-75' zone by approximately 9 ' in a limited area. Councilmember Adams stated that in other cases, property owners with much stronger rationale and aesthetic arguments have been made to conform with hardcover limits within the 0- 75 ' . Mayor Butler stated that the circumstances of this being a piece of property formerly owned by a commercial enterprise and sold to the applicant as is , makes this a special case. Councilmember Frahm stated because of the uniqueness of this property he would give within the 75-250 ' zone but feels uncomfortable of giving any leeway in the 0-75 ' zone because the builder directly went against what he was told by the City. Council unanimously agreed that if this was an initial request by the property owner to construct this type of hardcover within the 0-75 ' zone, it would have been denied. Planning Commission Representative J. Diann Goetten stated that because of the special circumstances, the recommendation of the Planning Commission was to only remove the sidewalk within the 0-75 ' in front of the patio and leave the existing patio and sidewalk to house as is. Again, it was noted that if this had been an initial request, the Planning Commission would have recommended denial. Mr. Monge stated that although the re-designed patio is not as desirable as the existing patio, they would rather take the re-designed patio than no patio at all. It was moved by Councilmember Adams, seconded by Mayor Butler, to authorize staff to draft a resolution granting permission for the proposed 12 ' x18 ' rectangular patio and adjoining sidewalk as recommended by staff , and setting a deadline date of September 30 , 1985 to removed existing patio and sidewalk to lake. Motion, Ayes ( 2 ) , Nays (1 ) . Councilmember Frahm voted nay.