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. , <br /> . <br /> MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 5 <br /> #930 SHAVER/TEARSE continued <br /> Acting Mayor Frahm indicated his concerns with Attorney <br /> Radio' s opinion. Frahm also stated he felt that the lots <br /> should be combined and he still had concerns on the <br /> liability. <br /> Councilmember Grabek stated that he felt the applicant <br /> should have the right of access to his piece of property which <br /> has been recognized as a legal piece of property by the State <br /> and City and which applicant is paying taxes on. <br /> Councilmember Hammerel agreed with Councilmember Grabek' s <br /> statement. <br /> Acting Mayor Frahm stated that he would be against it unless <br /> the two pieces of property were legally combined. <br /> Zoning Administrator Mabusth asked the Councilto reconsider <br /> their original approval of a rear setback variance for the <br /> proposed residence on the interior lot. A recent survey <br /> confirmed the house will be set 30 . 8 feet from the rear lot <br /> line not 37 feet as originally proposed. <br /> Attorney Radio stated that the applicant must file a separate <br /> application request for use of the public right-of-way and a <br /> variance to allow the dock as a structure, which must be <br /> presented before the Planning Commission. <br /> It was moved by Councilmember Grabek, seconded by Acting <br /> Mayor Frahm, to conceptually approve the rear setback <br /> variance application of Jim Shaver and directed staff to <br /> prepare a resolution for formal action by the Council at the <br /> next meeting. Council further directed the applicant to <br /> file a separate variance application with the City in order <br /> to permit construction of an accessory dock on a lot that <br /> could not sustain a principal structure in addition to <br /> seeking formal approval of the use of the public right-of- <br /> way. Motion, Ayes (3 ) , Nays (0 ) . <br /> #941 PAUL NUTT - RES. #1846 <br /> #946 DAVID C. COOR - RES. �1847 <br /> �951 JOHN THIMMISH - RES. #1848 <br /> 2739 SHADYWOOD ROAD <br /> CONDITIONAL IJSE PERMIT/VARIANCE <br /> Paul Nutt, David C. Cook, and John Thimmish were present for <br /> this matter. <br /> City Administrator Bernhardson explained the applicants ' <br /> request for a ) variance to maintain a dock (accessory <br /> structure ) on a lot without a principle structure b) <br /> conditional use permit and variance to continue the non- <br /> conforming use, be recognized as a legal non-conforming use. <br />