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HomeMy WebLinkAbout11-08-2004 Council Minutes• ROLL • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson; Council Members Jim White, Lill McMillan, and Bob Sansevere arrived at 7:07 p.m.; Representing Staff were City Attorney Thomas Barrett, City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Melanie Curtis, Planner Janice Gundlach, Public Service Director Greg Gappa, Engineer Tom Kellogg, and Recorder Jackie Young. Council Member Jim Murphy was absent. Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA *1. APPROVE /AMEND Items 10, 11, 12, 13, 15, 16, 17, and 18 were added to the Consent Agenda. White moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. RECOGNITION Mayor Peterson, on behalf of the City of Orono, recognized Stephanie Grande, Volunteer Services Coordinator, for her contributions to the Orono Police Department, particularly for her efforts at designing and implementing the police web site and for facilitating the first ever Orono Citizens Police Academy. Peterson moved, Sansevere seconded, to adopt RESOLUTION NO. 5245, a Resolution Recognizing Volunteer Program Coordinator Stephanie Grande. VOTE: Ayes 4, Nays 0. Peterson moved, McMillan seconded, to approve Stephanie Grande's continued appointment as the Orono Police Department Volunteer Program Coordinator. VOTE: Ayes 4, Nays 0. PRESENTATION 2. SERGEANT STRIPES TO JAMES CORNICK Mayor Peterson, on behalf of the City of Orono, presented sergeant stripes to James Cornick. APPROVAL OF MINUTES *3. REGULAR COUNCIL MEETING OF OCTOBER 25, 2004 White moved, McMillan seconded, to approve the minutes of the Regular City Council meeting of _ October 25, 2004, as submitted. VOTE: Ayes 3, Nays 0. PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. *4. SPECIAL COUNCIL MEETING OF THE CANVASSING BOARD OF NOVEMBER 4, 2004 White moved, McMillan seconded, to approve the minutes of the Special Council Meeting of the Canvassing Board of November 4, 2004, as submitted. VOTE: Ayes 3, Nays 0. PARK COMMISSION COMMENTS — NO REPRESENTATIVE PRESENT Next meeting scheduled for November 29, 2004. PLANNING COMMISSION COMMENTS — J. MARC FRITZLER, REPRESENTATIVE Fritzler stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Allan Engleman, 315 Old Crystal Bay Road North, requested the City Council address the issue of boat storage at 285 Old Crystal Bay Road North. Engleman indicated this issue arises each fall. Engleman stated the property is currently vacant, noting the City's ordinance requires that any boat stored on a residential lot must be owned by the person occupying the premises. Engleman indicated he did bring this issue to Council Member Murphy's attention two weeks ago. Peterson indicated this issue was discussed at a work session last week. Peterson stated Staff is looking into whether the boats are owned by the property owner. Moorse stated Staff has checked the licensing and registration for the boats and has verified that not all of the boats that are currently being stored on the lot are owned by the property owner. Moorse stated the City has sent the property owner a letter notifying him that the boats must be removed as well as some other items that should not be stored on the property. Peterson inquired what time period the property owner was given to remove the items. Moorse stated normally they are allowed ten days to two weeks. Engleman commented there currently are three trailers on the lot, with five trailers having been stored on the property all summer. ZONING ADMINISTRATOR'S REPORT *5. #2461 BRYSON AND JOHNSON, 650- 660 - 670 -680 BIG ISLAND — SUBDIVISION OF A LOT LINE REARRANGEMENT — EXTEND APPROVAL — RESOLUTION NO. 5246 White moved, McMillan seconded, to adopt RESOLUTION NO. 5246, a Resolution Granting an Amendment to Resolution No. 4794, an extension of the lot line rearrangement approval, for William Bryson and James Johnson, 650- 660 - 670 -680 Big Island. VOTE: Ayes 3, Nays 0. PAGE 2 • CJ • MINUTES OF THE ` ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. • 6. #04 -3024 CITY OF ORONO, LARGE VEHICLE STORAGE PERMIT — ORDINANCE NO. 21, THIRD SERIES Gaffron stated the City Council at its last meeting took action that directed Staff to draft a final version of the ordinance amending the City's vehicle storage regulations to allow for continued large vehicle storage by property owners who have two to five acre lots who have previously stored such vehicles, subject to a one -time permit, and subject to generally the same conditions as established for lots of five acres or larger. Gaffron noted Council made one change at their last meeting in a shared driveway situation by changing the language from "the City must have on file an agreement signed by all current driveway users" to "the Applicant shall demonstrate that the appropriate easement exists ". Gaffron stated one item for potential discussion is whether the Council wishes to be involved in the permit review process. As written, the ordinance does not address the review process and it is assumed that such permits will be reviewed and issued by staff without Council involvement. Gaffron noted the ordinance also does not require any public hearing or neighbor notification. Should staff conclude that an application does not qualify for the permit, the applicant could request a hearing before the Council through the administrative appeal process. Gaffron indicated the ordinance revises the fee schedule for the remainder of 2004 by establishing a $30.00 permit fee to cover administrative costs. Concerning implementation, the ordinance does not set a deadline for applying for this permit. Staff's intent is to identify all known existing users and send them notification that a permit is required for continued large vehicle storage. Gaffron stated Staff would likely • set a 60 -day deadline for submittal, with those property owners not applying for a permit being renotified and given another 30 -day grace period. Gaffron stated the City could take legal action or find the property owner in violation of the vehicle storage ordinance. Gaffron suggested as an incentive to gain permit compliance the City offer the permits free of charge for the first 90 days and then require a $30.00 fee thereafter. Gaffron noted that change would require a minor modification to the ordinance language. Staff recommends adoption of the ordinance. Gaffron stated Mrs. Timm has inquired tonight concerning the storage of trailers over 10,000 pounds. Gaffron stated the ordinance before the Council tonight does not change the language that was adopted last November. White inquired what currently is in place governing trailers. Gaffron stated it is his understanding that any trailer over 10,000 pounds cannot be stored on a residential lot. Mrs. Timm indicated she has brought up the issue of the trailer with Ron Moorse all along. Timm stated the trailer is licensed and registered. Timm indicated it is likely the truck would be sold but that the trailer would remain. Sansevere inquired whether the trailer is over the 10,000 pounds. • Timm stated it is 12,000 pounds. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. .1 (6. #04 -3024 CITY OF ORONO, LARGE VEHICLE STORAGE PERMIT, Continued) 0 Moorse stated this ordinance has only focused on storage of large vehicles. Gaffron stated the section of the Code being discussed is 78- 1491(h), which was changed in November of 2003 to require that no trailer in excess of 10,000 pounds gvw shall be parked or stored in a residential district except for loading, unloading, or rendering service. Gaffron stated shortly before the start of tonight's meeting is the first time he has been made aware that there is a 12,000 -pound trailer being stored on this property. He stated that trailers have not been discussed in conjunction with this ordinance amendment. Peterson and Sansevere concurred that the trailer is a new issue and has not been previously discussed in conjunction with the ordinance amendment. Peterson suggested the trailer be dealt with separately. Peterson inquired whether the trailer was disallowed as of November of 2003. Gaffron stated that is correct. Peterson indicated the City would have to deal with the trailer at another time. Timm inquired whether the trailer could be included in the permit application. Peterson stated it could not be since they are two separate issues. Peterson inquired whether there were any public comments concerning this application. • There were no public comments. Sansevere moved, McMillan seconded, to adopt ORDINANCE NO. 21, Third Series, an Ordinance Amending Chapter 78 of the Orono Municipal Code by Amending Section 78- 1577(C) Regarding Vehicle Storage in "R ", with the $30.00 fee being waived for the first 90 days. VOTE: Ayes 4, Nays 0. 7. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD — VARIANCES Eric Vogstrom, Applicant, was present. Peterson stated a significant change in plans has been presented on this application. Peterson noted Staff is recommending that this application be referred back to the Planning Commission. Peterson inquired whether Staff should proceed with their report tonight concerning this application given the recommendation. White inquired whether the applicant is aware of the recommendation. Curtis stated the applicant is aware of the recommendation. Barrett indicated he did speak this morning with the applicant's attorney who concurred that the application be sent back to the Planning Commission. • PAGE 4 MINUTES OF THE V ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. is (7. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Peterson inquired whether the applicant was in favor of the Council tabling his application and referring it back to the Planning Commission. Vogstrom indicated that would be okay. Vogstrom inquired whether the Council wished to address the issue of the tree removal. Sansevere recommended the applicant not remove any additional trees. Sansevere noted the tree removal and the variance application are two separate issues. Curtis noted if the application were tabled tonight, it would be on the November 15 "' Planning Commission agenda. Peterson moved, White seconded, to table Application #04 -3052, Eric Vogstrom, 2618 Casco Point Road. VOTE: Ayes 4, Nays 0. 8. #04 -3054 JON AND GAIL BLACKSTONE, 4475 FOREST LAKE LANDING — VARIANCES — RESOLUTION NO. 5247 Jon and Gail Blackstone, Applicants, were present. Gundlach stated the applicants are requesting a lot width variance in order to construct a new residence on an existing lot. The lot consists of two existing 55 -foot lots that have been combined for a total lot width • of 110 feet at the road. The lot width requirement in this zoning district is 140 feet, with 112 feet being needed for administrative approval. Gundlach noted the lot area does meet the administrative approval standard at approximately .898 acres. The applicant has submitted a plan for a new residence that meets all setback, hardcover and lot coverage standards. City Staff and the applicant's engineer have agreed on a grading plan that will not negatively impact adjacent neighbors and route all new stormwater to the street. Gundlach noted no building permit would be issued until the City Engineer approves the final version of the plan. In addition, the applicants are proposing to retain the existing accessory building located near the road. Since the accessory structure would be located nearer to the street or front lot line than the new residence, a variance is required. Gundlach stated the applicants do have the ability to relocate the structure to the 75 -250' zone, which would meet all setback and hardcover standards or they have the option of incorporating an additional stall into the attached garage to gain additional storage space. The Planning Commission recommended approval of the lot width variance and denial of the variance to permit an accessory building to be located nearer to the street or front lot line than the principal structure. Approval of the lot width variance is subject to a grading plan acceptable to Staff and the City Engineer. Staff continues to recommend denial of the requested variance to keep an existing accessory building closer to the street or front lot line than the principal building. Jon Blackstone, 4465 Forest Lake Landing, stated the only issue apparently outstanding is the shed, which received a new roof and paint last summer at a cost of approximately $2,000. Blackstone noted • that shed has existed in its current location for over 20 years. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. (8. #04 -3054 JON AND GAIL BLACKSTONE, 4475 FOREST LAKE LANDING, Continued) Blackstone stated the location and design of the new house and pool is meant to minimize runoff and disruption of the topography, with the lot containing approximately 30 mature trees, a number over 100 years old. Blackstone indicated the shed is currently used to store snowmobiles, snowblowers, riding lawnmowers and kids' toys. Blackstone stated the proposed location of the house and pool does not leave room for access to the back of the lot. Blackstone stated they are requesting they be allowed to relocate the shed adjacent to the garage, which is approximately 160 feet from the street, and that they would be willing to camouflage the shed to lessen its visibility from the street. Blackstone stated the hardship they have is the lack of storage if the shed is required to be removed. Sansevere noted the hardship must be inherent to the land and not to the property owner personally. Gail Blackstone stated it is her understanding that on occasion the City has grandfathered in similar types of structures. Blackstone noted the other homes on this street face the lake, with their back yards facing the street. Blackstone stated this is the only lot on the street where the area next to the street is considered the front yard. Blackstone stated prior to the improvement work done on the shed, it was looking very rundown and leaked, but now it looks like a decent structure. Blackstone commented they would not have incurred that expense had they known the building would need to be removed. Blackstone requested the shed be allowed to remain. Sansevere inquired whether the applicants' proposal to relocate the shed has been discussed with Staff. Gundlach indicated that option was discussed, but noted that the shed would need to be attached in order to comply with the code and not require a variance. Gundlach stated there is no hardship to grant that variance. Gundlach indicated she is not aware of what the requirements would be for attaching the structure. Gaffron inquired whether the shed could be located ten feet from the garage. Gundlach stated that would still require a variance. Gaffron noted they would not require a variance if the shed was attached. McMillan inquired whether the proposed garage could be expanded. Gundlach stated they could increase the size of the garage by 200 square feet to make up the loss of the shed. Gaffron stated the lack of access to the back yard is created by the applicants' desire to have the residence and pool located as proposed. Gaffron noted the location of the residence may also create potential problems with future maintenance of the residence should a large truck need to access the rear of the residence. Sansevere inquired what the applicants have to do in order to attach the shed to the garage. PAGE 6 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. (8. #04 -3054 JONAND GAIL BLACKSTONE, 4475 FOREST LAKE LANDING, Continued) Gaffron stated the shed would have to be physically attached to the foundation and part of the garage as opposed to simply setting alongside it. Gail Blackstone stated expanding the garage is a significant cost, noting the residence is being constructed for her parents. Sansevere inquired whether the shed could be relocated to the lot at 4465 Forest Lake Landing. Gundlach indicated they would encounter hardcover issues if the shed were relocated to 4465. Gail Blackstone stated the character of the neighborhood consists of the other residences having the front of their homes facing the lake, with their back yards facing the street. Blackstone indicated this is the only lot on the street that has the front of the house facing the street. Peterson inquired whether there was any public comment concerning this application. Teri Bloom noted she would be occupying the new residence. Bloom stated the lot is located on a steep hill, which would hide the residence from the street. Sansevere inquired whether that would constitute a hardship. Sansevere stated without a hardship, the • City is not able to grant a variance. Gail Blackstone inquired whether the shed could be grandfathered in. Ll McMillan stated once a lot is rebuilt, the accessory shed might need to be removed. White suggested the applicants consider attaching the shed to the garage. Gail Blackstone indicated she is not aware of the costs associated with that. Sansevere inquired whether a foundation is required to have the two structures be considered attached. Gaffron stated the two buildings have to be physically attached with a foundation so they do not move in relation to each other and they have to be tied into each other so that rain cannot come down in between the two buildings. Sansevere inquired whether the applicants would like to have their application tabled to allow them time to consider their options. Gail Blackstone stated they would prefer to proceed forward with the application. Blackstone inquired whether the shed could remain in place until the new residence is constructed. Peterson inquired what the time frame is for the new residence. Blackstone stated she believes it is to be completed by March. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. (8. #04 -3054 JONAND GAIL BLACKSTONE, 4475 FOREST LAKE LANDING, Continued) Gaffron suggested requiring removal of the shed prior to the issuance of a certificate of occupancy. Gaffron stated one further issue concerns the driveway being relocated to the north in order to comply with the grading plan, which may necessitate relocating the shed approximately 20 feet. Jon Blackstone indicated they are in favor of the grading plan, which helps to alleviate the steepness of the driveway. Gaffron noted there might need to be some minor changes to the wording of the resolution to accommodate what was discussed tonight. Gail Blackstone stated the fee on their application was almost doubled for the variance, noting that this application was only two feet shy of being administratively approved except for the shed. Blackstone requested the Council consider a staggered fee structure to deal with applications that are simpler in nature. White moved, McMillan seconded, to adopt RESOLUTION NO. 5247, a Resolution Granting a Lot Width Variance for Jon and Gail Blackstone, 4475 Forest Lake Landing, with the condition the accessory building be removed prior to the issuance of a certificate of occupancy. VOTE: Ayes 4, Nays 0. 9. #04 -3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH — VARIANCES • Mark Ritter appeared on behalf of Dr. Martha Spencer. Curtis stated the applicant is requesting a hardcover variance within the 0 -75' setback to allow 11.7 percent hardcover. This application was tabled at the last City Council meeting at the applicant's request. To date no revisions have been submitted to the original plan. In addition, during discussions with the Planning Commission and Council the applicant has stated that there is a 10.5' by 25' dog kennel on the property that was not included in the hardcover calculations. Staff feels the dog kennel is further justification for not granting the hardcover variance. Curtis suggested Council discuss whether the previous variance approval should be amended or whether the dog kennel should be removed in order to achieve the 8 percent level approved with the 2004 variance. The Planning Commission voted 7 -0 to recommend denial of the hardcover and setback variances based on lack of sufficient hardship. Staff also recommends denial of the application. Ritter inquired whether the Council would allow a paver called Neco- Paver. Ritter noted this type of paver allows permeation of water through it. Ritter stated they would like to utilize these pavers for the walkways and that they would be willing to remove the dog kennel. Curtis stated removal of the dog kennel would bring the property back to the approved level in 2004. Ritter inquired why the dog kennel was not included in the original calculations. • PAGE 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. • (9. #04 -3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH, Continued) Curtis indicated it was not included on the survey. Curtis noted she did not perform a total site review at the time she visited the property. McMillan inquired whether the dog kennel is currently being used. Ritter stated it is not. White inquired whether the owner plans to have dogs there in the future. Ritter stated she does not. Ritter noted the house was constructed in the 1930's. Sansevere inquired whether the City would permit those type of pavers. Gaffron stated the paver would still be considered as hardcover, noting the Planning Commission has had a number of discussions over the years concerning that type of paver. Gaffron stated the City does encourage property owners to utilize that type of paver, but at the present time still considers them hardcover. Ritter noted Deephaven, Tonka Bay and Minnetonka Beach currently allow them. Sansevere commented the standards are higher in Orono. • White stated in his opinion the City should look at reconsidering whether they are included as hardcover. • Sansevere stated incorporating that type of paver and not having them be considered hardcover is not an option at the present time. Peterson inquired whether the applicant has any other alternatives she would like to present. Ritter stated the applicant has a 150 -foot setback, which basically goes to the front yard. Peterson noted there was previous discussion about screening in the patio. Peterson inquired whether that is an option the applicant is interested in. Ritter stated the cost to construct a screened -in porch would be approximately $150,000. White indicated he would go along with the Planning Commission's recommendation on this matter. Sansevere moved, McMillan seconded, to direct Staff to draft a denial resolution for Application #04 -3055, Dr. Martha Spencer, 1005 Willow Drive South. McMillan indicated she would like the dog kennel removed to reduce the hardcover to the 8 percent that was approved earlier. Peterson inquired whether there should be a time limit for the removal. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. (9. #04 -3055 DR. MARTHA SPENCER, 1005 WILLOW DRIVE SOUTH, Continued) • Gaffron suggested July 1 st. VOTE: Ayes 4, Nays 0. *10. #04 -3058 TIMOTHY ZWART, 3970 NORTH SHORE DRIVE — VARIANCES — RESOLUTION NO. 5248 White moved, McMillan seconded, to adopt RESOLUTION NO. 5248, a Resolution Granting variances to hardcover, lot area and lot width for Timothy Zwart, 3970 North Shore Drive. VOTE: Ayes 3, Nays 0. *11. #04 -3061 BILL AND ROBIN GRIERSON, 1989 FAGERNESS POINT ROAD — VARIANCES — RESOLUTION NO. 5249 White moved, McMillan seconded, to adopt RESOLUTION NO. 5249, a Resolution Granting a variance to hardcover for Bill and Robin Grierson, 1989 Fagerness Point Road. VOTE: Ayes 3, Nays 0. *12. #04 -3063 WJM PROPERTIES, LLC, 2605 WAYZATA BOULEVARD — AMEND CONDITIONAL USE PERMIT — RESOLUTION NO. 5250 White moved, McMillan seconded, to adopt RESOLUTION NO. 5250, a Resolution Extending the Effective Period of Resolutions No. 4845, No. 4993, No. 5059, and No, 5084, and Granting an • Amendment to Certain Conditions of Resolution No. 4845, WJM Properties, LLC, 2605 Wayzata Boulevard. VOTE: Ayes 3, Nays 0. *13. #04 -2961 NINA WILDMAN, 745 SPRING HILL ROAD — FINAL PLAT — RESOLUTION NO. 5251 White moved, McMillan seconded, to adopt RESOLUTION NO. 5251, a Resolution Approving the Plat of Spring Hill Estates, Nina Wildman, 745 Spring Hill Road. VOTE: Ayes 3, Nays 0. 14. #04 -3010 THEODORE L. CAPRA, 3534 IVY PLACE — VARIANCES Theodore Capra, Applicant, was present. Gundlach stated the applicant is requesting a hardcover variance in order to construct a new 1,350 square foot single family home. The applicant has been unable to meet the 25 percent hardcover limit for the 75- 250' zone. The applicant has proposed two plans before the Planning Commission - one requesting 30 percent hardcover and one requesting 33 percent hardcover. Gundlach stated it is her understanding the applicant is requesting approval of the 30 percent hardcover plan. The Planning Commission unanimously recommended denial of both plans and directed the applicant to design a site plan incorporating the 25 percent hardcover. • PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. • (14. #04 -3010 THEODORE L. CAPRA, 3534IVYPLACE, Continued) Gundlach stated under the plan for the 30 percent hardcover the applicant would need to remove approximately 749 square feet, and with the 33 percent hardcover plan, hardcover would need to be reduced by 1,119 square feet. The applicant is no longer requesting a conditional use permit for grading within 75 feet of the lake. Staff, including the City Engineer, met with the applicant on site and determined that the level of work he is requesting to do would only require a land alteration perniit or approval in conjunction with any building permit for a new residence. Staff continues to recommend denial of the variances since the lot is conforming in area and width. White inquired if 749 square feet of hardcover could be illustrated on the overhead. Gundlach stated the detached garage consists of 451 square feet, as an example. Gaffron stated the driveway really cannot be reduced much under the 30 percent plan and still remain functional. Gaffron stated a reduction in hardcover would probably result in a reduction in the size of the house. Gundlach stated the driveway depicted on the overhead is the minimum allowed by staff. • Sansevere inquired what the square footage of the proposed residence is. Gundlach stated the footprint is 2,288 square feet, with the attached garage being another 720 square feet. r1 U White noted a reduction of 749 square feet is approximately one -third of the house. Gaffron stated the adjacent house is at 25 percent, with a lot roughly the same size as this lot. Sansevere inquired whether the house could be relocated closer to the street to shorten the driveway. Gundlach stated that option has been considered. Capra stated he has explored a number of options with Staff, including relocating the house further back from the lake, which resulted in a loss of the view of the lake due to the other adjacent homes. Capra stated he is not sure how to comply with the 25 percent hardcover and have a house that is livable. Capra stated in his view he is being penalized for having a lot that is conforming but a lot that does not allow for a decent size house to be constructed. Capra stated after the front, rear and side setbacks are taken into consideration, the size of the building envelope is not that large. Capra noted another lot that was non- conforming was given a 38 percent hardcover limit. Capra stated due to the value of the lot, a larger size house is warranted on the lot. Capra commented a smaller size house could be constructed but it would be a house without much storage. Capra requested the City Council allow the additional 749 feet. PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. (14. #04 -3010 THEODORE L. CAPRA, 3534IVYPLACE, Continued) • Gaffron stated the lot the applicant was referring to was significantly shorter, which resulted in a majority of the area being located in two setbacks. Gaffron noted Staff did recommend denial on that application. Gaffron indicated Staff does not find a hardship on this lot for the variances. Sansevere noted the applicant does have the option of reducing hardcover by relocating the residence closer to the road. Capra stated relocating it closer to the road does eliminate his view of the lake to a point. Capra indicated even ten feet snakes a big difference on the view. Sansevere inquired whether the garage is a three -car garage or four -car garage. Gundlach indicated it is a three -car garage. Capra stated some of the hardcover consists of gravel that has been there a long time and was in existence at the time he purchased the property. Capra noted he is reducing the amount of hardcover on the property by approximately 20 percent with his proposal. Capra indicated he has also considered remodeling the existing structure, but stated he was under the impression that you could only remodel within the walls. Capra stated he is unsure what amount of hardcover he would be able to use if he remodels. Sansevere inquired whether the applicant would like his application to be tabled. 0 Capra stated he would prefer to be able to construct a new residence as he is proposing, but that he is agreeable to tabling his application. White inquired whether the third stall and the driveway going to it could be removed to achieve the desired hardcover level. Gaffron stated that portion of the driveway is approximately 200 square feet and the garage stall is approximately 200 square feet. Gundlach stated the garage could also be detached and located closer to the road. Peterson stated it does not appear the Council is willing to approve a 30 percent hardcover limit. Peterson inquired whether this application should go back to the Planning Commission if revisions are made to it. Gaffron recommended the application be sent back to the Planning Commission since it was originally denied. Sansevere encouraged the applicant to reduce the hardcover to 25 percent. Capra inquired whether he could use the existing hardcover located in different areas of the property and put it towards a building if he remodels. 0 PAGE 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. • (14. #04 -3010 THEODORE L. CAPRA, 3534 IVY PLACE, Continued) Gaffron stated that would also require a variance because nonstructural hardcover is being converted to structural hardcover. Gaffron stated if the applicant is going to stay within the footprint of the existing house and go upwards to avoid encroaching on any of the setbacks, there probably would not be an issue, but if you go outside the building envelope and convert nonstructural hardcover to structural hardcover, a variance may be required. Capra inquired whether the boathouse could remain if the hardcover is reduced to 25 percent. Gundlach stated the boathouse is approximately 80 square feet and would need to be removed if a plan is submitted at 25 percent. Gundlach noted property owners are only allowed a lock box consisting of 20 square feet down by the lake and that a variance would be required to keep the boathouse on a rebuild. Peterson moved, Sansevere seconded, to table Application #04 -3010, Theodore L. Capra, 3534 Ivy Place. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Peterson noted the Council should take action on the Housing Proclamation. Moorse stated the proclamation focuses specifically on what the Interfaith Outreach People are attempting to achieve. • White moved, McMillan seconded, to approve City Proclamation of Housing Week to be November 13 — 20, 2004, in the City of Orono. VOTE: Ayes 4, Nays 0. • McMillan suggested the Council proceed forward with surveying some of the narrower beaches and installing wooden posts every 20 to 30 feet to identify it as city property. Peterson noted this item has been discussed in the past and that the main reason for not proceeding forward with the surveying was the costs associated with it. White noted a survey is approximately $3000. McMillan stated given the number of issues involving encroachment and tree removal that have arisen in the past, the City may want to consider having the beaches surveyed and wooden posts installed. Moorse suggested proceeding slowly with the surveys to avoid Staff spending an inordinate amount of time answering phone calls from residents. Sansevere suggested waiting until spring before proceeding with any surveys. White suggested getting a recommendation from the Park Commission on which beaches should be surveyed first. Moorse noted the Park Commission did compile a list of priority sites a couple of years ago. PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. PUBLIC SERVICE DIRECTOR'S REPORT • None CITY ADMINISTRATOR'S REPORT *15. ACCEPT DONATION FROM BRA White moved, McMillan seconded, to accept the donation from Bonestroo, Rosene, Anderlik and Associates in the amount of $275.00. VOTE: Ayes 3, Nays 0. *16. CONSIDERATION OF REFUNDING OF 1997 SEWER BONDS White moved, McMillan seconded, to authorize City Staff to work with Ehlers and Associates, Inc., to solicit proposals for the sale of $1,125,000 General Obligation Improvement Refunding Bonds, and report results to the Council for consideration at its meeting of December 13, 2004. VOTE: Ayes 3, Nays 0. *17. 2005 NON -UNION COMPENSATION ADJUSTMENTS - RESOLUTION NO. 5252 White moved, McMillan seconded, to adopt RESOLUTION NO. 5252, a Resolution Approving Pay Plan Adjustments for Non -Union City Employees for 2005, which reflects a 3.0% adjustment to pay schedules and an increase in the City's benefit contribution to $540.00 per month. VOTE: Ayes 3, Nays 0. *18. APPOINTMENT OF ANTHONY WHITE TO FULL TIME OFFICER White moved, McMillan seconded, to approve the change of employment status for Anthony White from part -time police officer to full -time police officer, effective 11/08/04, with a starting hourly rate of pay at $18.62 and other approved full -time benefits. VOTE: Ayes 3, Nays 0. CITY ATTORNEY'S REPORT None *19. LICENSES None *20. BILLS White moved, McMillan seconded, to approve payment of the All Funds account. VOTE: Ayes 3, Nays 0. • PAGE 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2004 7:00 o'clock p.m. ADJOURNMENT Sansevere moved, White seconded, to adjourn the Orono City Council meeting of November 8, 2004, at 8:26 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk • Barbara A. Peterson, Mayor PAGE 15