02-13-1995 Council Minutes - Laserfiche WebLink

Home Browse Search

A, MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 13, 1995 (#4) #1986 DAVID YORKS, 2825 CASCO POINT ROAD - AFTER-THE-FACT • CONDITIONAL USE PERNIITNARIANCE - RESOLUTION #3520 Mrs. Yorks was present. Mabusth reported that this application is for an after- the -fact conditional use permit and variance to reconstruct a retaining wall in a Lakeshore yard. The wall was found to be on the verge of collapse and required immediate attention. Applicant contacted Staff, who informed Applicant that the soonest the Planning Commission could act on this issue would be at their January meeting. This work could not be performed during January or February, and the potential for collapse of the wall and the bank when spring rains arrived resulted in the need for immediate action. The City Engineer inspected and reviewed the property and concurred with the engineering plans. A complete application was filed before proceeding and building the wall in November. The only issue is that the City was not contacted during the construction, so the Engineer was unable to verify that all guidelines of the Allen Block Co. were followed during the installation. The Engineer required the Applicant's Contractor to confirm in a letter that all requirements were met in building the 8' high wall. The Planning Commission at their January meeting concurred that the wall needed immediate attention and that the Staff responded correctly under the circumstances. The Planning Commission recommended no penalty fee be assessed on the building permit • due to the emergency situation. Hurr questioned waiving the penalty fee showing concern for setting a precedent, citing an example of a security house that was an after - the -fact application. At that time, the applicant was required to pay a penalty fee. Planning Commissioner Rowlette responded that since this was an emergency situation and unique circumstances required the action and the applicant first sought help from the City, they felt that no penalty should be assessed. Goetten asked to show in the resolution that this was a unique situation and needed to be considered on a case basis. Rowlette cited the example of the rains in 1987, where the City responded during the emergency situation by waiving penalty fees. Rowlette said this application is consistent with that situation. Kelley moved, Hurr seconded, to adopt Resolution #3520 for an after- the -fact conditional use permit/variance for David Yorks at 2825 Casco Point Road, without penalty as per the Planning Commission recommendation. Ayes 3, Nays 0. ( * #5) #1987 LARRY PILLAR, 2705 ETHEL AVENUE - VARIANCE - RESOLUTION #3521 Hurr moved, Kelley seconded, to adopt Resolution #3521 drafted per the findings and conditions of the Planning Commission recommendations. Ayes 3, Nays 0. • 2