10-24-1994 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 24, 1994 ( #S) #1974 TYLER CORBIN, 4685 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT - RESOLUTION #3487 • Mr. Corbin was present. Mabusth reported that the former property owner was before the Council in 1982 for a CUP and variance to allow two tiers of retaining wall and stairs that have since deteriorated. This application has been amended to include a three -tier boulder wall, 4' in height, with a walkway and access stairs to the shoreline. This includes an increase to the hardcover amount in the 0 -75' zone only because the calculations were done after the original stairs were removed. Mabusth said the Planning Commission gave conditional approval for the permit with a stipulation to provide a landscaping plan to buffer the starkness of the walls as well as removal of a driveway within the 0 -75' zone, located on the east side of the property within a five-year period. This would allow the driveway to exist up to where the entrance to the tuck -under garage is located for access to the garage. The Planning Commission addressed the financial hardship by allowing the driveway removal to occur over a five -year time period. The hardcover is 28% in the 0 -75' zone and 64% in the 75 -250' zone. The Planning Commission felt this was excessive. The applicant's position was that he did not put the hardcover in, as the property is still as he bought it, nor has he added to it. • Mabusth said the City was concerned with the driveway and reported that in the three land -use files on record, none of the improvement plans showed the access drive. The most recent application plan shows only the two - tiered retaining wall. Mr. Corbin said the builder he hired to replace the deteriorated timber wall was to have applied for a permit and did not. He reiterated his opinion that this project will actually decrease the hardcover percentage in the 0 -75' zone, even though the plans show an increase, because of the calculations having been done after the original walls were removed. His plan is to install grass in the area between the old walls. Corbin remarked he would also like to include lot 74, which he owns, in the hardcover calculations and would be willing to combine lots if necessary. Goetten asked for clarification on the hardcover amount. It was noted that the City has only the amount listed on the application and what is visibly there now to go by. Goetten informed the applicant that the only time the City has an opportunity to make improvements on a property is when an application such as this comes before the Council for a variance or CUP. The Council is concerned with the runoff entering the lake from the driveway in question. Jabbour redirected the Council to look at the previous applications brought before the Council in 1976, 1978, and 1982. Nowhere did the driveway present itself on any application. Jabbour's opinion is that the applicant should ask for a variance for this driveway_ is 4