Request for Council Action 2014 - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 24,2013 7:00 o'clock p.m. (9. 4440 FOREST LAKE LANDING—ENCROACHMENT AGREEMENT, Continued) Mattick stated it might be helpful to see exactly what the applicant is proposing before allowing a further encroachment of the driveway and determining what needs to be removed. Mattick noted he has dealt with other properties like this and the ultimate goal is to decrease the amount of encroachment in the right-of-way. Mattick stated this situation is less than ideal given the location of the house but the question is how much of an encroachment will be allowed. McMillan noted the other adjoining neighbor has a significant driveway and that Mr. Church is asking for a reasonable driveway. McMillan commented intensifying the use of a fire lane is a difficult thing to approve and that the City has allowed some encroachment for something essential, such as a driveway, but the question is how much is essential. Levang asked if there is any other option for a driveway. Curtis stated no matter what direction the applicant plans to accesses his garage it would still require utilizing a significant portion of the fire lane. Gaffron stated due to the topography, it would be difficult to change the orientation of the garage. McMillan stated she certainly does not see the deck area as being essential but that the well could stay until it needs to be redrilled. Curtis pointed out a retaining wall is located underneath the deck. Staff would need to evaluate that a little bit closer to see what could be removed without requiring extensive grading. Levang asked if the City Engineer has reviewed that. Struve indicated he has not and that he would need to know how high the retaining wall is. The property owner would also need to remove some of the lattice work on the deck. Struve stated in his opinion the property owner would be able to easily re-grade the area to match the surrounding topography but that it is likely within the 0-75 foot zone. Curtis pointed out the location of the 0-75 foot zone and stated that the re-grading work would be entirely within the 75-foot setback. Struve stated he knows the well is located on the back side of the deck and that he would have to review the grading that would be required but in his view it would be feasible. McMillan asked if the neighborhood was upset when this fire lane became developed. Gaffron stated that would be a good characterization of the discussion that occurred 10 to 12 years ago and that development of this property initially happened 15 years ago. The property owner did have discussions with the public works director at that time about creating a driveway that accesses the garage based on the orientation of the house. Gaffron stated the landscaping and driveway in the fire lane caused the majority of the issues in the neighborhood. McMillan stated it was rather a big issue at that time and it was a lesson to the City about allowing nonessential items in the right-of-way. Page 11 of 15