07-13-2020 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. 16. LA19-000050—PAUL VOGSTROM OB/O ERIC VOGSTROM,2710 PENCE LANE, VARIANCES -AMENDED RESOLUTION/EXHIBIT—RESOLUTION NO. 7110 Staff presented a summary of packet information. Walsh asked Staff, who viewed the area, if it seemed fine because from the explanation everything seemed like it made sense. Barnhart said it seemed to conform with the concerns raised during the public hearing. Staff has the benefit of the retaining walls being done, noting the contractor continued to work on the project against his advice. There is an after-the-fact penalty associated with that. From an impact standpoint to the lake, the structure is kind of embedded into the slope and is not a huge impact. Additionally, there will be more landscaping provided as part of their slope maintenance program. He displayed a photo which showed the retaining wall. He indicated the Applicant was not able to attend and that the matter could be tabled to the next meeting if the Council wanted to speak with the Applicant. Johnson stated it is annoying that the contractor/owner goes ahead and does the work anyway but did not see anything that the Council would not approve. The elevations dictated how the retaining wall was done. He asked if Engineering had looked at the plan. Barnhart said there was not a review completed. The primary reason for the change is the owner wanted to angle the stairs away from the tree at the top and protect the root structure. Johnson noted that happened a long time ago and they figured that out. Barnhart said he does not know when they figured it out but they started construction of the stairs about 1 '/2 weeks ago. Walsh asked if what they added/changed is the boulder walls behind the trees. Seals stated it was the height. Barnhart referenced the photo to show the area of the retaining wall that was not contemplated originally and also an area of the retaining wall that is higher than originally contemplated. Originally it was 1-2 'h feet and now it is about 1-4 '/z feet. Walsh asked if it is because the hill is that high. Barnhart indicated Walsh was correct. Johnson said everyone runs into issues like this and asked if this was an after-the-fact variance request. Barnhart clarified it is an after-the-fact modification request. The City approved the stairs; the City has not approved the modification to the stairs. There would be an adjustment to the stairs permit also. Johnson asked if the boulder-type retaining wall shown on the photo was not previously approved. Barnhart said the retaining wall in question is part of the new segment. Page 9 of 19