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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 27, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (5. #05-3135 ALLEN MUNSON, 3165 NORTH SHORE DRIVE, Continued) McMillan inquired whether any of the existing foundation is going to be utilized. Munson stated the City would not allow him to use the existing foundation due to the variances that would be required. White requested a clarification on the fill. Gaffron stated the applicant is working with the Mandels to obtain an easement in order to create a drainage swale to direct the drainage more in its natural flow across the Mandel property. Gaffron indicated the Mandels are not opposed to the easement. Gaffron stated there is an underground garage with a circular driveway above it. The current survey suggests that there will be grading right up to the lot line rather than five feet off of the property line. The impact of stopping the grading five feet from the property line would result in a ditch along the property line and would have some impact on how the runoff would flow past the neighbor’s retaining wall. Kellogg stated he did briefly review the grading plans prior to tonight’s meeting and that it appears the proposed drainage would work but that there is a question on the exact location of the retaining wall. The fill brought in would be lower than the top of the wall but would raise the grade on the Munson side. Kellogg recommended the location of the retaining wall be clarified. Gaffron stated the City has a code that restricts grading within five feet of the property line except if it is to create a drainage swale. The issue is that there is filling proposed up against the lot line to create the drainage swale rather than cutting away the dirt. Gaffron stated the elevation would still be lower on the Munson property. White inquired how high the fill would go. Munson stated it would be approximately two feet higher and that he is keeping it one foot below the retaining wall. McMillan inquired whether there would be erosion without the fill. Kellogg stated that is the only way that a swale could be established in that area and that the erosion will eventually go away once vegetation becomes established. McMillan commented it appears that without the fill there would be a big drop-off on the one side of the structure. Munson stated some water from the property to the north drains onto his property and that he is attempting to correct that situation. White stated in a situation where there is grading close to the lot line, the Council generally requires the permission of the adjoining property owner. Murphy stated he is hesitant to approve a six-foot variance into the average lakeshore setback even if there is an agreement by the affected adjoining property owner. _____________________________________________________________________________________ PAGE 5 of 10 Item #04 - CC Agenda - 11/27/06 Approval of Council Meeting Minutes 11/27/06 [Page 5 of 10]