09-12-2022 City Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING September 12,2022 6:00 o'clock p.m. Johnson moved, Seals seconded,to approve LA22-000041-3005 Casco Point Road,Variance and to direct Staff to draft a Resolution of Approval subject to the Administrative Boundary Line change requirements.VOTE: Ayes 5,Nays 0. 17. LA22-000037—612 Signs o/b/o EOF Investments LLC,1444 Shoreline Drive,Variance Oakden presented a summary packet of information stating the Applicant is requesting approval of a variance for a zero foot setback from the street property line to approve a setback variance for a new monument sign.The property currently has an eight foot wide sign installed on two 4x4 posts,located between the building and the pavement of County Road 15.The existing sign encroaches into the right- of-way.The existing sign is also located over a utility easement;the new monument sign is proposed to remain within the utility easement. The proposed plan would remove the current sign which encroaches into the right-of-way but would not allow for any setback room. Staff recommends any new improvements placed within a City utility easement be addressed with an encroachment agreement and noted an equal amount of hardcover should be rQmoved on the site compensating for a monument sign. The new sign has a true footing and is proposed to be 9 feet by 1.5 feet wide where the current sign is held up by two 4x4 posts.The Planning Commission held a public hearing on August 15,2022.No comments from the public were made during the public hearing.The Commissioners discussed their concerns with the proposed encroachments into the setback and the proposed digital display on the sign and the busy road.They voted 3 to 2 to deny the variance as requested. Staff finds that there are conforming building locations which would meet the five foot setback requirement;the proposed zero foot setback is a convenience to the property owner and would not be necessary to the primary use of the property. Staff recommends denial as applied. The Commissioners discussed the nearby Marina sign,setbacks,and conforming locations on the property. Johnson moved,Crosby seconded,to direct Staff to draft a Resolution to deny LA22-000037, 1444 Shoreline Drive,Variance.VOTE: Ayes 5,Nays 0. 18. LA22-000038-Dennis Walsh, 1354 Rest Point Circle,Variance-Resolution No. 7280 Mayor Walsh recused himself from the item noting Printup would take his seat. Oakden presented a summary packet of information noting the Applicant is requesting a variance to construct new retaining walls with minor footprint expansions within the lakeyard. The property has existing timber retaining walls that are failing.Pursuant to City Code 78-1726(6),an emergency slope repair request was approved by the City Council on June 27,2022 to address the wall failure.The Applicant has proposed to construct new retaining walls directly in front of the existing walls to create the required support for the existing slope.The repair creates new footprint expansion within the 75 foot lakeyard.The Applicant's engineer provided drawings and an analysis citing the slope failure is imminent and provided drawings for the fix.Planning Commission held a public hearing and discussed challenges with the slope of the lot and engineer's report of the failing walls. The Commission voted 6 to 0 to approve the variance request. Staff recommends approval of the proposed variance. Dennis Walsh, 1384 Rest Point Circle,noted it is pretty straightforward as it is a 40 year old timber wall and a steep slope.The timbers were falling apart,the hill and stairs shifted, and they were in immediate Page 3 of 9