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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, December 13,2004 <br />7:00 o'clock p.m. <br />(10. #04-3060 MICHAEL & DONNA EBERTZ, 1220 TONKAtVA ROAD, Continued) <br />Barrett stated typically a resolution is filed against the property in conjunction with a variance approval <br />and that the new property owners should have been aware of what was allowed on the property and what <br />should have been removed. <br />Murphy inquired whether the applicant is philosophically in agreement with removing 134 square feet of <br />hardcover in exchange for leaving the boulders where they are. <br />Ebertz stated it depends on what hardcover the City is requesting to be removed. <br />Sansevere commented a small shed exists on the property that could be removed. <br />Ebertz acknowledged that a small shed does exist on the property that is not depicted on the sur\ ey, but <br />that he is unsure how many square feet that shed comprises. <br />Gaffron stated he has documentation that shows the eight-foot gravel driveway was removed and that the <br />loop was reduced in the 0-75’ zone. Gaffron stated previous modifications were in regard to the deck on <br />the east end of the house and some work was also done in the southeast comer of the house next to the <br />entryway that created a boulder retaining wall m the 0-75’ zone. Gaffron stated there were two previous <br />applications on this property prior to the Ebert/.’s owning the lot. Gaffron noted the resolution was not <br />signed by the previous property owner. Gaffron stated he considers this property out of compliance w ith <br />approvals of the past and that he would like to see this property brought back into compliance. <br />White inquired whether the applicant would like to speak with Staff in order to get a better understanding <br />of what Staff is looking to have removed. <br />Ebertz stated he would like to speak with Staff. Ebertz stated he basically wanted to stop the erosion that <br />was occuiTing and that he has some concerns with being required to do what the previous owner was <br />supposed to have taken care of. <br />Peterson inquired whether the resolution is any good since it was not signed. <br />Gaffron stated the resolution is not valid, but that there was some work done in conjunction w ith the two <br />previous applications. <br />Murphy inquired w hether the City would be better oITjust requiring the removal of 134 square feet and <br />not dealing with the past indiscretions. <br />Gaffron stated he would be okay with that proposal as long as the 134 square feet of hardcover is not part <br />of what previously was required to be removed. Gaffron stated the unsigned resolution indicates that the <br />previous owner did not pick up the permit and did not agree to do the work. Gaffron stated the major <br />portion of the w ork was not completed, but that he is unable tonight to provide a detailed history of the <br />property. <br />Murphy suggested tabling the application to allow the applicant time to discuss the hardcover removal <br />with Staff. <br />PAGE 14