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ORONO CITY COUNCIL MEETING <br />MONDAY, DECEMBER 9,2002 <br />9. #02*2854 Kevin Manley, 1973 Eagerness Point Road —Variance/Conditional Use <br />Permit <br />Kevin Manley and Ed Suarez of Gustafson Design, landscape designer, were present. <br />Gaffron slated that the applicant had serious erosion problems with the lakeshore on his <br />property and was applying for approval of a boulder retaining wall system and landscape <br />plan for the westerly lakeshore bank of the property. The proposal requires a conditional <br />use permit and variance for land alteration and hardcover within 7.5’ of the shoreline. The <br />house was newly remodeled and several out of compliance issues had been brought into <br />compliance. There were, however, a number of unresolved issues with the property. <br />The Planning Commission offered to table the proposal, but the applicant requested that a <br />recommendation be forwarded to the Council. Planning Commission recommended to <br />deny the request and did not address specific issues concerning what they might approve <br />were it to come back. Staff had not had adequate time to review plans for extensive <br />boulder walls. The grade has changed since the owner before the last had the property, and <br />the grade change had not been approved. They are therefore looking into potential <br />restoration. There is concern about the slope and stability of the lakeshore bank. They <br />received new plans for 3 different options shortly before the Council meeting. <br />Gaffron suggested it may be appropriate to table the application to allow staff and the City <br />Engineer time to review the new plans. He suggested Council provide direction as to <br />whether the grade should be restored to what it was before remodeling began, whether the <br />deck might be approved if a formal variance request was made. The deck had not been <br />approved by the City and was encroachment in the 0-75’ lakeshore setback zone, and <br />additional hardcover. Any forthcoming approval should be conditioned on the removal of <br />an illegal shed on the cast side of the property and removal of an illegal parking area in the <br />same zone. He stated a survey should be coriducted to determine if the stairway <br />encroaches into the right-of-way enough to be an issue with plowing. Work on the <br />lakeshote could occur in the spring, and erosion control would have to be maintained in the <br />meantime. <br />Gaffron stated staff s recommendation w as to table the application. <br />Ma>t)r Peterson asked Manley if he would have a problem with tabling the application. <br />Manley asked if they could work through some of the issues. <br />Gaffron stated that all the factors need to be dealt with, but most w’ere separate issues from <br />the lakeshore erosion. <br />Murphy stated that the applicants had done an incredible job on the house. He felt that the <br />Manley’s had hurried to get the application past the Planning Commission and to the City <br />Council, and stated he was not prepared to review the plans without the staffs input.