07-22-2002 Council Packet - Laserfiche WebLink

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Mayor Barbara Peterson Orono City Council Pages July 8,2002 (b) As the staff notes, by violating the original CUP, the Stephensons have extended their existing back lawn area by approximately thirty-eight feet. The staff also notes that it “is not opposed to this change in the plan ” if the Stephensons meet the required slopes and remove the base of the hill from the wetland setback. Mr. Chalfen is opposed to this change in the plan. As apractical matter, reducing the slope and moving the base and sides of the hill toward the Stephensons* house should have the effect of reducing the flat back lawn area at the top of the hill. Because the Stephensons have failed to engage a surveyor or engineer to delineate the proposed grade changes, the staff does not have the information it requires to assess the proposed change and the City Council does not have a record on which to base its decision. The only appropriate actions for the City Council are (1) deny the applications for variance and amendment and (2) require restoration of the property to its original condition or re-grading in conformance with the approved CUP. 3. With respect to the third staff recommendation, Mr. Chalfen believes that the City Council must require the Stephensons to remove the fill from the adjacent properties and from the side yard setback areas within the Stephensons ’ property. Mr. Chalfen therefore disagrees with the staff suggestion that the City Council may accept “the consent ” of the neighboring property owners as effectively authorizing amendment to the Stephensons* CUP because (1) the neighboring property owners do not have the right to waive the Stephensons* violations of the original CUP on behalf of the other citizens of the City of Orono or the City of Orono itself and (2) the Stephensons did not properly include their nei^bors* properties in the 350 foot mailing list or in the certificate of survey submitted with the applications. For all the reasons stated above, M the conditions of the existing CUP must be enforced to protect the environment and the interests of adjacent property owners. Mr. Chalfen therefore urges the Planning Commission to adopt the staff recommendations, with the following clarifications: (1) any damage caused by the Stephensons* work to the wetland itself must be 22J4S62v2 itigr