03-27-2000 Council Packet - Laserfiche WebLink

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ORONO PLANNING CO\EVnSSION MONDAY, NOVEMBER 15,1999 (#2540 Bradley Hoyt, Continued) Kluth inquired what the defammation lawsuit resulted from. Skolnick stated that it is alleged in the complaint that Mr. Vang made some untrue statements to a realtor representing a buyer and as a result of those statements, the buyer cancelled the purchase agreement with the Applicant. Kluth inquired whether the statements made by Mr. Vang related to the retaining wall. Skolnick stated they related to the retaining wall as well as the rip rap. Skolnick remarked that a statement was made that the Applicant has altered the rip rap, which caused a problem for the City, and that the rip rap will need to be removed as well as the retaining wall. The buyer decided at that point to cancel the sale. Skolnick stated in his opinion there is no issue relating to the rip rap and there should be no issue regarding the boulder wall. Kluth commented that the matter before the Planning Commission tonight relates to the boulder wall, which the Applicant has admitted to constructing. Skolnick stated the Applicant Is not denying that he had the retaining wall constructed after the windstorms. Kluth questioned whether the Applicant and the contractor hired on his behalf were unaware that they were violating policies of the City at the time this retaining wall was constructed. Skolnick stated he cannot comment on v/hat the Applicant or his contractor knew. Sheridan stated the Applicant is not present tonight due to the legal action that has been threatened against him by the City. Kluth stated in his view the two matters are interrelated and impact one another. Skolnick stated they were told by the City Attorney that the two matters would not impact one another. Skolnick commented they are appearing tonight before the Planning Commission in good faith and that the permit should be granted. Kluth inquired what impact a decision would have on the litigation. Skolnick stated the claims alleged in the lawsuit would not be settled tonight. Kluth inquired whether this matter should be tabled to allow the other items to be resolved. Skolnick remarked this application should not be tabled because they were promised by the City of Orono that this would be a fair process. Kluth commented he was merely asking if the Applicant's representatives thought it would be a good idea to table the application tonight. Skolnick stated they are in favor of obtaining the permit, and if there are still some unanswered questions, they are willing to address those, but they would like to avoid this becoming a long-drawn out affair. Lindquist inquired when the retaining wall was constructed. Page 8