03-27-2000 Council Packet - Laserfiche WebLink

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ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15,1999 (^2540 Bradley Hoyt, Continued) that could verify when the work was completed. Weinberger stated the City has not heard anything from any of the adjoining property owners. Nygard inquired whether there were any other surveys previous to 1990. Weinberger stated the City is in possession of a topographic map taken from some 1990 aerial photographs, noting that the map does depict a rather significant drop to the lakeshore. Weinberger stated the City does not have any other surveys on file subsequent to 1990. Smith inquired whether the Applicant and City Staff could work together on restoring the property should this application be denied tonight. Weinberger stated City Staff is willing to work with the Applicant, noting that it is unlikely that City Council and the Plannig Commission would recommend approval of any after-the-fact permits if the property remains in the same condition that exists today. Weinberger remarked it is possible-due to the nature of the lakeshore that a retaining wall may be necessary due to erosion concerns, but the Applicant will need to be willing to make those changes to the property and obtain the necessary permits for that work. Nygard inquired what will happen with the rest of the property. Weinberger stated the Applicant will need to obtain the three variances discussed earlier before any other work can be commenced on the property. Weinberger stated this application only deals with the retaining wall. Nygard commented that photographs showing the condition of the property prior to the retaining wall would be helpful in considering this application, and encouraged the Applicant to obtain some photographs which might assist in this matter. Skolnick inquired whether a permit would be necessary if the retaining wall were removed. Nygard stated that a permit would need to be issued to remove the retaining wall. Skolnick questioned what would happen if the City denied issuance of a permit to remove the retaining wall. Skolnick inquired what action the Applicant should take in this matter. Smith stated that City Staff would be willing to work with the Applicant on this matter to address the concerns regarding erosion and water runoff. Sheridan commented that there has been a lack of cooperation on the part of the City in this regard. Sheridan stated as it relates to hardcover, it was his understanding that hardship applies to variances and not to conditional use permits, and that perhaps the appropriate standard should be defined. Sheridan remarked as it relates to denial of the retaining wall in the first instance, he has not heard one single reason for the denial and what adverse impact the retaining wall has on the 0-75 ’ setback. Chair Hawn stated it has been determined that hardcover in the 0-75' setback, which is a public policy in Orono, does have a more severe impact on the drainage issue. Hawn commented she is hopeful that this situation can be resolved amicably. Hawn indicated she would like to deal strictly with the conditional use permit after-the-fact application tonight. Page 10