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ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27,2000 4. #2540 Bradley Hoyt, 2523 Kelly Avenue — After-the-Fact Conditional Use Permit'^ Continued Mr. Hoyt was represented by his attorneys Mr. William Skolnick and Mr. Rick Sheridan. Weinberger stated that additional information regarding the after-the-fact variances was delivered by Skolnick on March 24, 2000. The items were requested by the City of Orono to complete the land use application and are in addition to the City Council reports delivered the previous week. The application has been before the Planning Commission on 2 separate occasions in the format of a public hearing. At this time the applicant is requesting after-the-fact conditional use permit and variances for landscaping work that occurred on the property in 1998. The items staff received on Friday were: a hardship statement, engineer’s report, a letter, affidavits, and depositions on the case. At this point the application regards a stone retaining wall that is 3-4 feet tall, is hardcover within 75 feet of the lakeshore, and requires a conditional use permit. The Council may choose to: 1) Approve the conditional use permit and variances after-the-fact that would permit the retaining wall to remain as it exists. 2) Approve the conditional use permit and variances after-the-fact subject to the conditions that a natural screen be installed on the property to adequately screen the boulder retaining wall. The City of Orono has a policy and the Comprehensive Plan states retaining walls shall be screened with natural vegetation. This would require shrubs or bushes spaced out to screen the wall firom the lake. Also, the screening should be subject to annual inspections until such time the growth is determined to be healthy and stable.. 3) Remove the wall and place some other form of erosion control on the property. The City Engineer does not consider this a viable option because new vegetation would not stabilize the bank, and erosion would cause silt issues. 4) Refer the application back to the Planning Committee based on the new submittals. 5) Deny the application. Mayor Jabbour asked if the City Engineer inspected the site. Kellogg stated he has inspected the site, and he does not recommend removing the wall. Skolnick stated there have been new developments. A purchase agreement has been submitted on the prop)erty and the new buyer likes the boulder wall. The buyer will not buy the house if he has to remove the retaining wall. Skolnick stated part of the lawsuit involved damages interfering with the sale of the property. Barrett stated this is not the proper forum for discussing the lawsuit. Mayor Jabbour remarked that the Council will review the application fairly and independently of the lawsuit. ORONO CITY COUNCIL MEETI MINU ES FOR MA CH 27, 2000 4 #2540 Bradl Ho t, 2523 elly A enue -After-the-Fact Conditional Use Permu Continued . Hoyt as represent Mr. lliam , olnick and . . -k h ridan. inbernAP stat . t d. ion info ation ardin e -·-·•the fac ari ces delivered by Skolnick on March 24 2000 Th 1 ems r requ ted by the City of Orono o compl te th and use application and ar · n addition to the City Council reports d l _ e d · e p _ o we1:~K. applic tion · en ore 1~~·:1.a· ... ,.. Co ·-sio o 2 separate occasions in the format of a pub i heann At this t·m the app icant ues 1 after-the-fact conditional us ~ penni d vanances for lands apin ork that occurred on th ropert m 1998 1 em s r I ed o rida er : a ar . hip statement-engin er's report a letter, affidavits and depo it1ons on the case. t this poant the· apphcation re ards a stone re ·rung _ all that 1 3-4 fe t I i hardco er ithin 75 feet of the lak shor . and requires a conditional us pennit. The Council may boo I) Approve the conditional us mut and anances er-th fa t that o d mut th r tainin all to r main as it ~ · ts p o c nd1 n us nni =:!::e:; a --·"'"'·-t subJ . ndit o that a natural scr n install on th prope to adequate! reen th bou d r retaini . all. Th City of Orono has a polic and the ompr ·h nsiv l stat s retaining walls hall er en ·•th na.W,&..... eta io . ou d r ui bs orb h s spaced o t to scr n the wall from th lake Also th er n1ng sho Jd be subject to annual inspections unti s ch ime e ro is d t nnin -d to be h:::. .. ~~r .. y and stabl 3 Remo e e ·all and place ome oth r fonn of e osio ontr l o ngin -r doe not cons1d r thi viabl option caus n v b---. and ro 10n o d c ... ~ i t s u s. :P perty The 1 ould not stabihze ) Ref◄ r e appl cation ba k to Planrung C mmitt based on · e n · sub al . 5 D n th ap ication. r Jabbour n pect d the koln· k tat u m· don h h i h ke I th it En n er 1 . p ct and h ·O n t comm nd ra;arr,...-,, h e b n d d th n th al . h th all. pur h uld r 11. stat h h r em nt has n bu r 11 not o th l uit in · ,.,.._.,.a rin ·t th le of th prope . . arr tat d thi i t th pr r orum r i ... -...... ,. th I , a or Ja mark d th t th ouncil will r . view th applicati n · irl and ind pendently f t I t.