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ORONO CITY COUNCIL MEETING MINTJTES FOR MARCH 27, 2000 4. U2540 Bradley Hoyt, 2523 Kelly Avenue - After-the-Fact Conditional Use Permit- Continued Skolnick stated regarding the wall, they have had LJM Group Professional Engineers review the wall and they concur with Kellogg that the wall should not be removed and that it is the optimal solution. He stated that staff reported there is nothing wrong with the wall except that a permit was not obtained before the wall was constructed. He found by searching City records that this situation arose before in 1997 with a Mr. Vochco where the Council did not impose the condition that the applicant plant screening. Mayor Jabbour asked if his client would object to planting screening. Skolnick stated it was more relevant what the new buyer wanted than what Mr. Hoyt wanted. He stated he is pleased that the City has found the boulder wall is the best solution. Mayor Jabbour stated that Skolnick and his client, Mr. Hoyt, have assumed that the Council is in opposition to them. All the Council has asked is that the applicant inform them of what happened so that they can determine whether the best solution was reached. He stated that the 60-day deadline expires in 2 days, they have held 2 public hearings on the issue, and he felt they should act on the matter at the present meeting. James Dattalo, a realtor representing the new buyer, stated that his client likes the retaining wall as it is. He is concerned that the Council decide all issues now, so that there arc no outstanding issues that could affect him later if he buys the house. Mayor Jabbour stated that all Council resolutions are binding until a future Council reverses them. The City files its resolutions on the deed. The issue of screening is important to the City so that as people tra\el along the shore they are not faced with a sea wall. Dattalo stated his client is leaving the country at the end of April and would like to close on the house and move in before then. Mayor Jabbour asked if his client would be opposed to shrubbery. Dattalo stated he did not know and could only inform his client of the Council’s decision. The Council discussed the size of the wall and the amount of screening that would be appropriate. Skolnick stated the wall is 3 feet tall. Weinberger stated the wall is 60-70 feet long. He also stated that they would like the shrubs to be the same height as the wall. Mayor Jabbour suggested shrubbery that is 2 feet tall at the time of planting spaced 6 feet apart along the wall. The applicant would have the option of keeping the shrubbery trimmed so it is never taller than the wall. Kelley asked what the percent of hardcover is in the 0-75 zone on the property. Weinberger stated it is 433 s.f. or approximately 2%. Barrett requested that staff respond to the applicant’s statement regarding Mr. Vochco’s application and see if it posed the siune issues as Mr. Ho\ t's. Weinberger stated he Cl R H 27, 2000 4. #2540 Bradley Hoyt 2523 Kell Aven11e -After-tl,e-Fact Conditional Use Permit, Contin11ed Skolnick stated regardin had LJM Group Profes ional Engineers re ·iew the all and th c n ur , ·ith . 11 g · at t · · I s ould not b mo ed an tha 1t 1 opt a lu ion except tha a p nnit searching City _ cords t · Counci did ot · m s asked 1f hi clie t ould what then c· h r port d th .r 1 n thi .. o g "th the all n t obtain d befor the wa 1 \J as constructed He found by t thi situ I n ar se b -for in 1997 1 · a . ochco e the n i n that th appr cant pl t ere nin . Mayor Jabbour t t plan ·n. er nin . ·oJnick tat d it was mo~ rel vant an ha ant d. t t d he is p ease the I i th lu i n. ayor Jab our ta d that lnick hi cl , tr. t h s ed t · at Council is 1n oppo tion to th m. ll th C unc · k that the applicant inform them of what happ ned o th t th in r · b t o u ion was reached. He sta d t a . th 60-· hn ir i , _ . 2 . ublic h arin · . o th ssue and ~ 1 h _ · h ul t m tt r pr James retain1 there · Jab h th c·t th yso .h D alo · ted - in h t at hi ,c i · t 1 · ke th m d that th ci de id l i ues now s that I a h m r f bu. s th hous . yor i n b i ii Co c1l r,e erses h i · ue of scr ening is important to th · n c d -· t -a ea I. . ul lik to los on th h and mo · . th n. d h d' client ould b nl i o hi cl nt of oppos d ru b Th · un i . appro n ~ t. long. ayor apart -·-·· h trimm it i ~rr,:i~tt r---· ... ., apphcati 2 l h ~ II r tall r than th , ·al I. h t f h rd r r appro . m t t . _ _ n t th ifitp dth 0 n1ng hat d th a 1 is 60-70 e he· wall. I nt•' p d fe . ti n f e in h shru be th -7 -n on t propert . . t . 1-1 . 1n r