10-09-2000 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 25,2000 {U2S96 Brenshell Homes, Continued) and adverse earth formations or topography, utility easements or other features which will reasonably be harmful to the safety, health, and general welfore of the present or future inhabitants of the subdivision and/or the surrounding area shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Council upon recommendation of the City Engineer to solve the problems created by the unsuitable land conditions. Rasmussen stated a number of these conditions e.xist on this site which make this property difficult to develop and need to be fully addressed. Rasmussen expressed concerns regarding the conservation easements, and also encouraged the City Council not to approve the lot width variances since a hardship has not been demonstrated. Mayor Jabbour commented the people in the audience perhaps should be info» i •<-d as to how the City Council processes these applications. Jabbour stated the City Council did h:>ld a work session with the City Attorney who informed them if the City Council does not adhere to their ordinances, the City no longer has an ordinance. Jabbour stated the denial or approval of any application needs to be documented, with the City needing to hear any application within a certain period of time. Jabbour stated the City has in place a number of procedures to insure that all of these issues are addressed prior to final plat approval. Jabbour stated the developer is also required to file with the City a letter of credit to insure that all conditions are met to the satisfaction of the City Engineer and City Staff Rasmussen urged the City Council to use their full authority to insure that all the conditions are satisfactorily met on this development. Kathleen Kasprick, 1067 Linden Lane, inquired whether Orono’s shoreland ordinance was being reviewed with in this application, noting that Section 10.56 has not been included in the list of pertinent ordinances in Staff s latest report. Kasprick stated that any work commenced on this property is under the umbrella of the shoreland management ordinance. Kasprick expressed concerns that this ordinance was not being kept in mind when considering this development. Weinberger indicated City Staff has applied Section 10.56 when considering this application. Kasprick also expressed concerns regarding the wetland delineation on this property. Mayor Jabbour stated the Watershed District reviews the wetland delineation reports and will make whatever recommendations are appropriate. Jabbour stated if a Type 1 wetland is fouii..^ to exist on this property, the dry buildable area will not be affected, but should a Type II wetland be found on the property, the developer would need to meet certain conditions as required by the Watershed District. Kasprick questioned why the lot width variances need to be granted on this development since it appears to only benefit the developer. Kasprick stated in her view there has not been a hardship demonstrated. Mayor Jabbour stated the granting of the variances is to help protect the natural environment and to allow the natural drainage of water. PAGES