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ORONO CITY COUNCIL MEETING <br />MINUTES FOR DECEMBER 13,1999 <br />(UT) U2540 BRADLEY HOYT, 2523 KELLY A VENUE - Continued <br />and his client to present the City with information for a conclusive and accurate summary of <br />the facts. Jabbour said he is obligated on behalf of the City and Mr. Hoyt to perform <br />diligence because the conditional use pemut must be filed on the deed for the land. He sai e <br />City needs additional information to make a proper decision. <br />Sheridan said he does not know what additional information the City needs. He said City staff <br />has been to the property and seen the retaining wall. He feels that is better than a drawing. <br />Jabbour said the person that the City asks to get a conditional use permit for three yards of <br />sand on the shore would he extremely disturbed if the City doesn’t know how many y^ds of <br />dirt Mr. Hoyt put behind the retaining wall, if the City doesn’t know how far he went <br />lake or if the City doesn’t know if he obtained the appropriate permits from Ae Waterehed <br />District or the Corps of En^eers or the DNR. All of that is part of the City s due diligence. <br />He s^d the Council could table this item and ^ve the applicant a list of the documents <br />necessary for the Council to make a decision. <br />Sheridan said he and his client do not agree with that. He said the City has a current airvey <br />and a survey from 1990 prior to when the house was built and based on comparmg toose two <br />surveys, staff has concluded that the applicant put rip rap in the water. He said that is m <br />erroneous conclusion. He does not believe that the retaining wall is a structure or hardcover <br />and there is a structural engineer present who will testify as to why he doesn t believe that <br />either. <br />Jabbour said they should figure out exactly what the Council needs to facilitate the <br />application. <br />Sheridan said if Jabbour is going to ask his client to concede that the retaining wall is <br />hardcover, they will not do that. <br />Barrett said Sheridan is correct, that if he wishes to make a legal argument that the rrtaining <br />wall is not hardcover, he can make one and the City will make a legal argument that it is^ He <br />does not feel it is fruitful to make that debate since it is clear that the City’s posiuon is that it <br />is hardcover. <br />Jabbour said there is a substantial amount of information that the City needs. He suggested <br />that the list be sent to the applicant in writing. <br />Sheridan said it should be contemporaneous with the decision they are making and not after- <br />the-fact. <br />Jabbour said this is a fluid issue and other issues might arise. He said the Council is trymg to <br />bring this after-the-fact issue into compliance or find out if it is appropnate for the CouncU to <br />Page?