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MINUTES OF THE <br />ORONO PLANNING COMMISSION <br />February 21, 2023 <br />6:00 o'clock p.m. <br />bluff line top. He said the bluff has been moved back 22 feet. That's part of the reason why we're in a <br />variance situation now, I guess, because it wasn't built in accordance with plans. There's a mistake there. I <br />don't know exactly what the significance of that is. And I actually want to compliment Tyler, Joe, you <br />guys did a good job on the walls. Good job. They worked hard. Tyler was up here explaining. He worked <br />with us, he worked with the neighbors on the other side. So I don't necessarily want to have it torn down <br />and start over. And that's up to you guys to figure out. <br />The Commissioners, applicants and neighbors continued to review photos and drawings. <br />Curtis pointed out that the applicant is not asking for approval on these issues. We're going back and forth <br />about what was there and what what's there now but we know it's not what was there before. <br />Mr. Valdes said to go eight feet high with the wall, you have to go eight feet back. We have property <br />lines, we have neighbors. We had tie backs going from the first wall all the way to the second wall. So all <br />the walls basically want to structure all the way from the bottom to the top of the wall. That way we know <br />how to approach anybody's property, and we'd be able to save histories. We actually did more work to be <br />able to make sure that we're stable enough. So if you have one wall, all the way to the top has got to tie <br />and nail into each other and the whole thing is one structure all the way. This is why that is not right. He <br />said some of the structure now in place is temporary because the wall is not finished. They addressed the <br />drainage on the east end by putting in drain tiles in the corner that will drain the whole yard. We have the <br />pipes ready behind the walls to hook up but the job is not complete. <br />McCutcheon asked about drainage and the current opinion of the engineer for the project. <br />Mr. Valdes said water would go to the corner where the fence used to be where there was an old catch <br />basin and some tires. Those have been removed and everything is now buried. He said this winter there <br />has been 70 inches of snow. When it melts, the water will go west to east where they have put in a berm. <br />The water will not go to any neighbor's property. He said the retaining walls are being designed so it will <br />not have to have a railing. <br />Chair McCutcheon closed the public hearing at 7:02 p.m. <br />McCutcheon opened commission discussion saying it's a pretty significant build. And he understands the <br />challenges with burning down trees, the root system failing, and yet needing to hold all that soil back. He <br />also said he can understand the concern from the neighbors as it's different in character from the rest of <br />the area. But looking at it, if you tore it down and rebuilt it, I'm thinking you'd look pretty similar because <br />of all the earth that was removed. I'd like to hear the comments of the commission here on what can be <br />done next steps, because we can't change the past. So let's try to keep the conversation on what can be <br />done going forward. Do we let them finish it with the proposed changes? Or does anybody have an <br />opinion on some kind of other plan or approach towards this? <br />Kirchner said his initial frustration is that in-kind walls were approved and we didn't land there. Due to <br />the dirt that was removed. today we can't go back and do X, Y and Z. And therefore, by the applicant and <br />the homeowner circumventing the process, they removed that ability for neighbors, City staff, and this <br />Page 7of19 <br />