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milUTB8 OP THE PIAimiliG CQMMISSIOll MBETIHG 80VBMBBR 21, 1988 <br />•J :i *Z0MIH6 FILE #1302~ClTy OP ORONO CONTINl <br />private property without due compensation? Chairman Kelley <br />advised the residents that they would have to deal with the City <br />Council and City Attorney on those issues. Mr. Schupp said that <br />he did not see how the City could interfere with his access to <br />the lake. Kelley reiterated his position that the Planning <br />Commission could not resolve that issue. He added that as far as <br />the City's health, safety and welfare was concerned, the Planning <br />Commission would recommend installation of a guardrail. The <br />issue of any compensation to the property owners would have to be <br />addressed by the City. Mr. Schupp asked what the height <br />requirement was for a guardrail. Kelley informed him that any <br />drop of 30" required a guardrail. Kelley reiterated his <br />suggestion of taking the guardrail issue to the City Council, <br />because the Planning Commission did not have the authority to <br />resolve that issue. Planning Commission member Hanson <br />interjected that for 18 months this public road has existed in an <br />unsafe state. Kelley continued to say that the Planning <br />Commission can only act on the City Ordinances. The residents <br />were asking for a variance to the ordinance requiring a railing <br />for a 5' drop. Kelley avowed himself to be a volunteer to his <br />community and said that he could not consciously allow that kind <br />of a drop-off without a guardrail. <br />Mr. Erger said that he would not object to the "curb" going <br />up if it was located at the very edge of the lot line, or even <br />extending 3* or 4' if the City could determine how much slope <br />would be involved. Kelley suggested that the City could protect <br />itself and take more private property and have more road on the <br />other side. Mr. Wolfe reiterated his desire to consult with a <br />landscape architect. <br />Mr. Erger asked if the City would allow the bank to be 1:1? <br />City Engineer Cook said that it could be 1:1, but that may be <br />very costly. A better solution may be to keep the bank at 30" or <br />less. Mr. Schupp asked if proceeding with option 1 would <br />alleviate the need for a guardrail? City Engineer Cook said that <br />may or may not be the case. Rich Anderson suggested putting the <br />bank back as it was so that a guardrail would not be necessary. <br />Kelley and Cohen explained that it would be the property owner's <br />financial obligation if they proceeded in that manner. Rich <br />Anderson wanted the City to finance the project. Kelley again <br />suggested taking these various proposals to the City Council. <br />Mr. Erger asked about having 2' of shoulder from the blacktop to <br />the guardrail and screening the guardrail from the front^with <br />plantings. Bellows and Kelley pointed out the fact that snow <br />plows may destroy the shrubs. <br />It was moved by Chairman Kelley, seconded by Planning <br />Commission member Cohen, to table this matter. Kelley suggested <br />that the property owners keep the City apprised of how they would <br />like to proceed. Mr. Greg Long asked for a definition of <br />guardrail. Kelley said that the City would provide the residents <br />8