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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 24. 1994 <br />(#S> #1974 TYLER CORBIN, U$S NORTH SHORE DRIVE - CONDITIONAL <br />USE PERMIT- RESOLUTION #34S7 <br />Mr. .Cofbin was present. <br />Mabusth reported that the former property owner was before the Council in 1982 for a <br />CUP and variance to allow two tiers of retaining wall and stairs that have since <br />deteriorated. This application has been amended to include a three>tier boulder wall, 4' in <br />hdghL with a walkvmy and access slurs to the dtordine. TMs includes an increase to the <br />hardcover amount in the 0-75' zone only because the calculations were done after the <br />original stairs were removed. <br />Mabusth said the Planning Conumssion gave conditional approval fof the permit with a <br />stipulation to provide a landscapii^ plan to buffer the starkness of the walls as wdl as <br />removal of a driveway within die 0-75'zone, located on the east side of the prt^wrty <br />within a five-year period. This would allow the driveway to exist up to where the <br />entrance to tte toick-undcr garage is located for access to the gar^. The Planning <br />Comnnssion addressed the financial hardslup allowhtg the driveway removal to occur <br />over a five-year time period. <br />The hardcover is 28% in the 0-75' zone and 64% in the 75-250* zone. The Plaimhtg <br />Commisston fdt this was excessive. The apf^cant's porition was that he did not put the <br />hardcover in, as the property is still as he bought iL nor has he added to it. <br />Mabusth said the City was concerned with the driveway and rqiorted that in the three <br />land-use files on record, none of the inqrroveniem plans showed the acceis drive. The <br />most recent apfdication plan shows only the two-tiered retainiiig wall. <br />Mr. Corbin said the builder he hired to replace the deteriorated timber wall was to have <br />applied for a permit and did not. He reiterated Ms o|»nion that tins project will actually <br />decrease the hardcover percentage in the 0-75' zone, even though die plans show an <br />increase, because of the calculations having been done after the original walls were <br />removed. His plan is to install grass in the area between the old walls. Corbin remarked <br />he would also like to include lot 74, wluch he owns, in the hardcover calculations and <br />would be willing to combine lots if necessary. Goenen asked for clarification on the <br />hardcover amount. It was noted that the City has only the amount listed on the <br />application and what is visibly there now to go by. Goetten informed the aiqilicant that <br />the only time the City has an opportunity to make improvements on a property is when an <br />applicalion such as tMs comes before the Council for a variance or CUP. <br />The Council is concerned with the runoff entering the lake fiom the driveway in question. <br />Jabbour redirected the Council to look at the previous applications brought before the <br />Council in 1976,1978, and 1982. Nowhere did the driveway present itself on any <br />application. Jabbour's opinion is that the applicant should a^ for a variance for tins <br />dfWeway.