11-23-1998 Council Packet - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 9, 1998 (#11) LITTLE ORCHARD - REQUEST TO AMEND EASEMENT DESCRIPTION - continued Gaffron explained that on October 26, 1998 Council tabled this application to give the developer an opportunity to stake the site in relation to the top of bluff Due to a different method of computation, staff does not agree with the top of the bluff determination made by applicant's surveyor. The surveyor's version is closer to the lake. A compromise can probably be made regarding the top of the bluff. The City's goal is to preserve trees. Based on the 30' setback, a 36" oak tree and two maples would be removed. Technically the top of the bluff needs to be defined before a determination can be made regarding placement of the house. Hunt presented options for the house location. Anderson, as developer, expressed concern that the house follow the contours and not tear up the bluff He indicated the lines were very close and pointed out an area which could be given back to the easement. Mayor Jabbour clarified that the request is to revise a legal description for an easement granted to the City which was mutually agreed to for preservation of vegetation. This does not affect the City's ordinances, standards nor does it require a variance. Kelley inquired how the property would be protected in the future if a homeowner wanted to make additions such as a patio. Anderson explained all design plans would need to be approved by an architectural committee. Mayor Jabbour noted that the building envelope is already being pushed to the limit. Gaffron explained standards presently in place protects the zone closest to the house by prohibiting structures except for a lake access stairway, prohibits removal of any tree that is over 6" in diameter without City approval, it allows trimming or topping of trees without City approval, requires that there be a ground cover maintained, it doesn't allow any topographic changes without City approval, and prohibits fences, play stru tures, decks, and accessory buildings. Gaffron said the revision would do a better job of protecting trees than the prior proposal. Mayor Jabbour noted, for the record, that on Saturday the Council was not present on the property in a form of a quorum, members visited individually and no decision was made nor action taken in advance. Kemna questioned whether or not the term vegetation meant natural. Gaffron stated it could be rewritten to be natural. Gaffron wanted Council to understand that in some areas the City would be gaining but losing in areas which are not as critical. Changing the existing easement places the house closer to the trees instead of 20-30' back into the pasture. Flint moved, Peterson seconded, to direct staff to revise the legal description for the easement and redefine vegetation as discussed. Vote: Ayes 5, Nays 0.