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• <br /> • MINUTES OF THE • <br /> ORONO CITY COUNCIL MEETING <br /> Monday,November 27,2006 <br /> 7:00 o'clock p.m. <br /> (5. #05-3135 ALLENMUNSON, 3165 NORTH SHORE DRIVE, Continued) <br /> results in a 29-foot defined height and meets the City's code. Gaffron stated the applicant's defined <br /> height would become less as he goes further back into the hill. <br /> White stated the Council would be directing Staff to draft a resolution either approving or denying the <br /> application tonight. <br /> Brokl stated action would need to be taken on both items tonight in order to meet the 60-day deadline. <br /> Murphy asked if the City Council directs Staff to draft a denial resolution, whether the applicant would <br /> need to redesign his plans and start over. <br /> Munson stated he has been working with Staff for approximately two years on this project. <br /> Murphy stated he is reluctant to approve the conditional use permit since the grading plan is based on the <br /> house encroaching six feet into the average lakeshore setback and the grading may change if the location <br /> of the house changes. <br /> Gaffron stated there should be relative minor changes in the grading if the house is relocated out of the <br /> average lakeshore setback. • <br /> Brokl stated the Council has the discretion of approving a conditional use permit up to a certain amount of <br /> fill. Brokl stated if the applicant is able to meet the requirements of the City,he would not need to appear <br /> before the Council again. <br /> McMillan moved,Murphy seconded,to direct Staff to draft a resolution reflecting denial of the <br /> average lakeshore setback variance and approval of the conditional use permit to allow fill not to <br /> exceed 2400 cubic yards, subject to review and approval of the grading and drainage plan by Staff <br /> and the City Engineer. <br /> Murphy asked Mr. Wagener whether he would like to entertain a discussion with the applicant on that <br /> corner of the house encroaching into the average lakeshore setback. <br /> Sansevere stated the average lakeshore setback regulation should be respected. <br /> Murphy stated he was suggesting the two parties attempt to negotiate the encroachment since they have to <br /> reside next to one another but that he would withdraw the question. <br /> McMillan stated the parties have had an opportunity to discuss this application in the past. <br /> Munson inquired why he was considered for a variance when one of the Council members stated the line <br /> is the line. <br /> Murphy asked when this application first appeared before the City. <br /> Gaffron stated in June of 2005 the application first appeared before the Planning Commission. <br /> PAGE 7of10 <br />