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MINUTLS OF TI11•: 10 MAR 0110140 COUNCI L. MEETING Ii1:I.0 I)I: EMI{l:k 10, 1984 PAGE 13 <br />4. An adequate house for this lot could have been <br />constructed, meeting the 4,595 sf of allowed <br />hardcover in the 75-250' zone. <br />5. That the additional hardcover is not necessary to <br />maintain a substantial property right. <br />6. This problem of hardcover was brought on by the <br />applicant. <br />Motion, Ayes ( 4) , Nays (0) . Grabek noted that it is the <br />responsibility of the builder to ask the right <br />questions and get the correct information regarding <br />zoning and building codes before building. <br />#854 G. ROBERT JOHNSON <br />1981 FAGERNESS POINT ROAD <br />CONDITIONAL USE PERMIT <br />RESOLUTION #1713 G. Robert Johnson was present. City Attorney Radio <br />stepped down from his City Attorney position because of <br />a conflict of interest wherein Robert Johnson and Tom <br />Radio are employed by the same firm, Popham, Haik & <br />Associates. Gary Larson, attorney, was hired by the <br />City to represent the City of Orono for this <br />application. <br />Assistant Zoning Administrator Gaffron explained that <br />this is an after the fact application wherein the <br />applicant constructed retaining walls, planters, and <br />steps within the 0-75' lakeshore setback zone. <br />Gaffron stated that the apparent clearing of trees <br />within the 0-75' setback zone were done by the previous <br />owner per the previous cwnerIs letter. Gaffron noted <br />that .?ohnson had thought that the contractor had taken <br />all the permits needed. Gaffron stated that one <br />solution to the hardcover is to use a pitchfork to <br />pierce the plastic beneath the rocks. <br />Councilmember Grabek asked staff if the City would have <br />granted Johnson the permit if he had come into the <br />offices before he commenced work. <br />Assistant Zoninq Administrator Gaffron replied that <br />Johnson would have had to apply for a variance for <br />hardcover. Gaffron stated that upon staff investi- <br />gation the steps were existing and that Johnson only <br />replaced the steps. Gaffron noted that there isn't an <br />increase 'n hardcover because of the added retention <br />capacity of the planters. Gaffron did note that the <br />Public Works Coordinator recommends the retaining <br />walls be moved out of the right of way. <br />