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M1NLITE:: OF TIII: REG(II.nl: OItC)NO Cojmc11. MEL.TIN( ill:l.Y) I)ECEMI{I:k 10, 1484 I'AGr 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 har?col,er 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 11713 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 anu Tom <br />Radio are employed by the same firm, Popham, Haik & <br />Associates. Gary Larson, attorney, was hirers by th- <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 1-75' lakesr-)re setback zone. <br />Gaffron stated that ttie apparent %:learing of trees <br />within the 0-75' setback zone were done by the previous <br />owner per the previous o% ner' s letter. Gaf f ron noted <br />that Johnson 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 tie had come into the <br />offices before he commenced work. <br />Assistant Zoning 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 in 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 />