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MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD JUNE 24, 1985. PACE 12 <br />ORDINANCE INTERPRETAT1ON <br />(CONT.) <br />City Attorney Radio noted that a public hearing would still <br />have to be held. Radio felt that staff should identify those <br />type of cases that staff feels would be appropriate within <br />staff's skill level and bring back to Council for their <br />review. Radio nested that a code change would probably be <br />necessary. <br />Councilmember Frahm suggested calling it something else <br />rather than a variance but still get a resolution filed in the <br />chain of title. <br />City Attorney Radio suggested calling this type of action a <br />code interpretation or staff interpretation. <br />John Purdy asked Council what he should do. <br />Council advised Purdy that he sh.)-ild apply for a variance or <br />wait for Council's decision regarding the discussion held <br />tonight and for Council's performance standards seat up for <br />staff's interpretation. <br />Councilmember L. Adams stated that the resolution could be <br />called "Council affirmation of staff s decision" and be <br />placed on Council agenda. Adams felt that staff should have <br />additional authority. Adams explained that the Planning <br />C'ommissioi. is confused about the changes in hardcover made by <br />the Council and the Planning Commission needs and desires <br />;,larification of the hardcover. Adams noted two items that <br />the v were confused on which was landscaping wi+h rock with <br />pl tic underneath with holes poked in it which Planning <br />C-)mmission tends to interpret as non -hardcover. Adams <br />no, ed they also were confused with decking less than 18" from <br />the ground with sand base (considered non -hardcover), <br />vit.h,n the 0-75' mark in which the Planning Commission <br />ntexUreted as hardcover in which the Council has <br />,nterepreted as non -hardcover. Adams stated which way the <br />water breaks does nct make a difference to him in calculating <br />the hardcover. Adams also asked about swimming pools if <br />they are considered hardcover. Adams noted that the FWBI <br />should respond to the fertilizer and whether it is damaging <br />to the lake. <br />Councilmember Grabek asked staff to check with the FWBI to <br />get answers on the aff -ct of various hardcover techniques to <br />the lakeshore. Grabek felt the FWP , '­ uld address plastic <br />under decking or decking with a s- ase, fertilizer for <br />lawns, ground water supply, and L►,,- many other issues <br />discussed tonight. Grabek sugqested inviting Dr. Hanson to <br />the Council to give answers to these questions. <br />City Administrator Bernhardson noted the Spence letter and <br />asked Council whether to ask the applicant to come in for a <br />variance to replace a non -conforming shed can the existing <br />foundistion. Bernhardson noted that Spvncc>'s argument was <br />