01-22-03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Wednesday, January 22, 2003 6:30 o'clock p.m. (#02-2854 KEVIN MANLEY, Continued) Gaffron stated that the lakeside stairs would lead to a dock system and that staff found that acceptable. The street side steps were not an issue. Fritzler stated that his questions had been answered and that he would support Option 1, as long as the City could be sure the work was completed as promised. Chair Smith indicated that she could support the construction of a boulder wall system versus keystone for aesthetic reasons. With regard to the inspector's comments, Chair Smith agreed, however was concerned about the future of the property. She also believed more trees were needed and that a timeline should be provided with ways to monitor the progress. Rahn asked if Option 1 restored the side yards. He indicated that if staff were satisfied with Option 1 as proposed, which restores the property the closest to the original state,he could support that as well. Gaffron stated that Option 1 would not restore the side yards as proposed. He believed that by restoring the original 3 or 4:1 slope,you might gain something,but cause the need for double retaining walls as reflected in old photos. While she could support Option 1,Zugschwert indicated that she could not see sacrificing the future of the property by requiring the side yards be restored. Chair Smith was troubled by the fact that,had the application for this grading and retaining wall work been before the Commission prior to being done, it would have been denied. In order to keep the shoreline as safe as possible,Hawn agreed that the City had now been put in the terrible position. Hawn moved to recommend approval of Application#02-2854,Kevin Manley, 1973 Fagerness Point Road,granting an After-the-Fact Variance and Conditional Use Permit for land alteration and hardcover within 75' of the shoreline as per Option 1 of the staff's recommendation,along with a schedule detailing the timeline for completion of various pieces of the project,plus additional planting of trees on the property,and subject to staff recommendations as per the staff report dated January 16,2003. Hawn asked if regularly scheduled inspections should be done during the process. Although he wished someone from the City could visit the site on a regular basis, due to limited staff, Gaffron indicated this realistically couldn't be done. Fritzler seconded the motion. VOTE: Ayes 6/1,Chair Smith dissenting. Chair Smith stated that she would like to see the property much more closely restored to its original state. PAGE 4 of 29