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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, November 18, 2002 <br /> 6:30 o'clock p.m. <br /> (#9) #02-2854 KEVIN MANLEY, 1973 FAGERNESS POINT ROAD, Continued <br /> While staff would prefer that the shoreline restoration be completed as soon as possible, <br /> Gaffron felt that staff was not in a position to recommend approval of this plan due to the <br /> fact that the City Engineer's comments had not yet been suitably addressed and suggested <br /> that the Planning Commission table the application. Gaffron laid out a series of seven <br /> recommendations for the Planning Commission to consider: <br /> 1) Gaffron suggested the Planning Commission table the application to allow staff and <br /> City Engineer time to consider whether the plan is appropriate, and to allow staff, <br /> applicant and the applicant's consultant time to confer. <br /> 2) Commission should provide direction as to whether the grades on the west lakeshore <br /> yard should be restored <br /> 3) Commission should provide direction as to whether the deck on the lakeside of the <br /> house might be approved if a formal variance request was made <br /> 4) Gaffron maintained that any forthcoming approvals should be conditioned on timely <br /> removal of the illegal shed in the eastern 0-75' zone, and removal of the gravel parking <br /> area in the same zone, returning both to grass. The applicant had been ordered to remove <br /> the shed back in July but to date has failed to comply. Gaffron indicated that staff's <br /> perspective would be that the variances for these improvements, if applied for, should not <br /> be granted as there is likely no hardship to support such variances. <br /> 5) Applicant should be advised to work with adjacent property owners in reaching a <br /> suitable conclusion in terms of ownership claims regarding the "accretions" east of the <br /> road <br /> 6) The survey should be revised to verify the encroachment of the concrete stairway into <br /> the City right-of-way. Gaffron questioned whether angling the stairway toward the <br /> driveway might avoid the encroachment <br /> 7) Because it is likely the necessary work would not take place until spring, the applicant <br /> should be advised to maintain erosion controls on the site as necessary to avoid <br /> sedimentation to the lake or road. Silt fencing along road and adding to silt fencing along <br /> the west shoreline <br /> With regard to the unresolved issue item#7, Chair Smith asked what constituted the <br /> foreseeable future. <br /> PAGE 19 of 29 <br />