11-18-2002 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2002 6:30 o'clock p.m. (#9) #02-2854 KEVIN MANLEY, 1973 FAGERNESS POINT ROAD, Continued Gaffron indicated that staff really had no idea when the undercut bank of the shoreline could erode or slump off into the lake, it could be next week, this winter, next spring. He stated that he had no clear answer to how soon the "foreseeable future"might be. Chair Smith asked why the Planning Commission was reviewing this application at this time, in light of the numerous unresolved issues. Gaffron stated that the City published that the public hearing would happen tonight expecting to have a plan well in advance to review, but it was a bit late to call the neighborhood and say don't show up. There was also the situation here that if there were issues that could be resolved which could direct the applicant towards some resolution prior to January he would like to do so. While thanking City staff for their understanding and polite demeanors, Mr. Manley stated that the process has gone very slowly. He indicated that he first submitted his applications in April 2002 after purchasing the property in February and did not get return phone calls regarding his application for several months. He maintained that he hadn't removed any soil since purchasing the property and was only responsible for what's happened since April. He maintained that the only thing he's done wrong was to construct the 8X8 shed across the street, which could be removed. He had already ripped out the illegal retaining walls built by a previous owner. Manley reiterated that he has had little luck getting the City to tell him what he can and cannot do on the property. Chair Smith reminded the applicant that, as the current owner, he may be held responsible. Rahn asked whether the previous owner had been the applicant's brother. Manley confirmed Rahn's statement, however, did not see any significance in that fact. Manley continued, stating the City Council had given him permission to lower the lower level and construct two decks - one on the front and one on the back. As far as the sidewalk, Manley could not understand what the problem was with his stairway as opposed to others in the neighborhood. With regard to the parking lot area, Manley asserted that the gravel parking area had always been there, and that neighbors could attest to this. He indicated that the City Council had already stated they would give him approval for a parking lot across the street as soon as he got it in his name. As a building contractor, Manley could not understand the delay and was concerned about getting a decision made after six months of waiting. He asked to move forward and be given direction. PAGE 20 of 29