02-12-2001 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • 11. #2651 Robin and Jeremy Bupp, 2696 Caroline Avenue— Variances — Continued the house. The ordinance allows normal and customary grading in the area of an existing or a newly constructed building without requiring a CUP. Mr. Clemons stated that the Bupps have put in retaining walls that are higher than allowed. He stated the walls should be removed and fill put in, and they should install stairs off their deck instead of off the sliding glass door. He also claimed their house obstructs his view and has damaged his property. Mr. Clemons stated that the Bupps improperly measured the silt line by walking out to the dock and then measuring back. He stated that roof overhang has not been included in the hardcover calculations and should have been. Sansevere asked if overhang was typically included. Gaffron stated that the Code states anything that impedes direct absorption of rainwater is hardcover and overhang is not considered part of the hardcover unless it is supported by posts or a wall. Nygard asked if the hardcover ordinance was a yard requirement. Gaffron stated it was not. He stated the overhang was allowed to encroach 1 Meet into the required yard, that is, into the 10 foot setback from the property line. Sansevere asked if the retaining walls were a hardcover issue. Weinberger stated that 45 • s.f. have been included in the hardcover calculations for the retaining walls. u Mr. Longman stated that Mr. Clemons statements were unfounded and requested that they not vary from the requests before Council. Mr. Clemons reported that Peggy Kadlec of 2726 Caroline Avenue, quoted the builder as saying, "You can try to stop me, but I'm building as fast as I can and once it's built all 1 have to do is get a variance from the City." He also stated that the first footprint was in error and Lyle Oman, the City's Building Official, found that the lakeside structure was 3 feet wider than what the survey had indicated and extended 3 feet beyond the legal setback line. Neither Ms. Kadlec nor Mr. Oman were present at the meeting to comment. Sansevere asked if the retaining walls would remain, even if the 3 by 8 foot landing were allowed. Weinberger stated that the retaining walls would remain and were allowed with the building permit. Mrs. Bupp stated that the retaining walls retain preexisting dirt, they were not filled in behind as Mr. Clemons suggested. Mr. Longman stated that Mr. Clemons' charges were fabrications. He agreed that he hired the surveyor who made the mistake. He stated he did not see how the driveway and patio would impact the neighbors. Mayor Peterson stated that it was a hardcover issue and the City tries to never grant variances to hardcover for new construction on a conforming lot. 14