07-22-2002 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING . Monday, July 22, 2002 6:30 o'clock p.m. 08) #02 -2793 REVIS STEPHENSON,1850 FOX RIDGE ROAD -AFTER-THE-FACT CONDITIONAL USE PERMIT AND VARIANCES - Continued additional trees would certainly help the erosion control issue and give a more natural appearance to the area and also recommended more intense plantings in the flat area leading to the neighbors. He reminded the applicant, however, that if any plantings would be considered that go over neighbor boundaries, they need to get consent from those individual neighbors. This might help to mitigate some of the concerns that need to be addressed. Weinberger explained that part of the problem is that they have a conditional use permit approval, which approved a certain grading plan. He asked if the Council would have felt any differently, if back in 2001, the applicant came in and said "I would like to do this, but I don't want to leave the large gulleys that are left, or areas where you are going to have low spots on the sides of the hill, but rather I would like to tie those elevations in to existing elevations on neighboring properties." Weinberger asked if Council might have approved that application, and indicated that staff probably would have supported such a proposal, because by connecting existing contours to neighboring contours, it has created drainage areas that follow the property line versus keeping the drainage pooling on the property. Mr. Peterson stated that since his meeting with Weinberger and Schubert on Friday, he had supplied the City with data sheets and letter as to the revised delineation. He had also performed a GPS delineating the locations and boundaries from both before and after the project. He handed' out the GPS data and reminded the Council that the original delineation was done in December, when snow covered the ground. He noted that the line, for the most part, was located further to the east except right in the center portion where the encroachment occurred. Sansevere asked when the aerial was taken. Peterson stated that it was taken in 2000, before any alteration occurred. Sansevere stated that, apparently, the neighbors on either side have indicated they were satisfied with the work, while there is one neighbor where there seems to be some conflict. Although it would not be up to the neighbor what Council decides, Sansevere asked if any of these scenarios would seem acceptable to attorney Galatz's client, Mr. Chalfen. Mr. Galatz stated that, what his client would expect, is that the plan would revert to what was originally approved in 2001. With respect to extensive planting, Galatz asked what the City considered extensive to be. He maintained that what he saw planted, mere 10' tall trees, was insufficient. He felt that Mr. Chalfen had no objection to the gulleys if the neighbors like them, • however, Chalfen does object to the fact that Stephenson pulled the crest of his hill into the wetland an extra 30' beyond what was approved. By doing so, he created the gulleys and was forced to widen the fill. Galatz argued that there was nothing accidental about this application. PAGE 23 of 35