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 Sansevere asked how this could be acceptable if Mr. Chalfen's biggest objection is the lack of screening. He wondered how it would grow back without being planted. Galatz stated that in terms of what it would take to satisfy his client, Galatz argued that it is not okay to break the law and then ask for permission. He believed this to be a bad precedent for the City. His client insists that the applicant do what the City told him he could do, and nothing more, even if that means restoring the hill and wetland. Sansevere asked if staff was uncomfortable with what is existing. Galatz stated that even in its most lenient recommendation, staff asks for some extent of modification. Assuming that Mr. Peterson's wetland delineation is correct, Weinberger stated that staff's recommendation is that there be no fill within 26' of the wetland and that slopes don't exceed 3:1. Weinberger pointed out that thru settling the-slope might get to 3:1 and questioned whether • it would be worth making the modification to the whole hill for 300 s.f. impact. He stated that the question now is whether the further environmental impact on the wetland is worth mitigating for 300 s.f. Murphy indicated that the longer the process goes on the luckier Mr. Stephenson looks. The slope is settling to 3:1 etc. In his view, the City has a couple of real options available. He would propose that they always have the fall back option 1, to remove and undo everything he did, but doesn't solve much. Option 2, allows the applicant to come back with an actual landscape design that would incorporate everything that we have talked about, and although Mr. Chalfen would not have final authorization on it, Murphy would like to invite him to review the plan, as well as, his attorney, staff, and Council. The fall back position is always present, but he felt it would behoove the interested parties to consider other options. Galatz maintained that Stephenson had already been allowed six months, and the City continues to allow him more and more time to get further into it. Sansevere stated that they were attempting to acquiesce to his client's concerns. If issues had not been raised at the last meeting, Sansevere indicated that they might have been done with this already. Murphy contended that he drove out to Mr. Chalfen's property and sat in the driveway, and was hard pressed to see how awful this is. This being summer, Murphy recognized that the view might be somewhat different in the winter but not necessarily to the degree Galatz asserts. Murphy reiterated that everyone was well aware of the baseline, and would like to give the PAGE 26 of 35