12-09-2002 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 9, 2002 9. #02 -2854 Kevin Manley, 1973 Fagerness Point Road — Variance /Conditional Use • Permit Kevin Manley and Ed Suarez of Gustafson Design, landscape designer, were present. Gaffron .stated that the applicant had serious erosion problems with the lakeshore on his property and was applying for approval of a boulder retaining wall system and landscape plan for the westerly lakeshore bank of the property. The proposal requires a conditional use permit and variance for land alteration and hardcover within 75' of the shoreline. The house was newly remodeled and several out of compliance issues had been brought into compliance. There were, however, a number of unresolved issues with the property. The Planning Commission offered to table the proposal, but the applicant requested that a recommendation be forwarded to the Council. Planning Commission recommended to deny the request and did not address specific issues concerning what they might approve were it to come back. Staff had not had adequate time to review plans for extensive boulder walls. The grade has changed since the owner before the last had the property, and the grade change had not been approved. They are therefore looking into potential restoration. There is concern about the slope and stability of the lakeshore bank. They received new plans for 3 different options shortly before the Council meeting. Gaffron suggested it may be appropriate to table the application to allow staff and the City • Engineer time to review the new plans. He suggested Council provide direction as to whether the grade should be restored to what it was before remodeling began, whether the deck might be approved if a formal variance request was made. The deck had not been approved by the City and was encroachment in the 0 -75' lakeshore setback zone, and additional hardcover. Any forthcoming approval should be conditioned on the removal of an illegal shed on the east side of the property and removal of an illegal parking area in the same zone. He stated a survey should be conducted to determine if the stairway encroaches into the right -of -way enough to be an issue with plowing. Work on the lakeshore could occur in the spring, and erosion control would have to be maintained in the meantime. Gaffron stated staff's recommendation was to table the application. Mayor Peterson asked Manley if he would have a problem with tabling the application. Manley asked if they could work through some of the issues. Gaffron stated that all the factors need to be dealt with, but most were separate issues from the lakeshore erosion. Murphy stated that the applicants had done an incredible job on the house. He felt that the Manley's had hurried to get the application past the Planning Commission and to the City Council, and stated he was not prepared to review the plans without the staff's input. • 2