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 — Continued Murphy added that he had no problem with the deck, wanted the shed moved, and the sidewalk issue resolved. The lakeshore issue would have to be tabled. Sansevere asked if all the neighbors had gravel drives. Gaffron stated that if you drive on it, it is considered hardcover, regardless of whether it is permeable. The drive wasn't there before and would require a review process. He stated he did not know if any of the neighbors had their drives approved. Murphy asked about the issue with the riprap. Gaffron stated that the property has a vertical slope with waves undercutting it and trees in danger of falling into the lake. Manley stated that five of his neighbors had received an estimate to do the riprap along the lakeshore all as one job. He is the only person dealing with the City, while the neighbors are dealing with the Watershed District. White stated he preferred not to deal with the issues ad hoc. Manley stated he would like the Council's opinion on the plans. Sansevere stated he • would like to hear from staff and the engineer before giving an opinion. Manley asked if the application would have to return to the Planning Commission. Mayor Peterson stated it would, in all fairness to him, because Council relies on the input of the Planning Commission, staff, and the engineers. She added that the Planning Commission hadn't seen the new plans yet and may approve the application based on one of them. Gaffron stated that on page 1 of item B there was a list of unresolved issues. Regarding the shed that was illegally constructed and located within 2' of the shoreline, Mayor Peterson, Murphy, and Sansevere agreed it must be moved before the project is completed. Regarding the parking area, Manley stated that it had been increased in size, but had always been in that location. He stated it had been overgrown and had railroad ties bordering it. He removed the ties and widened it to allow for 3 cars. Mayor Peterson asked if he needed a variance. Gaffron stated he did because it was new hardcover with no indication of what had been there previously. Manley asked if applying for a variance would be a waste of time. Sansevere stated it looked like everyone in the neighborhood had similar parking areas. Gaffron stated they needed a review process because of the specific parking needs for that road. Mayor Peterson instructed Manley to apply for the variance. • Regarding the accretions, Gaffron stated that Manley's attorney, Mr. Bishop, claimed that 7