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 the Manley's own the accretions. The City's concern is with where the property boundary will end up. The actual area Manley owns within the east 0 -75' lakeshore yard was at that time unknown. Regarding the concrete stairs alongside the garage, Gaffron stated that they extended into the road right -of -way, but the City had never received a complaint about them. He stated he would defer to public works concerning any issue with the stairs. Murphy stated that if staff felt the stairs were a problem, then Manley should correct them. Sansevere suggested Gappa look at the steps and determine if they would be a problem for the plows. Concerning the deck on the west side of the house, constructed without zoning approval, Gaffron stated that there had been a deck there that was torn off and replaced with a new one. There had been one building plan for the basement remodel that showed the deck, but it was never approved. The deck is within the 0 -75' zone. Mayor Peterson stated the deck had to go through due process. White stated the City had to be consistent to meet State law. Manley showed Council a site copy of the plan with a City stamp on it that showed the deck both before and after the reconstruction. He stated that they had reduced the deck size and amount of hardcover. Mayor Peterson stated that the grade of the walkout level and undercutting of the lakeshore • bank issues would be tabled, along with the proposed boulder wall landscaping plans. Murphy asked if tabling it would keep the applicant and his neighbors from installing the riprap. Gaffron stated that if they received a Watershed District permit, and it wouldn't affect the rest of the property, then Manley could proceed with the riprap. Murphy asked if there was an advantage to doing it with the lake frozen over. Manley stated it would probably be a spring project, done with a backhoe. Barrett suggested they direct the applicant back to the Planning Commission with no motion needed. Gaffron stated they had the ability to extend the deadline to March 12, 2003. If Manley submits the new variance applications by December 18, 2002, he could be finished in March of 2003. Murphy moved, and Sansevere seconded, to remand the application for conditional use permit and variance for land alteration and hardcover within 75' of the shoreline back to the Planning Commission. Vote: Ayes 5, Nays 0. •