07-28-2003 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 28, 2003 • 7:00 o'clock p.m. (RICHARD S. BROWN, 1300 SHORELINE DRIVE, Continued) Gaffron pointed out that some of the hardcover was not in place until the end of construction and agreed that the City did have some culpability, since the site was not inspected for over one year and neighbors had called to complain, although not necessarily about the hardcover specifically. Murphy encouraged staff to draft a resolution that makes it clear to builders that they cannot pull a stunt like this and the City will allow it on behalf of the new owners. Attorney Barrett commented that this is the third time this same issue has been addressed recently. He reminded the Council that hardships extend from the land and that it is difficult to assign hardships to circumstances. Mayor Peterson stated that she viewed the application differently than the previous applications, since this is the new owner versus a current builder /owner. White suggested the City consider invoking some kind of financial penalty to builders who disregard or go beyond what is allowed. Sansevere agreed, stating that some communities do have fine provisions. Barrett acknowledged that this is becoming a problem and suggested the Council determine a way • to gain control of the issue. Murphy moved, Mayor Peterson seconded, to approve the Planning Commission recommendation for Application #03 -2904, Richard S. Brown, 1300 Shoreline Drive, approval of after - the -fact variances for the revised removal plan, subject to conditions noted, acknowledging that the hardship is granted solely on specific circumstances of this case, as the owner was not the builder or owner at the time, but trying to accommodate the hardcover provisions after the fact. In addition, noting that the City will take a look at the process used to work with builders in the future. Brown suggested the City look at its process, since he was merely called by the City Attorney at 4PM the night before his closing and told there were problems, long after his first inquiry. He noted, too, that the City Attorney was hesitant to even tell him, the potential owner, what was wrong. He pointed out that a pump station exists directly across from the property and felt there was many opportunities for the City to have seen red flags. Attorney Barrett indicated that he had asked to speak to Brown's attorney, since it would be considered unethical to speak to him if he had representation. VOTE: Ayes 4, Nays 0. *6. #03 -2906 RICHARD ROBERTS, 1937 FAGERNESS POINT ROAD — AFTER -THE- FACT VARIANCES — RESOLUTION NO. 5009 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5009, a Resolution • granting approval of a two- tiered retaining wall replacement on house side of road, with PAGE 7 of 18