09-22-2003 Council Minutes - Laserfiche WebLink

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• LIINLITES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2003 7:00 o'clock p.m. (6. #03 -2936 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE, Continued) Gaffron reiterated that the applicants could be allowed a 32 s.f. landing and an additional 20 s.f. for a lock box in lieu of the deck. If it were determined that some kind of structural support were necessary to ensure the integrity of the wall system, Moorse questioned what type of support might be sufficient. Kellogg suggested that the concrete itself could be reinforced or tiebacks could be used; however, not seeing it for himself he was hesitant to make that recommendation. Since in the absence of any definitive engineering expertise to say one way or another and since it seems as if the combined wall and decking system is supporting this retaining wall structure, Murphy stated that he would not be willing to risk mandating the removal of the decking only to see the wall crumble below. Ms. Murphy pointed out that during their last visit before Council she had suggested the City Engineer visit the site and make a recommendation; however, was told by City Attorney Barrett that the City Engineer should not make a ruling on this either, to ensure the City is not liable for the ruling. • Murphy maintained that the applicants had done what the City Council had asked them to do, attempt to obtain a ruling from a reputable engineering firm. Although the results were inconclusive, Murphy indicated that he was not willing to risk tearing out the decking screwed to the retaining wall if the wall were jeopardized in the process. He felt this alone constituted adequate hardship. White concurred. Sansevere asked Kellogg whether he believed other testing or investigation was warranted. Kellogg stated that other testing techniques could potentially be done, though some are rather destructive, others are not. He felt that it was difficult to determine what could further be done not having seen the system himself. Murphy moved, White seconded, to grant a hardcover variance in the 0 -75' setback zone to allow 6% hardcover consisting of an existing lakeside deck, where 0% is typically allowed, subject to the removal of the deck skirting, planting of an appropriate vegetative screen, and the condition that if the deck should deteriorate to such a degree that it must be rebuilt it cannot be replaced on the property at 3135 Casco Circle. Sansevere asked Kellogg if he believed the physical testing required would require the deck to-be pulled off in the first place to test. Page 5 of 16