12-13-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (10. #04 -3060 MICHAEL & DONNA EBERTZ, 1220 TONKAWA ROAD, Continued) Curtis stated in September the applicants conducted some work on their lot in an effort to stop the erosion of their lakeshore. A contractor was hired to re -grade the lake yard and install boulder rip -rap and boulder rock walls without City permits or review. The applicants were notified that permits were required and they have now applied for an after - the -fact hardcover variance and an after - the -fact conditional use permit. The Planning Commission voted 5 -2 on a motion to approve the after - the -fact conditional use permit and deny the after - the -fact hardcover variance. The recommendation was to allow the most lakeward wall with concurrent 0 -75' hardcover removals and to deny the addition of any other walls except for those determined by the Engineer to be crucial to the integrity of the lake yard. Curtis noted the City Engineer has reviewed the current plan and finds it to be adequate. Curtis stated the applicants have indicated that they are unable to reduce the hardcover in the 0 -75' zone in order to maintain the current level. Staff recommends approval of the application subject to concurrent hardcover removals in the 0 -75' zone. • Mr. Ebertz stated he purchased the property in 1999, with the previous owner having placed rip -rap in that area. Ebertz indicated some erosion had occurred in that area and he was attempting to prevent further erosion. Ebertz stated he was not aware of the need to obtain permits for this work or that boulders were considered hardcover. Ebertz stated in the Y- shaped area they were going to plant some hardy groundcover, noting that this area is not conducive to most vegetation. Sansevere inquired whether the applicants are agreeable with the City Engineer's recommendations. • Ebertz indicated he is fine with the recommendations, but expressed a desire to possibly remodel or expand the existing residence sometime in the future. Ebertz expressed a concern that this boulder wall would be included as hardcover on the lot. Gaffron stated the Council should decide whether the applicants should remove hardcover within the 0- 75' zone to compensate for the new hardcover created by the boulder walls. Sansevere inquired whether rip -rap is considered hardcover. Gaffron stated boulder walls are counted as hardcover and that rip -rap is normally not allowed nowadays. Gaffron stated the City has consistently considered boulder walls hardcover. Sansevere inquired whether there is any existing hardcover that could be removed. Gaffron stated the stairway and deck should probably be retained, but noted there is a little shed that does exist on the property that could be removed. Ebertz stated a small gravel road also exists on the property. Gaffron pointed out the gravel road should have been removed years ago. Murphy stated the boulders are located in the Y area. PAGE 12 •