07-23-2007 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o'clock p.m. • ( #05 -3143 Dan Hessburg, Continued) White noted the entire retaining wall was not depicted on the original plan. Hessburg stated a portion of the retaining wall was pre - existing but that the section of the retaining wall that is over four feet was constructed later. Curtis stated the approved drainage plan does not depict any retaining walls. Hessburg stated he could remove a portion of the retaining wall where it is lower and regrade the property but that the higher portion of the wall should remain to help control the runoff. Hessburg stated the City's Code requires that they start at existing elevation and that the actual final elevation was higher than the proposed elevation. Hessburg commented he is unsure how that occurred. Rahn inquired whether the house was constructed at the proper elevation. Hessburg stated the elevation of the floor was built to exactly what was proposed on the plan. Rahn stated if the house were constructed as depicted, it should have been obvious that a boulder wall would be required. Kellogg stated what is missing from the grading plan are the evergreen trees, which prevent the slope from being graded unless the trees are removed. • Hessburg concurred they would have had to have removed those trees if they did it as proposed. Murphy commented he is unsure how anyone could have anticipated where the final grade would come out and that he is not sure where the responsibility lies for that. Murphy stated there is no way that this house could have been built at the elevation proposed without some type of retaining wall between the two properties. Murphy stated the house is sitting at least four feet below where it should be in comparison to the neighbor. Hessburg stated they followed the approved grading plan and that they had to start from existing grade, which created a problem with the driveway. Hessburg stated he does not know why the City's ordinances require that they start with existing grade. Murphy stated he does not know how this house could have been constructed four feet lower than the neighbor's. Hessburg stated even if the house were constructed four feet higher, they would have the same problem on the other side. Gaffron inquired whether the house had to be placed at a certain elevation in order for the lower level to be considered as a basement rather than a story. Curtis stated it is not a matter of Staff telling the builder at what elevation his house has to be at but a matter of the builder wanting to construct the house to a certain height to meet City Code. • PAGE 4 of 17