06-11-2012 Council Minutes - Laserfiche WebLink

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MINUTES OF THE j ORONO CITY COUNCIL MEETING Monday, June 11, 2012 7:00 o'clock p.m. (6. #12 -3547 JOHNAND PHOEBE STAVIG, 790 BROWNROAD NORTH, Continued) McMillan noted this lot was subdivided in 1969 and probably would not have been able to be created after 1992. Gaffron noted this property is located in the MUSA and that there is a sewer connection available to the property. Stavig stated he is not attempting to represent that the slope will never fail but that the driveway bed was constructed over 100 years ago and has not eroded. McMillan commented that anytime you start removing more of the soil, stability will be impacted. Gaffron stated Staff has not done any analysis to determine whether the lower level will be considered a basement or a story. McMillan opened the public hearing at 7:49 p.m. Meg Pendleton, 800 Brown Road North, noted she attended the March Planning Commission meeting and had the understanding that Mr. Stavig needed to obtain some additional engineering, which she was fine with. Mr. Stavig had discussed his application with the neighbors prior to approaching the City and the neighbors are comfortable with his research and proposal. Pendleton stated in her view he respects • the neighborhood. Pendleton indicated she still has respect for Mr. Stavig's opinion and that she thought the engineering report would be enough for the City to pass his application. Pendleton indicated she would not like the house to be moved closer to the cul -de -sac since it will be likely the house will be higher and that she would prefer the house be located further back. Pendleton stated if she is looking out over the lake, the closer the house is to the cul -de -sac, the higher the house is, and that she would prefer the location proposed by the applicant. McMillan closed the public hearing at 7:52 p.m. Rahn commented it is difficult to approve an application without elevations since that would give the Council a better perspective on how the structure would impact the neighbors. Rahn stated encroachment into the bluff is a major issue and it is not something that the City normally does. Gaffron stated the City does not typically grant variances to the bluff. Gaffron noted the minutes of the Planning Commission reflect that they were not unanimous in their recommendation that additional engineering would persuade them to approve the application. . McMillan asked if there are two variances to the bluff being requested. Gaffron indicated the applicants are requesting a bluff setback variance and a variance to encroach into the bluff impact zone with structure. The bluff impact zone is the first 20 feet back from the bluff and the applicant is proposing to be five feet into that zone. One of the impacts of the proposal is that a number of trees would need to be removed on the uphill side of the old driveway. 0 McMillan noted those trees would be removed with either proposal. Page 8 of 17