10-11-1999 Council Minutes - Laserfiche WebLink

Home Browse Search

ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11, 1999 ( #S) #2492 RICK AND GAIL L UZAICH, 2490 OLD BEACH ROAD -VARIANCES AND CONDITIONAL USE PERMIT- Continued Weinberger said the top of the bluff deals with the rise in the elevation over a certain period. He believes the section of the ordinance dealing with tree removal refers to steep slopes and doesn't necessarily refer to a bluff. Flint said he feels Dr. Bedker's plan was an effort to work it out with the property owner with a little give and take on everybody's part. Now, the City is in a situation with a non- cooperative property owner who will not even show up at the meetings. He believes another approach would be to turn the entire application down until there is an adequate restoration plan. Sansevere said that the one time the applicants were at a meeting, it was made clear that the Council would like to see them address the fact that so many trees were removed from the center and it doesn't seem like there is any movement on their part to do that. Flint said he doesn't believe they ignored it completely. Sansevere said they moved two trees, but not to the center to replace the ones that were cut down. Barrett said the question is the extent to which the Council can predicate a decision on a • variance application or conditional use permit application on the restoration plan. He said the variance application really has to do with hardship and what is done in similar circumstances. The conditional use permit for the grading is the same issue. Ordinarily, the Council looks at conditional use permit applications and grants them or not depending on whether they meet the written required conditions. He does not believe there is any immediate link between those applications and the restoration plan. Sansevere said he does not have a problem with the walkway or the retaining wall. Jay Nygard said he believes they are linked in several ways. He said the biggest tree they removed may or may not be in the bluff area, but it had the largest root structure and it was maintaining the most erosion control. He said that when the applicants presented the proposal to the Planning Commission, they passed it so the applicants could get the plantings completed this year and reclaim the land. He believes that the plan the Planning Commission reviewed had several trees planted down by the lake in the center of the lot. He said the present plan is contrary to what the Planning Commission looked at. Kelley said he is concerned that the land will be sold and the City will have no recourse. Peterson said she believes there will be a problem with the perception within the community if the trees in the center are not replaced. • Page 14