10-11-1999 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11, 1999 ( #S) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD -VARIANCES AND CONDITIONAL USE PERMIT - Continued Barrett recommended that the Council think of the restoration plan as not being linked to the conditional use permit or the variance, consider what they would want to see as an appropriate restoration plan and if the applicant will not agree to it and record it against the land, that is predicate for litigation. Kelley asked if the Council can move the trees on the plan if they don't feel the plan is appropriate. Barrett said yes, he thinks the restoration plan is an independent piece. Kelley asked if the Council members would like to move the two maple trees back to the center of the property. Sansevere asked Nygard where the trees by the lake were supposed to be located. Nygard said the plan being shown is not what the Planning Commission reviewed. He said the plan they reviewed had a few trees in the middle and the Planning Commission wanted to see more trees and less shrubs. He does not believe the applicants followed the direction of the Planning Commission. • Kelley said the trees should be moved to the top of the bluff, not down by the lake. Sansevere said he would like the new trees planted as close as possible to the stumps of the trees that were removed. He thinks the Council needs to send a message to everyone that they can't cut their trees down to get the view and then replace the trees on the side. Peterson said there is a problem with the definition of the bluff. Flint explained to Gaffron that the Council was addressing the question of where the bluff starts and whether the Council has any power to deal with the area near the house. Gaffron said the total removal of trees is not allowed in a bluff. The bluff includes the bluff impact zone which is the area up to the top of the bluff and the next 20 feet. The top of the bluff is the point at which the slope changes from 18 percent or more to 18 percent or less. Sansevere asked if the three trees near the house are in an area that the Council has authority over. Kelley said Weinberger has defined the top of the bluff at the 954 contour. • Gaffron said, in his opinion, the whole feature is the bluff and if they have clear cut on the bluff, those trees would have to be replaced. Page 15