12-13-1999 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #7) #2540 BRADLEY HOYT, 2523 KELLYAVENUE -Continued Jabbour said the state statutes give the City the right to have 60 days, so they are not asking for any concession. Sheridan asked why they are getting a request for additional information now instead of in response to the application that was made by his client. Jabbour said that if Mr. Sheridan reads his own correspondence, it shows that the variances needed are to expedite the application and make sure that it doesn't have to be readvertised. Staff did put the ad in the paper for the public hearing on a conditional use permit and a variance, hoping the applicant would present the information necessary to review the variances. Jabbour said that the applicant can continue or discontinue suing the city. The City will treat the applicant the same regardless of the lawsuit. Skolnick said he would like to believe the Mayor. Mr. Hoyt had offered to sign a document saying that if there is anything that needs to be done to fix this property, he would be responsible and post money to fix the problem. The City said they would not give him such a document and continued to threaten Mr. Hoyt with prosecution. Jabbour said he will get due process independent of the litigation. Skolnick said that hasn't been their experience. Jabbour said again that the majority of the Council are totally oblivious to 90 percent what Skolnick is referring to in litigation. Sansevere said he was completely unaware of the lawsuit until the Planning Commission meeting, and he is not aware of the particulars of the lawsuit. Barrett said the application process is independent. If Skolnick wants to put information into the application process that he has garnered from depositions, he may do so. Sheridan asked if Barrett is suggesting that the information provided as part of the application will not be forwarded to the City's counsel in regards to the lawsuit. Barrett said that if the counsel for the City wants it, they can have it because it is public information. Liz Hawn said she would like to clarify the Planning Commission's position. She said they were only dealing with the conditional use permit. As a practical matter, particularly because there was reference to storm damage which compelled the building of the retaining wall that had accelerated the erosion of the slope, they needed a reason to grant a conditional use permit because, generally, such retaining wall structures are not permitted in the 0 -75' Page 12