12-13-1999 Council Minutes - Laserfiche WebLink

Home Browse Search

ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 0 ( #7) #2540 BRADLEYHOYT, 2523 KELLYAVENUE -Continued and his client to present the City with information for a conclusive and accurate summary of the facts. Jabbour said he is obligated on behalf of the City and Mr. Hoyt to perform due diligence because the conditional use permit must be filed on the deed for the land. He said the City needs additional information to make a proper decision. Sheridan said he does not know what additional information the City needs. He said City staff has been to the property and seen the retaining wall. He feels that is better than a drawing. Jabbour said the person that the City asks to get a conditional use permit for three yards of sand on the shore would be extremely disturbed if the City doesn't know how many yards of dirt Mr. Hoyt put behind the retaining wall, if the City doesn't know how far he went into the lake or if the City doesn't know if he obtained the appropriate permits from the Watershed District or the Corps of Engineers or the DNR. All of that is part of the City's due diligence. He said the Council could table this item and give the applicant a list of the documents necessary for the Council to make a decision. Sheridan said he and his client do not agree with that. He said the City has a current survey and a survey from 1990 prior to when the house was built and based on comparing those two surveys, staff has concluded that the applicant put rip rap in the water. He said that is an erroneous conclusion. He does not believe that the retaining wall is a structure or hardcover • and there is a structural engineer present who will testify as to why he doesn't believe that either. Jabbour said they should figure out exactly what the Council needs to facilitate the application. Sheridan said if Jabbour is going to ask his client to concede that the retaining wall is hardcover, they will not do that. Barrett said Sheridan is correct, that if he wishes to make a legal argument that the retaining wall is not hardcover, he can make one and the City will make a legal argument that it is. He does not feel it is fruitful to make that debate since it is clear that the City's position is that it is hardcover. Jabbour said there is a substantial amount of information that the City needs. He suggested that the list be sent to the applicant in writing. Sheridan said it should be contemporaneous with the decision they are making and not after - the -fact. Jabbour said this is a fluid issue and other issues might arise. He said the Council is trying to bring this after- the -fact issue into compliance or find out if it is appropriate for the Council to Page 7