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MINUTES OF THE <br /> ORONO PLANNING COMNIISSION MEETING <br /> Monday,May 21,2012 <br /> 6:30 o'clock p.m. <br /> Landgraver asked whether there have been any follow-up discussions with Bolton&Menk following <br /> receipt of their letter. <br /> Gaffron noted the letter was received by him sometime last week or a little earlier. Gaffron indicated he <br /> had a discussion beforehand about the City's philosophy and how that should be balanced against this <br /> request. Gaffron stated there are a number of reasons why the Planning Commission has to differentiate <br /> this case from another case that might come along in the future. Gaffron indicated there is always a risk <br /> when working in a bluff area that more trees are removed than what would be desired and that it has been <br /> the City's position that they avoid construction in the bluff area. <br /> Landgraver stated he has a concern when the DNR says do not build within the bluff area and then there <br /> are two engineers that are saying it is okay to go up to the roadway. <br /> Schoenzeit asked how the applicant will provide the City comfort that he will have a competent contractor <br /> do this project. <br /> Stavig indicated he is willing to abide by the City's restrictions and inspection requirements. <br /> Schoenzeit commented this is a risky project and that it is a difficult lot to construct on given the <br /> substantial engineering that will be required. Schoenzeit noted if a bulldozer is parked in the wrong spot <br /> and there is a 10-inch rain,the bulldozer will end up in the lake. <br /> Stavig stated if you view the property, it is a relatively flat area and that the engineering report goes <br /> through how to remove the trees and addresses the other issues that were raised. <br /> Schoenzeit commented the reports are compelling and that in some ways the applicant is asking the City <br /> to allow him to take the risk. <br /> Stavig stated he does not see it as being that treacherous of a project and that he would be happy to supply <br /> photos of the site. Stavig indicated he is willing to comply with the City's stipulations and that he has <br /> attempted to address the City's concerns regarding stability. <br /> Landgraver sta.ted the main concern is that if the slope or bluff goes, it is gone forever. <br /> Levang asked if Bolton and Menk visited the site. <br /> Gaffron indicated he is not sure whether they have personally visited the site. <br /> Levang stated the way she reads their report is that they typically do not take into consideration other <br /> outside engineering reports and that they are not willing to guarantee the stability of the slope. <br /> Schoenzeit stated the homeowner is the one who would be accepting the risk. From a precedent <br /> standpoint,the engineering reports that have been submitted are what separate this application from other <br /> applications. <br /> Leskinen commented she is concerned about the precedent as well since this is new construction on the <br /> Page <br /> 10 <br />