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7 � <br /> . MINUTES OF THE <br /> ORONO PLANNING CONIlVIISSION MEETING O o <br /> Monda June 18 2012 � <br /> Y> > � <br /> 6:30 o'clock p.m. �/,� <br /> � } <br /> /` V <br /> Levang stated the issue is that the property owner had been notified of the problem and never rectified it. � <br /> If the application is tabled,then there is no accountability for what was done. <br /> Gaffron stated if the Planning Commission is looking for accountability,it is likely the City Attorney <br /> would tell�us that given the potential for the ordinance to be changed, it would be difficult to pursue this. • <br /> Curtis noted the application before the Planning Commission is under the existing codes,and if the <br /> Planning Commission wishes to wait and act under the new ordinance,that would be the Planning <br /> Commission's choice. <br /> Levang noted there is a sheet that specifies the ground cover and asked whether that has been verified. <br /> Gaffron indicated the City does not know for sure whether that fabric was used and how much of it was <br /> used. <br /> Rick Carlson,Attorney-at-Law, stated he is here tonight representing Mr. Schumer and that he has <br /> }`'" known Mr. Schumer since 1975. Carlson sta.ted Mr. Schumer is stuck between a rock and a hard place. <br /> What happened in this case is laid out in the hazdship letter. The last page of Mr. Schumer's hardship <br /> letters conta.ins an explanation of what happened here. Basically Mr. Schiimer was taken advantage of by <br /> who he thought was a reputable contractor. He was told by the contractor that everything he was doing <br /> was in compliance and Mr. Schumer did not find out about it until after the fact. <br /> Carlson stated when this situation was recently brought to his attention,he tried to unravel what <br /> happened. Mr. Schumer did not know about the work being in violation until after the work was done. <br /> Once he became aware of the noncompliant work,he then attempted to track down the contractor but both <br /> the contractor and the landscaper are no longer in business. <br /> Carlson indicated before they could take any action against the contractor,their first step was to <br /> determine whether the work was performed without a permit. Carlson indicated that is his assumption <br /> since the staff at Orono has told us there is no permit. Following notification from the CiTy, after a period <br /> of time Mr. Schumer started dealing with City personnel and got an engineer involved. Mr. Schumer <br /> retained a second landscaper to come up with a plan to try and bring it into conformance. As they got into <br /> the project,they heard rumors about the hardcover changes that are being contemplated by the City. Mr. <br /> Schumer once again is between a rock and a hard place since it is difficult to spend thousands of dollars <br /> rectifying something that may in a few months be made legal. <br /> Carlson indicated it was not like Mr. Schumer intentionally did any of this. While the impression may be <br /> that of a deliberate delay on the part of the applicant,that is not what actually happened. Mr. Schumer <br /> wanted to be compliant and have a nice back yard at the time the work was being done and was under the <br /> impression that the work was allowed. When he found out it wasn't,he did not act as quickly as the City <br /> wanted him to but he was not trying to skirt the system. Carlson commented sometimes people get taken <br /> advantage of in life and that there is no reason to suspect that this was an intentional act on his part. <br /> Carlson stated perhaps the best solution to this is to table this until after the City Council has had an <br /> opportunity to either approve or deny the new hardcover ordinance. <br /> Russell Schumer,Applicant, stated he was unsure what to do once he found out about the lack of a <br /> permit,which is part of the reason for the delay. Schumer indicated he attempted to contact the <br /> Page <br /> 21 <br />