02-23-1998 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 • (94 - #2290 Elaine and Steve Silus - Continued) Gappa reported that the application for conditional use permit is for grading within 5' of the property line for placement of a retaining wall 2' from the property line. Photographs taken during construction were distributed. Vehicles would have a 23' approach to the side loading garage at the 5' setback; 26' would be available if the retaining wall was allowed. Gappa reviewed the background of the application. A variance were granted in March, 1997 for lot width. The approved plans showed the driveway within 2' of the property line but with no grading being required or retaining wall. Gappa indicated that the City's topographical maps were used in producing the elevation drawings instead of a survey. A plan including a boulder retaining wall was later approved by the building official. This plan was not checked against the original approved plan, and the building official was not informed of the change in the plans. Work began and, during the footing inspection, the building inspector noted the 5' elevation change between the ground and garage. The garage was subsequently lowered 2' by the contractor. The contractor was informed that retaining walls must be 5' from any property line. In September, the Planning Commission reviewed the application for conditional use permit for the retaining wall. The Commission asked that the boulder wail be changed to a modular block wall and recommended the wall be moved from T to 5' from the • property line. The application was tabled at the November meeting for further review. The Commission unanimously recommended denial of the CUP in January indicating that other design options were available to the applicant and the wall would have an adverse effect on the neighboring property. The draft resolution was prepared based on this recommendation. Gappa reviewed the standards, #1 through 3 in the packet, for a conditional use permit. The denial resolution is based on the adverse impact to the neighbor and non - conformity with zoning code. Steve Silus said the builder indicated he was not notified that the retaining wall had to be 5' from the property line. Silus noted that this information is secondhand as he was not involved in the conversation. Silus said the builder did admit that he was unaware of the ordinance. Silus, in noting his attempt to be honest, presented options available. He questioned why there were no complaints heard during the time period from October, 1996, to June, 1997. He referenced his letter sent to the City included in the packet. Silus said the retaining wall is 24 -26" high at the garage and 32" at its highest. Silus said he is willing to remove the wail but indicated his only other option would be to maintain the driveway to the property line. He would like to satisfy the Council and neighbors, the Spilseth's, and allow either option. 0