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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 11, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 24 (6. #12-3582 COLSON CUSTOM HOMES ON BEHALF OF BWB HOLDINGS, LLC, 4731 NORTH SHORE DRIVE – VARIANCE – RESOLUTION – TABLED, Continued) Gaffron noted there are still slopes of 20 percent in the area where the house is located. If you were to try to meet the setback, the lot would be barely buildable. Exhibit B shows a 12-foot setback for the house and then a deck that is shown within a couple of feet from the top of bluff on posts. Gaffron stated he would caution the builder that they are close to the bluff and that they will have to have some good engineering and be knowledgeable about what they are doing. Struve stated he would also recommend that the applicant submit engineering to prove the stability of the slope. Levang asked if that bluff has failed previously. Gaffron stated approximately 20 plus years ago there was a failure on this property that was repaired with internal bracing and tiebacks. With the recent situation next door where there was a failure, the area had been walled years and years ago. There is no indication at this point what the condition is of that existing wall and at the moment it appears to be stable. Levang asked what accounts for the differences between the 2006 survey and the newest survey. Gaffron indicated it is simply two different surveyors doing two different versions of the topography. Gaffron stated Staff has to go by what is presented by the surveyors and that they are not aware of any changes made to the slope between the old survey and the newer one. Bremer stated the question is whether the Planning Commission should review this application again, but that the topography does not look that much different on the two surveys and that it comes down to the location of the bluff line. Gaffron stated the difference between the contours is half on one survey than on the other, which significantly changes the percent of slope. Bremer commented the angles at which they were done appear similar and that there could be a variation of nature that could have changed it. Gaffron noted the drainage on both surveys is basically the same. Rodney Colson, Colson Custom Homes, stated the aerial photograph does show the property and the bluff. The reason the bluff line has changed is due to the unimproved street from North Shore Drive down to the lake, which essentially has its own ravine or ditch running straight down to the water. The contour line dips up, the bluff line turns and goes through where the building pad is, and then follows a different line other than the water line. Colson stated to his understanding it is a15-foot unimproved street to the lake. Curtis indicated it might be 30 feet. Item #02 - CC Agenda - 02/25/2013 Approval of Council Minutes 02/11/2013 [Page 14 of 24]