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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 21 (7. #12-3582 - COLSON CUSTOM HOMES ON BEHALF OF BWB HOLDINGS, LLC, 4731 NORTH SHORE DRIVE – RESOLUTION NO. 6206, Continued) 1. The proposed home to be allowed at a 12-foot setback from the top of bluff; 2. The proposed patio to be allowed to encroach 10 feet into the 30-foot bluff setback but must be oriented so as not to encroach into the 20-foot bluff impact zone; and 3. The proposed elevated deck to be allowed two feet from the top of bluff and will be constructed with helical screws or another less invasive method. Planning Staff has reviewed the revised plans and recommends approval of the variances as requested consistent with the February survey and revised house plans showing the reoriented deck. It should be noted the proposed home location will result in minor grading within the bluff and bluff impact zone to accommodate drainage. Staff recommends approval of the application, and the City Council should consider adopting or amending the attached draft resolution approving the variances as requested. Levang asked if there is going to be some assessment of the vegetation on the bluff and a plan to make sure that there is correct vegetation there. Curtis noted Page 4, Item No. 3, has been added since the DNR review and will require the developer to provide an analysis of the vegetative stability of the bluff performed by a qualified third party and to agree to comply with recommended bluff stabilization measures as necessary prior to the issuance of the certificate of occupancy. McMillan stated she would recommend the bluff stabilization measures be done as a condition of the building permit and that she has a concern about the vegetation being destroyed during the building process. McMillan stated in her view the whole process should be done earlier. Curtis asked if the building permit should be delayed until the growing season. McMillan stated she wants to make sure the analysis is done prior to the construction beginning. Curtis noted a complete analysis cannot be done during the winter season. McMillan stated she was looking to identify trees and shrubs. Gaffron stated Staff is primarily worried about grass cover and that the existing trees and shrubs are not as crucial for the erosion potential. Staff is more concerned about grass cover and what can be established versus trees or shrubs. Gaffron indicated he is not sure how a reasonable analysis can be done at this time until the growing season starts. McMillan commented it will be hard to grow grass on the bluff and questioned whether that is something that should be done. Gaffron indicated they do want to see grass growing on the bluff rather than bare ground. Gaffron stated due to the time of year, it is impossible to determine what is there and analyze what is growing on the surface. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 12 of 21]