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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ (#05-3143 Dan Hessburg, Continued) Within the 75-250 foot zone, there is 30.3 percent hardcover where 27.2 percent was permitted. Additionally, the applicant constructed a wooden fence along the northern side lot line. This fence meanders across the property line. City Code allows construction of privacy fences without a permit but the fence must be constructed on one property and may not cross onto another. The applicant altered the approved grading plan by conducting unpermitted grading, installing unpermitted boulder retaining walls, and installing an unpermitted underground drain-tile system. The City’s Engineer has reviewed the plans submitted by the applicant’s landscape contractor regarding the drain tile system and those comments are reflected in Exhibit C of the Staff memo. Planning Staff recommends the applicant be referred back to the Planning Commission for after-the-fact consideration and approval of the excess 380 square feet total site hardcover. McMillan inquired whether the 75-250 foot hardcover excess is the boulder walls. Curtis stated to her understanding the hardcover excess is a result of the boulder walls. White inquired whether the City Engineer has visited the site and reviewed the drainage. Kellogg stated he has visited the site and that the biggest concern is that the drainage plan does not match what was approved. Kellogg noted Exhibit C outlines his concerns and that the main concern is that the site would be able to accommodate a total rainfall depth of 0.8 inches. Kellogg stated an additional conveyance system, like the previously approved swales, will be necessary to convey the excess runoff from storms larger than 0.8 inches. White inquired how the fence got constructed on the neighbor’s property line. Hessburg stated he did not construct the fence and that his neighbor actually constructed the fence three feet into his property. Hessburg stated he did remove the fence thinking that it was his fence since it was on his property and that he did reimburse the neighbor for the materials after he found out that the fence was actually not his. Hessburg stated he was unaware that the City required a permit for the underground tiling system. Hessburg stated they realized after final grade had been achieved that they had a problem with water retention and that a four-inch drain tile system was installed for approximately 300 feet. According to his calculations, it would accommodate 20 percent hardcover. Hessburg noted 80 percent of the runoff goes into the drain tile system. Hessburg stated he did not realize he needed to obtain a conditional use permit for the staircase and that the boulder walls were constructed to help control the runoff into the lake. Hessburg stated the four interceptors on the gutter system should probably be screened to help ensure that the runoff goes into the drain tile system. Hessburg noted there have been some letters submitted from the neighbors, Mr. Okerstrom and Todd and Terri Haugan, indicating they do not have any problems with the work performed on the property. Hessburg stated he attempted to make his property safe and handle the runoff appropriately. PAGE 3 of 17 Item #02 - CC Agenda - 08/13/07 Approval of Council Minutes 07-23-07 [Page 3 of 17]