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12-10-1984 Council Minutes
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12-10-1984 Council Minutes
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.MINU7'ES OI' 7'lll; IlI:GULI�I: OI202�0 COUNCII. N,I:I:'1'1NG IiE1.D DliCEMI�I�:I: 10 , 19f34 P11G1; 13 <br /> 4 . An adequate house for this lot could have been <br /> constructed, meeting the 4 , 595 sf of allowed <br /> hardcover in the 75-250 ' zone. <br /> 5 . That the additional hardcover is not necessary to <br /> maintain a substantial property right. <br /> 6 . This problem of hardcover was brought on by the <br /> applicant. <br /> Motion, Ayes ( 4 ) , Nays ( 0 ) . Grabek noted that it is the <br /> responsibility of the builder to ask the right <br /> questions and get the correct information regarding <br /> zoning and building codes before building. <br /> #854 G. ROBERT JOHNSON <br /> 1981 FAGERNESS POINT ROAD <br /> CONDITIONAL USE PERMIT <br /> RESOLUTION #1713 G. Robert Johnson was present. City Attorney Radio <br /> stepped down from his City Attorney position because of <br /> a conflict of interest wherein Robert Johnson and Tom <br /> Radic are employed by the same firm, Popham, Haik & <br /> Associates. Gary Larson, attorney, was hired by the <br /> City to represent the City of Orono for this <br /> application. <br /> Assistant Zoning Administrator Gaffron explained that <br /> this is an after the fact application wherein the <br /> applicant constructed retaining walls , planters, and <br /> steps within the 0-75 ' lakeshore setback zone. <br /> Gaffron stated that the apparent clearing of trees <br /> within the 0-75 ' setback zone were done by the previous <br /> owner per the previous owner ' s letter. Gaffron noted <br /> that Johnson had thought that the contractor had taken <br /> all the permits needed. Gaffron stated that one <br /> solution to the hardcover is to use a pitchfork to <br /> pierce the plastic beneath the rocks . <br /> Councilmember Grabek asked staff if the City would have <br /> granted Johnson the permit if he had come into the <br /> offices before he commenced work. <br /> Assistant Zoning Administrator Gaffron replied that <br /> Johnson would have had to apply for a variance for <br /> hardcover. Gaffron stated that upon staff investi- <br /> gation the steps were existing and that Johnson only <br /> replaced the steps. Gaffron noted that there isn' t an <br /> increase in hardcover because of the added retention <br /> capacity of the planters. Gaffron did note that the <br /> Public Works Coordinator recommends the retaining <br /> walls be moved out of the right of way. <br />
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