06-24-1985 Council Minutes - Laserfiche WebLink

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MINUTES OF TE3E REGUI.AR ORONO COUNCIL MEETING HELD JUNE 24 , 1985 _ PAGE 12 ORDINANCE INTERPRETATION (CONT. ) City Attorney Radio noted that a public hearing would still have to be held. Radio felt that staff should identify those type of cases that staff feels would be appropriate within staff ' s skill level and bring back to Council for their review. Radio noted that a code change would probably be necessary. Councilmember Frahm suggested calling it something else � rather than a variance but still get a resolution filed in the chain of title. City Attorney Radio suggested calling this type of action a cocie interpretation or staff interpretation. John Purdy asked Council what he should do. Council advised Purdy that he should apply for a variance or wait for Council' s decision regarding the discussion held tonight and for Council' s performance standards set up for staff ' s interpretation. Councilmember L. Adams stated that the resolution could be called "Council affirmation of staff ' s decision" and be piaced on Council agenda. Adams felt that staff should have additional authority. Adams explained that the Planning Commission is confused about the changes in hardcover made by the Council and the Planning Commission needs and desires clarif ication of the hardcover. Adams noted two items that they were confused on which was landscaping with rock with plastic underneath with holes poked in it which Planning Commission tends to interpret as non-hardcover. Adams noted they also were confused with decking less than 18" from the ground with sand base (considered non-hardcover) , within the 0-75 ' mark in which the Planning Commission interpreted as hardcover in which the Council has interepreted as non-hardcover. Adams stated which way the water breaks does nct make a difference to him in calculating the hardcover. Adams also asked about swimming pools if they are considered hardcover. Adams noted that the FWBI should respond to the fertilizer and whether it is damaging to the lake. Councilmember Grabek asked staff to check with the FWBI to get answers on the affect of various hardcover techniaues to the lakeshore. Grabekfelt the FWBI should address plastic under decking or decking with a sand base, fertilizer for lawns, ground water supply, and the many other issues discussed tonight. Grabek suggested inviting Dr. Hanson to the Council to give answers to these questions . City Administrator Bernhardson noted the Spence letter and asked Council whether to ask the applicant to come in for a \ ! variance to replace a non-conforming shed on the existing foundation. Bernhardson noted that Spence ' s argument was