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FILE#LA19-000085 <br /> 18 Nov 19 <br /> Page 2 of 3 <br /> The requirement for the 10-foot setback from the Easement is detailed in the Development <br /> Agreement (Exhibit E) page 9, paragraph K. Page 2, paragraph 1 of The Lakeview of Orono <br /> Conservation Easement (Exhibit D) outlines the Prohibited and Permitted Uses. Regarding <br /> improvements,the following are specifically prohibited: <br /> • Constructing, installing, or maintaining anything, including buildings, structures, <br /> walkways,fences, retaining walls, fireplaces, clothes line poles, playground equipment, <br /> roads, hardcover of any kind, underground utility lines and distribution equipment, light <br /> poles, traffic signals, traffic regulatory signs, mailboxes;except: <br /> 1)Feeders, bird houses, and other devices intended to foster wildlife; <br /> 2)Docks or boardwalks when allowed by City ordinance and under a valid City permit; <br /> 3)Retaining walls when allowed by City ordinance and under a valid City permit;and <br /> 4)A private sewage treatment system <br /> Additionally, the following are specific prohibitions regarding vegetation or grading within the <br /> Easement area: <br /> • Cutting, mowing or removing shrubs or other vegetation, and cutting, destroying or <br /> removing trees greater than four inches in diameter, except for tree disease control by or <br /> as directed by a governmental agency and except by special permit for maintenance;as a <br /> part of an approved vegetation management plan; and, to maintain, repair and <br /> reconstruct any storm water ponds and facilities within the Easement Premises. Grantor <br /> may remove brush, diseased or dead trees of any size, buckthorn and noxious weeds. <br /> • Excavation or filling or material alteration of grade, including changes to the size, depth <br /> or contour of the wetland;dredging, mining or removal of earth, loam, peat, gravel, soil <br /> or any other natural material. <br /> Environmental sensitivity was an important discussion topic during the creation of the Lakeview <br /> of Orono development. The City Council requested conservation easement to protect the rural <br /> nature of the development. <br /> Staff is sensitive to the loss of the family home due to fire. However, this loss does not support <br /> the encroachment into the conservation easement and the reduction in its size. The conservation <br /> easement is intended to establish areas for the preservation of natural lands, these easements <br /> should be protected. <br /> Public Comments <br /> Public comments have been received; comments are attached as Exhibit L. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Commission find it appropriate to reduce the size of the conservation <br /> easement for the convenience of the applicants? <br /> 3. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Planning Staff recommends denial of the request to vacate the Easement area. The fencing and <br /> improvements should be moved to the permitted locations. <br />