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FILE M4-3026 <br />June IS. 2004 <br />Page 2 of S <br />becomes more than 18 percent and above which the average slope for a distance of 50 <br />feet or more is 18 percent or less. <br />Sec. 78-1279. Placement of structures on lots. <br />(1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water <br />level: <br />Setbacks <br />Public Water Structure <br />Sewage <br />Treatment <br />Classification Unsewered Sewered System <br />NE 150 150 150 <br />RD 100 75 75 <br />GD 75 75 75 <br />Tributary 100 75 75 <br />(2) Additional structure setbacks. The following additional structure setbacks apply, <br />Setback from:Setback (in feet) <br />Top of bluff 30 <br />Unplatted cemetery 50 <br />Right-of-way line of <br />federal, state or county <br />highway and local public <br />and private roads <br />30* <br />(3) Bluff impact zones. Structures and accessory facilities, except stairways, landings <br />and lock boxes, must not be placed within bluff impact zones. <br />Sec. 78-1288. Hard cover limitations. <br />(a) No hard cover or impervious surface shall be placed, located or <br />constructed within 75 feet of the ordinary high water level of any lake or tributary, except <br />for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. <br />List of Exhibits <br />A. Application <br />B. Hardship Documentation Form <br />C. Existing & Proposed Survey/Site Plan <br />D. Survey and Resolution 3191 from 1992 approval <br />E. Proposed Plans and Elevations <br />F. Submitted Hardcover Calculations <br />G. Property Owners List <br />H. Plat Map <br />I. Photos <br />Background <br />David Pomije is the property owner of 801 Tonkawa Road in Orono. In October of 1992, <br />a previous owner received hardcover and lake setback variances in order to construct a <br />kitchen addition with a second-story. At that time the hardcover level approved within <br />the 0-75’ setback was limited to 11.2%. The applicants were required to remove equal <br />\