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i, <br />Dale Application Received: 4-21*04 <br />Date Application Considered as Complete: 6-9-04 <br />60-Day Review Period Expires: 8-8-04 extended to 10-7-04 <br />••cctinG <br />SEP 1 5 2004 <br />CITY OF ORONO <br />REQUEST FOR COUNCIL ACTION <br />Date: September 9.2004 <br />Item No.: ^3 <br />Department Approval: <br />Name: Janice GundlachJ^ <br />Title: Cit> Planner <br />Administrator Approval:Agenda Section: <br />Zoning <br />item Description: #04-3010, Theodore L. Capra, 3534 Ivy Place - Variance - CUP <br />Zoning District: <br />Lot Area: <br />Lot Width: <br />LR - IC, One Family Lakeshore Residential District ('/i acre minimum) <br />0.50 acres (21,926 s.f.) <br />104 feet ((h shoreline; 101 feet @ 75' setback <br />List of Exhibits <br />A - PC Action Notice dated 8-17-04 <br />B - PC Memo & Exhibits of 8-12-04 <br />C - PC Action Notice dated 6-22-04 <br />D - PC Memo & Exhibits of 6-17-04 <br />Application Summary: Applicant requests the following in order to construct a new <br />residence on an existing lot; <br />1 Hardcover variance to permit 32.86% hardcover within the 75’-250* zone where <br />25% is normally allowed and 49% currently exists. <br />2. Conditional use permit to allow land alterations within the 0-75’ zone. <br />Staff Recommendation: The lot is confonning with respect to width an area. Staff <br />recommends denial of the hardcover variance as the project is a rebuild and should be <br />held to the 25% hardcover limitation and no valid hardship has been demonstrated. Staff <br />also recommends denial of the conditional use permit to allow grading within 75' of the <br />lake. The slope at the lake is minor and not in need of any restoration. F-xisting <br />vegetation is well established and sufTicient to protect the slope. <br />Planning Commission Recommendation <br />The Planning Commission has heard from this applica*it on two occasions. Both requests were for a <br />hardcover variance and a conditional use permit for land alterations w itl in 75' of the lake. At the <br />June 21 “ meeting the applicant requested 33% hardcover within in the 75'-250’ zone and a land <br />alteration CUP. The Planning Commission tabled both the hardcover and CUP request and directed <br />the applicant to reduce hardcover and work with staff and the Cit\’ Engineer for the lake yard <br />restoration.