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5 <br />L- <br />file •04-3026 <br />Ju-« 15.2004 <br />Pfgt 2 ef 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 />(I) Structure and on-site seuerage system setbacks fin feet) from ordinary high water <br />level <br />Public Witer Structure <br />ScMige <br />Treetment <br />Clissincation UnKMCred Sr*cred Sv$tcm <br />NE 150 150 150 <br />RO too :s T5 <br />CD 75 75 75 <br />Tribiitir>too T5 73 <br />(2) Additional structure setbacks The following additional structure setbacks apply. <br />SetC*c» frerr. i S«tb*ck ( .1 feet) 1 <br />Top of blaff 30 <br />Unplaned cemeier>SO <br />feaertl, tuic or counn <br />and local public <br />and pnvaie roadi ___ <br />(3) Bluff impact zones Struemres and accessorv’ 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 ov ner 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