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excavating within 75’ of the OHWL of Lake Minnetonka where no grading, filling nor excavating is permitted). 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(l) & (2): Hardcover within 75’: Within 75’ of the shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures. (Request: to permit 524 s.f. (4.6%) hardcover in the 0-75’ setback zone where none is permitted). 3. Section 10.56, Subd. 3 (2 &3) and Section 10.56, Subd. 16 (CX 3): Bluff Impact Zone: The bluff impact zone is defined as the bluff and land located within 20’ of the top of a bluff. Structures and accessory facilities, except stairways, landings, and lock boxes, must not be placed within bluff impact zones. 4. Section 10.56, Subd. I6(J)(5)(h): Filling in bluff impact zones: Fill or excavated material must not be placed in bluff impact zones. (Request: placing fill in a bluff impact zone where no fill is permitted). History: In 1983, a variance was granted to allow construction of a 24’ x 32’ detached garage 9.6' from the street property line (zoning file U162\ resolution ^1509). In 1991, a variance was granted for an encroachment into the average lakeshore setback as a result of a major remodeling of the home (zoning file #1628; resolution #2951). Within this resolution, the existing deck within the 75’ setback from the OHWL was addressed. The resolution states as follows: “Applicants are hereby placed on notice that deck and access stair structure within the 75’ lakeshore protected area is nonconforming and subject to all pertinent standards of the Code. Any plans to make structural repairs to this structure will require approval of the City of Orono ’’. In 2002, variances to allow an addition onto the principal structure encroaching into the average lakeshore setback and for an addition onto the detached garage 9 ’ from the street property line were granted (zoning file #02-2742; resolution #4751). No mention was made of the nonconforming deck within 75’ of the OHWL in this application. Discussion: Grading. Filling & Excavating within 75’ of the OHWL 'fhe applicant is proposing to remove the existing stairs and approach to the stairway due to safety concerns. The existing stairs are rotting and in need of replacement. Due to the topogra^ liy of the land, it is necessary to have stairs on the property to access the lakeshore. The removal of the existing stairs and retaining walls will require filling and grading around the new stairs and walls. Since the work will be done within 75’ of the OHWL and more than 10 cubic yards of material will need to be moved, a variance is required. fhe applicant has stated that no more than 50 cubic yards of fill will be required to accomplish the proposed stairs and retaining walls. The public hearing notice for this application stated that a conditional use permit was required for movement of more than 500 cubic yards. However, since the notice was published, it has been clarified that no more than 50 cubic yards of fill will be H03-2894 Douglas and Roban Smith 5/14/2003 Page 2 of 4