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r , i <br />#03-2906 <br />June 12,2003 <br />Page 2 <br />Comprehensive Plan Excerpt: <br />Orono 2000-2020 CMP, Section 3A - Environmental Protection Plan: <br />Urban Area Policies for Natural Resource Management <br />‘2.Retention of natural vegetation will limit the impact of urbanization as visible <br />from the lake. Building heights will be limited to less than the typical tree height. <br />Minimum green belts will be provided with prohibitions against clearcutting or <br />excessive thinning of vegetation. Natural vegetation will be preserved on slopes. <br />Retaining walls will be discouraged (emphasis added) except when absolutely <br />necessary to prevent erosion, in which case they will be screened with natural <br />vegetation.” <br />List of Exhibits <br />A - Application <br />B - Hardship Statement <br />C - Survey and Proposed Wall Plan <br />D - Hardcover Calculation Submitted <br />E - Photos <br />F - Letter to Applicant 4-15-03 <br />G - Staff Memo 8-5-91 <br />H - Resolution No. 3001 <br />1 - Property Owners List <br />J - Plat Map <br />Background <br />The current owner was granted a variance in 1991 to construct a new home on the property to replace <br />an old cabin. That approval required that a cribbed sand volleyball court underlain by plastic <br />sheeting on the lake side of the road be made non-hardcover. The sand area was eventually removed <br />but the cribbing remained in place for a time. This spring applicant was found to be constructing <br />new retaining walls in the 0-75' zone between the road and the lake, and the job was stopped by the <br />building inspector (see letter oi'4-15-03). <br />Applicant indicated he intended to make the access to the dock safer by adding a stairway. This area <br />where walls are proposed had a slope of approximately 1:6 or 17% for a 10-15* distance, easily <br />maintainable and not requiring retaining walls for support. This area was not hardcover in 1991 and <br />has never been approved for hardcover. Parking boats or vehicles on it will create hardcover by <br />default (per City policy, areas that are driven or parked on are considered hardcover even if not <br />paved). <br />It is staffs conclusion that applicant is attempting to create a new flat storage or parking area in the <br />0-75' zone, as evident from the current storage of a boat trailer noted on 6-11-03. Staff has also <br />advised applicant about apparent illegal boat slip rental at the site, as 2 of 3 boats stored at his dock <br />are not registered to this property. Note that the plans for the walls are essentially non-existent - 3 <br />pencilled lines on the survey... <br />Applicant was advised the walls would likely not be approved absent a hardship. Applicant chose <br />to make the after-the-fact application and pay the after-the-fact fee.