07-28-2003 Council Packet - Laserfiche WebLink

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4. a) The applicant constructed I '-2' high retaining walls and a stairw'ay on the street side of the road without obtaining the required building permits. Only the stairway at a 4' width would likely have been granted a permit had one been applied for. b) The creation of a flat area above the walls for potential storage of trailers or other property within 75' of the lakeshore is not necessary to preserve any inherent property rights of the owner, and no suitable hardship supporting or justifying the walls has been presented by the applicant. Furthermore, Orono’s 2000-2020 Community Management Plan (CMP) Part 3A, the Environmental Protection Plan, in Urban Area Policies for Natural Resource Management, Policy 2, states that “Retainf'^g walls will be discouraged except when absolutely necessary to prevent erosion, in which case they will be screened with natural vegetation." c) The retaining walls are constructed on a slope of 1:6 or 17% over a distance ofl 0-1 S', and Planning Commission concludes that the walls are not necessary to prcser\ e the slope. d) The Planning Commission findsthattheslopeofapplicant’syardonthehouse side of the street has a steep bank near the street lot line which does ^pear require stabilization to prevent erosion, and a retaining wall at that location would be appropriate and would be supported by hardship to the land, subject to adequate screening to minimize the visual impacts of tliat wall, and subject to construction of the wall outside the right-of-way of Fagemess Point Road. e) Applicant should be required to restore the grade on the lake side of the road and revegetate that area. Applicant should obtain a building permit for the maximum 4' wide stainvay that would be allowed on the lake side of the road. Applicant must provide adequate plans and obtain the appropriate building permits for construction of the stairs, as well as for the w'alls on the house side of the road.. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6