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The lot is only 45’ wide which docs not require more than a few trees <br />to have full canopy cover on a property when the trees mature At <br />maluiit) the propo^ installation of 4 trees on and above the hillside <br />would creat-; the full canopy cover. <br />A permit was issued for the work completed above the top of bluff line. <br />Staff can issue permits for land alteration outside of the 75' setback. No <br />conditional use permit is required if the work outside of the 75' setback <br />and has less than 500 cubic yards of land alteration. I'he retaining walls <br />and land alteration that occurred above that line was permitted and the <br />property owner did receive a land alteration p«*rmit on July 31. 2001. <br />Based on the City of Orono's topographic maps tlie top of bluff line <br />would be measured at the 960' contour. That measurement would <br />indicate the putting green would only encroach about 3' into the 20' bluff <br />impact zone. The bluff impact zone is the 20' setback from the point at <br />which the lop of bluff is measured. Based on the survey data that was <br />completed by the Egan field & Nowak the top of bluff is measured at the <br />961’ contour. The City’s maps arc very accurate, however they arc <br />interpolated from aerial photography and con have some slight variations <br />to site elevations. <br />Based on the new survey data it has determined a variance is required for <br />the work above the bluff line. The City Engineer has reviewed the land <br />alteration and has determined the construction of the putting green and <br />wall have addressed the issues of drainage and ground cover to not <br />negatively impact the property or adjacent properties. <br />The City Council finds ih’t the conditions e.xisting on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variances and conditional use permit would not adversely atl'ect <br />traffic conditions, light, air nor pose a fire hazard or other danger to neighboring <br />property; would not merely serve as a convenience to the applicants, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicants; and would be in keeping <br />with the spirit and intent of the Zoning Code and Compr.hensivc Plan of the <br />City. <br />Page 3 of 7 <br />J