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before Staff wus able to visit the site. Cre\^’s stated they did not lower the stairway into the hillside, <br />except some excavation was done below the steps to level the ground. <br />The Planning Commission last reviewed this application on August 20, 2001. The Commission <br />tabled the application citing recent grade changes above the slope that were not reflected on the plan. <br />The application before the Planning Commission requires discussion of the following issues: <br />Retaining wall constructioa/rcplacement within the 0»75* setback and vegetation removal on a bluff <br />and bluff impact zone. <br />1.Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) - A'o hardcover or <br />impervious surface shall be placed located or constructed within 75 feet of the Ordinary <br />High Hater Level of any lake or tributary, except for stairways, lifts, landings, and <br />lockboxes <br />0-75* Lot Area = 3,523 s.f <br />Hardcover = 296 s.f (8.4%) <br />To permit 86 s.f of hardcover for the retaining wall system replacement along the staii^vay. <br />Section 1 0.55. Subdiv ision 8 - \o hardcover or structures are permitted within 75' of the <br />lakeshore <br />A Conditional Use Permit is »equired per Municipal Code Section 10.56, Subdivision 19 to <br />replace the retaining wall. Conditional Use Permit review shall include landscaping plans <br />that screen and break up the unnatural appearance of «uch structures. The intent is to <br />maintain a natural appearance when viewed from the lake. The revised landscaping plan <br />includes the additional plantings and l\y will be planted that w ill grow on the retaining wall. <br />The intent, to provide a complete screening of the wall during the summer, leaf on <br />conditions. <br />In addition to approval of the variance/CUP the propert}- owner has requested approval of <br />a restoration plan for the vegetation removed from the bluff line. The revised landscaping <br />plan also includes existing trees. 1 maple tree has been removed from the original <br />landscaping plan. The properly owner has stated because the lot is only 45' wide the trees <br />will mature and be located too close to one another. <br />Note in the attached site plan, a pennit was issued for the v ork completed above the top of bluffime. <br />Staff can issue permits for land alteration outside of the 7:' setback. No conditional use permit is <br />required if the work outside of the 75* setback is less than 500 cubic yards. The retaining walls and <br />land alteration that occurred above that line was permineJ and the property owner did receive a land <br />alteration permit on July 31 ,2001. <br />5. Land Alteration Above the 75* setback <br />Based on the City of Orono ’s topographic maps the top of bluff line would be measured at the 960' <br />contour. That measurement would in^cate the putting green would only encroach about 3' into the <br />20* bluff impact zone. The bluff impact zone is the 20* setback from the point at which the lop of <br />■01-2619 MM4(«pSodhi <br />■OlODaMitiMd <br />lO/ISOI <br />P<tc2or3 i