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Date of Complete Application: Application Deadline: 7/I9/0I 11/17/01 TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Zoning Administrator/Planner October 10.2001 //OI-2689 Mandcep Sodhi 4080 Dahl Road Aftcr-the-Fact Variances and Conditional Use Permit Lakeshore Vegetation Restoration Plan Review List of Eiibits A Revised Landscaping Plan B Properly Survey/Bluff Determination C August 15, 2001 Staff Report Review of Application In late Spring the City of Orono was made aware of vegetation removal and replacement of a stairway and retaining wall on the lakeshore side of the propert)'. The property owner had purchased the property the previous year and hired a contractor to replace the stairway and retaining walls on the hillside and to remove the vegetation. The applicant had stated the vegetation removal was done primarily to remove poison ivy. It was also determined at least two large and several small trees were removed. The Shoreland Ordinance does not permit ‘intensive Vegetation Removal ” within 75 ’ of the shoreline, on steep slopes or within the bluff impact zone. What would be allowed is limited clearing of shrubs and trees less than 6 inches in diameter and cutting, pruning and trimming of trees of any size to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stainvays and landings, picnic areas, access paths, beach and w aercraft access areas, and permitted lock boxes, provided that the screening of structures as viewed from the water is not substantially reduced (assuming summer leaf-on conditions). Any vegetation removal of trees that are w ithin 75 ’ of the lakeshore or in a bluff impact zone require a permit from the City. One large tree that was removed from the property was hollowed out and likely would have qualified to receive a permit. A condition of permit approval may have been the property owners plant new vegetation in its place. The City did issue a building peimit to allow the property owner to complete the stairway and retaining wall replacement, w ith a condition the property owner apply for an after-the-fact variance and conditional use permit to permit the retaining w all replacement within 75 ’ of the lakeshore. It is not clear how much excavation was done to lower the stairway since the grading was completed «0l-3689MaiMkep So^i 4080 Dahl RiMd 10/15/01 Pa^’C I of 3