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before Staff was able to visit the site. Crews 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 construction/replacement 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) - No hardcover or <br />impervious surface shall be placed, located or constructed within 75 feet of the Ordinary <br />High tt’ater Level of any lake or tributary, except Jor 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 stairway. <br />Section 10.55, Subdivision 8 - No hardcover or structures are permitted within 75' of the <br />lakeshore. <br />3.A Conditional Use Permit is required per Municipal Code Section 10.56, Subdivision 19 to <br />replace the retaining wail. Conditional Use Permit review shall include landscaping plans <br />that screen and break up the unnatural appearance of such 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 Ivy will be planted that will grow on the retaining wall. <br />The intent, to provide a complete screening of the wall during the summer, leaf on <br />conditions. <br />4.In addition to approval of the variance/CUP the property ow ner 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 property 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 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 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 permined 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 measiu-ement would indicate 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 top of <br />•01*2689 ManUccp Sodhi <br />4080 Dahl Road <br />10/15/01 <br />Page 2 of 3 <br />n