02-14-2000 Council Packet - Laserfiche WebLink

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Subdivision 2 (Regulations for the Lakeshore Residential Districts), 2) Section 10.55, Subdivision 8 (Flood Plain and Wetland Management) and 3) Section 10.56, Subdivision 16 (L) do not permit hardcover within the 75' setback zone. If the applicant wants to proceed with the request they must make an application for variances, and it is Staffs position additional land alteration occurred on the property simultaneously with construction of the retaining walls. Any land alteration would require additional permits. Based on the topography of the land it appears some regrading occurred within 75 feet of the lakeshore to support the boulder wall. Staff has requested additional information from the applicant to demonstrate the requirement of a retaining wall. We do not know the condition of the property prior to the construction period of the wall. Without this information it is difficult to demonstrate a hardship for the granting of variances. It is Staff s position the property should be restored to the condition prior to any land alteration and construction of the retaining wall in 1998. Staff is again requesting the applicant provide the following information: 1. Variance applications for hardcover within the 75’ lakeshore setback. 2. Information regarding the property conditions prior to construction of the wall. This information should include plans submitted to the contractor, photos and site survey. J.Information relating to the contractor and plans the contractor used for the project. All the above information is required for a detailed review of a variance application. Application Summary' Mr. Hoyt filed an application for an after-the-fact conditional use permit. The application is a result of a request made by the City of Orono to bring the property into conformance. The need for the CUP results from lakeshore land alteration and construction of a retaining wall. Staff indicated to the applicant that the property must be restored if permits are not granted. Consequently, the applicant has applied for a CUP for the retaining wall. As indicated above, because the retaining wall involves hardcover in the lakeshore setback area, the approvals necessary tor the retaining wall include variances as well as a CUP. It is the City’s position the boulder wall constructed on the lakeside of the property is hardcover . Section 10.02 Definition 69 defines Structure as "Anything, or part thereof, which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below, or above the ground, land, or water, or attached to something having a location on the ground, land, or water." Section 10.03 Definition 29 defines Harikover as "Any structure, blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground." COUNCIL ACTION REQUESTED: VIotion to direct staff to draft a resolution to be adopted by the City Council at the ne.xt available meeting.