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