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4. Section 10.56, Subd. 16(J)(2): Topographic Alteration/Grading and Filling: Grading, filling or excavating of more than 10 cubic yards is prohibited within 75' of the Ordinary High Water Level of the public waters enumerated in Section 7 of this section. Grading, filling, or excavating of 10 cubic yards or less shall require City staff review and permit and be subject to other pertinent sections of the Zoning Code. Application Summary: The applicant is requesting variances to tear down an existing residence and build a new residence further back on the same lot. Also, the applicant is applying for a conditional use permit to permit grading within 75' of the lakeshore. The scope of the project involves moving the new residence back out of the 0-75 ’ setback area and to be more in alignment with adjacent properties. The conditional use permit is to remove a ‘'bulge" in the topography to bring the lakeside of the lot more natural in flow with adjacent properties. Staff/Applicant Discussions: Plan #1: The process began in April of 1999 when the applicant brought in the first set of house plans. From the onset, the applicant wished to conform with zoning codes as best as possible. The first set of plans had many difficult issues dealing with the lot, elevations, setbacks, and hardcover coverage. The applicant decided to take the plans and redesign them. Plan U2: In October of 1999, the applicant came forward with a second set of house plans. This set of house plans needed three variances (lot coverage, side yard setback and hardcover in 75-250' setback area) and a CUP was needed. The applicant decided they could make some changes to conform better with Orono ’s zoning code. Plan #3: In January' of 2000, the applicant came forward with a third set of house plans. This third set is the latest set of plans. The redesign eliminated the side yard setback, however. lot coverage, and hardcover coverage variances in the 0-75' and 75-250’ setback areas and a CUP are still needed. The “bulge” occurred in 1975 when the owner of 1270 Spruce Place was issued a permit to raise the house and build a basement under the existing residence. The owners apparently w'ere not asked to regrade or replace any of the dirt removed, i.e. they were by default allowed to turn their lot into a “walkout ” lot. Since then, the City has denied a number of requests for similar grading to create walkout situations when they involved excavating in the 0-75' zone. Attached as F.xhibit F is a memo from 1975 discussing the situation. No*e: During the summer of 1999 while out on inspections for the neighboring property, Orono ’s building official was asked his opinion on what should and could be done to eliminate the “bulge.” He advised that one way to correct the ‘‘bad grading” would be to remove the trees and level it out to flow more with the other properties. However, this would be inconsistent with the zoning code viewpoint on the matter and with the policies of the Comprehensive Plan. U2-4H6 Elamc Erickson /2/0 Spruce Place yariance'ConJiiional Use Permit 2^4/00 Page 2