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Pertinent Ordinances <br />1.Section 10.22, Subdivision 3 and Section 10.56, Subdivision 16 (I) (1): Tree Removal <br />Regulations: No live tree within 75 feet of the shoreline with a diameter of six inches or <br />more shall be removed without first obtaining a permit from the City. Such permits shall be <br />issued by the City staff provided that at least a like number of replacement trees of a size and <br />naUire found acceptable to the staff are planted, any question involving the number of trees <br />to be replaced will require approval. <br />2.Section 10.56, Subdivision 16 (I) (2): Intensive Vegetation Clearing: Intensive vegetation <br />clearing within 75 feet of the shoreline and on steep slopes within the Shoreland Overlay <br />District is prohibited. Limited clearing of shrubs and trees less than 6 inches in diameter and <br />cutting, pruning and trimming of trees of any size is allowed to provide a view to the water <br />from the principal dwelling site and to accommodate the placement of permitted stairways <br />and landings, picnic areas, access paths, beach and watercraft acces.' areas, and permitted <br />lock boxes, provided that the screening of structures, vehicles or other facilities as viewed <br />from the water, assuming summer, leaf-on conditions, is not substantially reduced. <br />Issues for Discussion <br />1.The vegetation proposed is consistent with the types that were removed without obtaining <br />a permit and are compatible with the vegetation on surrounding properties. The Code <br />states no live tree within 75 feet of the shoreline with a diameter of six inches or more <br />shall be removed without first obtaining a permit from the City. A requirement of the <br />permit is at least a like number of replacement trees of a size and nature found acceptable <br />to the Staff, Planning Commission and City Council be planted. <br />2.The landscape plan has addressed tree replacement criteria as described in the attached <br />recommendations by Dr. Bedker. <br />3.The majority of the plantings within the slope are smaller shrub style plantings. A few <br />mature trees have been placed near the center of the property to screen the residence firom <br />public water view. <br />4.The applicants have provided revised hardcover calculations for the 75-250' lakeshore <br />setback and the 250-500' lakeshore setback that demonstrate no variances are required <br />within the two setback zones. <br />Staff Recommendation <br />To approve variances and a conditional use permit based on the following conditions: <br />1.Property owners and City of Orono enter into a Restoration Agreement allowing Staff to <br />enter the property and conduct an initial inspection following restoration planting and <br />additional annual inspections for six consecutive years following restoration. The <br />purpose of the site inspections is to ensure a successful restoration program and ensure <br />the bluff is not subject to any erosion problems.