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TO: FROM: DATE: RE: Chair Hawn and Orono Planning Commissioners Ron Moorse, City Administrator Kris Jenson, Assistant Zoning Administrator/Planner September?, 1999 #2523 Ronald and Rita Jane Zebeck - 998 Wildhurst Trail Conditional Use Permit — Public Hearing Zoning: LR-1B, One Family Lakeshore Residential District Application: Request a Conditional Use Permit to permit fill within the lakeshore setback and a variance to permit 25.7% hardcover within the 75'-250' zone. STAFF SUMMARY Southview Design has submitted an application on behalf of the property owners for hardcover variances and a conditional use permit to permit grading within 75' of the lakeshore. The scope of the project involves moving the driveway for more privacy, and using retaining walls to "allow better use of the land." (See exhibit D) This property is located at the end of Wildhurst Trail, on Forest Lake. The driveway realignment will allow the driveway to be more centrally located in that portion of the property and then allow for the planting of U-ees to help screen it from the neighboring property. The grading work will result in 1,300 cubic yards of fill being brought in. Some of this grading work is proposed for within 75* of the lakeshore, as well as placing retaining walls within 75’ of the lakeshore. These retaining walls are proposed across the entire lakefront of the home. Other work includes erecting a fen''** along the side property lines. The applicant has been advised that the lights proposed for the top of the posts on the fence are permitted only when shielded from the neighboring property owners. The fence along the west property line is shown extending past the home, but ending before the 75' setback line. There is no house on the property to the west. Pertinent Ordinance ► Section 10.56 Shoreland Management, Subd. 16. Shoreland Overlay District Standards, (L) Hardcover Limitations (2) Between 75 feet and 250 feet of the OHWL there shall be no greater than 25% hardcover. ► Section 10.56 Shoreland Management, Subd. 16. Shoreland Overlay District Standards, (J) Topographic Alterations/Grading and Filling (2) Grading, filling or excavating of more than 10 cubic yards is prohibited within 75' of the Ordinary High Water Level of the public waters erumcrated in Sect= 7 of this section. Grading, filling, or excavating of 10 cubic yards or t^2523 Ronald ^ Rtta Jane Zebeck, 99S Wtldhurst Trad Condiitonal Use Pernut September 7, 1999 page-l