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Zoning File #2196 <br />November 15, 1996 <br />Page 3 <br />The Environmental Protection Goals on page 3-20 include the following: "Lake shorelines will be <br />protected from alteration. Natural vegetation in shoreland areas will be preserved insofar as practical <br />and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. <br />Clear cutting will be prohibited. In areas of soil or wave action erosion, natural stone rip rap <br />shoreline protection will be encouraged." <br />The City has on numerous past occasions relied on these and other principles contained within the <br />Comprehensive Plan, to deny land alteration conditional use permits and specifically, variances for <br />grading within the 0-75' lakeshore setback zone, in cases where excavation and lowering of the <br />natural lakeshore grades was proposed in order to, for instance, allow the creation of a walkout <br />residence. The City has long taken the position that such excavations create an artificial and <br />unnatural lakeshore appearance. <br />The existing bluff proposed to be excavated appears as a natural feature on the landscape. The State <br />Archaeologist has given an opinion that this is a natural remnant glacial feature and likely is not <br />dredge spoil. In staffs opinion, its alteration as proposed would be inconsistent with the goals and <br />policies in the Comprehensive Plan. <br />Hardcover Variance <br />Applicant has provided hardcover calculations based on the portion of property located west of <br />County Road 15 for purposes of this review. 0-75' hardcover will increase from .06% to 7.30%, due <br />mainly to the 25' access driveway at the north end of the parking lot. In the 75-250' zone, hardcover <br />would incivuvc from 0% to 53.57%, where only 25% hardcover is allowed. <br />Bluff Status <br />Staff has completed a cross section analysis of the existing hill, and determined that based on the <br />zoning code criteria, the hill is in fact a bluff by definition, because: <br />a. It is within the Shoreland District. <br />b. The slope rises at least 25' above the OHWL (it actually rises approximately 40-45' <br />above the OHWL). <br />c. The grade from the toe of the bluff to a point 25' or more above the OHWL is greater <br />than 30% (based on the zoning code definitions of "toe of bluff the grade is 63%, <br />although at some locations it is 100% or a 1:1 slope). <br />d. The slope drains tov/ard the water body. <br />Orono's bluff protection requirements were created as part of the Shoreland Management Ordinance <br />adopted by the City Council in 1992. While the City has granted a number of variances for <br />construction of buildings within the bluff impact zone, this is the only request the City has received <br />w hich proposes the total destruction and removal of a bluff feaUire.