02-10-1997 Council Packet - Laserfiche WebLink

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C. The Environmental Protection Goals on page 3-20 state that "Lake shorelines will be protected from alteration. Natural vegetation in shoreland areas will be preserved insofar as practical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clear cutting will be prohibited. In areas of soil or wave action erosion, natural stone rip rap shoreline protection will be encouraged." 8. The City of Orono has on past occasions relied on these and other principals contained within the Comprehensive Plan, to deny land alteration conditional use permits and specifically, variances for grading within the 0-75' lakeshore setback zone, in cases where excavation and lowering of the natural lakeshore grades was proposed in order to allow the creation of a walkout residence, for instance. The City has long taken the position that such excavations create an artificial and unnatural lakeshore appearance. 9. The existing bluff proposed to be excavated has the appearance of a natural feature on the landscape. The State archeologist has given an opinion that this is a natural remnant glacial feature and likely is not dredge spoil. The Council finds that the alteration of this bluff as proposed would be inconsistent with the goals and pplicies in the Comprehensive Plan generally and as noted specifically above. 10. The applicants have suggested that the property area and configuration are such that the proposed use can only be accomplished if hardcover variances are approved. The City Council finds that this fact is not a hardship to the property, but .s clear indication that this portion of the property is not suitable for the proposed use as a parking lot. 11 . Applicants have indicated that safety is a concern and should be considered a justification for granting the variances. The Council finds that the underlying reason for this variance request is the overdevelopment of the dockage system on Tanager Lake. In 1989 the Lake Minnetonka Conservation District approved an expansion from the pre-existing 25 slips on Tanager Lake to 64 slips, an increase of 39 slips. The LMCD approved this increase without apparent consideration of the ability of the land base to support such an increase in intensity of use. Municipal Zoning Code Section 10.41, Subdivision 8(E) states that required parking spaces may not be Page 4 of 9