10-23-1995 Council Packet - Laserfiche WebLink

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CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances^to Municipal Zoning Code Section 10.55. Subdivision 8, 10.56, Subdivision 16 (J), and 10.22, Subdivision 2 to allow grading for the purpose of constructing retaining walls within 75’ ot the l:^e where grading is normally prohibited, and variances to Sections 10.22. SuMivision 2 and 10.>6. Subdivision 16 (L) to allow hardcover associated with such vvalls within 75 ot the lake where no hardcover is normally allowed, and grants a conditional use permit per Section 10.03. Subdivision 19 for land alteration near the lakeshore, subject to the follow ing conditions: 1, Boulder walls shall not be constnicted at the base of the slope. 2. No e.xcavation shall be allowed other than that necessar>r to accommodate boulder walls at the top of the lakeshore bank. 3.Applicants shall remove the fabric mulch liner in the 0-75' setback zone prior to construction of the boulder w alls. The only hardcover allowed in the 0-75' zone shall be the existing 4’ x 40’ stairxvay and approximately 96 lineal Icet ot nominally 2 ’ w ide boulder wall as shown on the approved site plan attached as Exhibit A. ITie applicants are advised ‘hat no additional hardcover is allowed in the 0-75’ lakeshore setback zone. Applicants and their contractor shall adhere to "Best Management Practices for Protecting Water Quality in Urban .Areas" during the process of boulder wall construction. .Authorities granted by this variance run with the propertv not with the applicants, but are permissive only and must be exercised by application for a building pcmiit within one week of the date of Council ’s approval, or the special conditions of this resolution will expire on that date (October 23. 1996). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically lenninate anv authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5