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Zoning Pile #1481 November 17r 1989 Page 3 of 3 Also note that the "pre-existing contours” shown on the proposed site plan, were taken after restoration grading occured. It is staff's impression and the concurrence of the neighboring property owner, Henry Sharp, that lakeshore grades except at the vest end of the house, are very near the pre-existing situation. Unfortunately, no grading plan with pre-existing contours (prior to the remodeling) is on file. Obviously, applicant should have submitted a grading plan for the proposed changes to accommodate the basement doorway, and Orono's building permit application requirements clearly state that any changes in grade must be accompanied by a grading plan. “'^her point to nota regarding 0-75' grading is that the propoi. ows grade changes of approximately 0-6” between the west y ^ f the house and the lake, and then creates a more gentle slope adjacent to the southwest terrace area. If the grading to accommodate the basement door is not allowed, the extent of retaining walls and grading near the southwest terraced area would be slightly revised. Just as a matter of record, the applicant has paid the required $400.00 after-the-fact land alteration conditional use permit application fee rather than the standard $200.00 fee. Staff BecosaMiidatloo - Staff recommends approval of the grade changes within 20* of the shoreline to accommodate the drainpipe through the rip rap. This maintenance work would appear to be necessary to continue the drainage system that was put in place with this subdivision in 1975. Regarding the lowering of the swale in order to accommodate the basement access door, staff would note that the changes in grade do not significantly change the drainage pattern nor do they have any significant impact on quantity or quality of run off. In the 0-75' zone, the swale is lowered approximately 6-12" from its pre-existing status. The more pertinent question is one of policy. The City has in recent history denied cutting of lakeshore bank or grading in the 0-75' zone merely to accommodate a walk-out situation. There are a number of precedent cases within the last few years which have been based on the concept that changes in the grade oT the lakeshore 0-75' zone are detrimental from the standpoint of visual impact as viewed from the lake, as well as changing the character of the lakeshore. In the McCourtney situation. Planning Commission should determine whether the impact on the lakeshore yard is significant or whether this situation is unique due to the pre-existing swale and the relatively minor changes in grade proposed in the 0-75' zone. ; i tt I k