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TO: <br />FROM: <br />DATE: <br />SUBJECT: <br />Mayor Callahan and Orono Councilmembers <br />Ron Moorse, City Administrator ^ f <br />Michael P. Gal Iron. Asst. Planninu & Zonins Administrator o' <br />#1884 Orville Fisher. 475 Oxford Road - After-the-Fact Variance <br />October 22, 1993 <br />Application <br />The property owner is required to make an after-the-fact application for variances to <br />Sections 10.22. Subdivision 3 and 10.56. Subdivision 16 (I) for removing live trees greater than <br />6" in diameter within 75’ of the shoreline, and for an approved "intensive vegetation clearing" <br />witliin 75’ of the shoreline. <br />List of Exhibits <br />A - Revised Restoration Proposal <br />B - letter from Land.scape Designer <br />C - Memo and Exhibits of 10/15/93 <br />Summary <br />Twelve 6" or larger live trees and literally dozens of smaller trees ranging from 1" to <br />6" in diameter were found to have been removed in the 0-75’ lakeshore setback zone, leaving <br />no woody vegetation save for three 24" to 30" hardwoods. Additional trees were removed just <br />outside the 0-75’ zone. The tree cutting and intensive vegetation clearing is a clear violation of <br />two separate code sections. <br />Please review the staff memo of October 15, 1993. <br />Planning Conmiission Review <br />The Planning Commission reviewed this application on October 18th. Statt required that <br />an after-the-fact variance application be filed, and recommended that the variances be denied and <br />that restoration be requ .'ed. I he D.NR concurs with this recommendation but in their letter <br />provided little direction for mitigation of the damage. <br />I'he Planning Commission ’s review and questioning of the applicant established that a <br />college student had been hired and apparently given general direction to not cut trees within 75’ <br />of the lake, however the property owner acknowledges that he is ultimately responsible tor this <br />activity on his property.