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02-26-1990 Council Packet
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02-26-1990 Council Packet
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11481’ ” , that culvert, ePP“==‘a’'Ai‘‘nVgejunction “‘■*'\„’'°h”o-75 ’ rone “g^con'Xucted to the ed the ®''®^Tv«out door was aPP’^°^®„flication:rom the ^"Ais walX-out door^^^^^ "%^"bmSted.ent area. ^ remodeling v to lowerLng g to accommodate 11?,;ttUt the need for <br />^a^a vt^-Tt to the <br />•oximateiy^ house fr <br />"e staff- oPj"t-within 20 oi ^^ing v»ork r ^ was nor j„ent <br />^'^TTo- it/areins%s a«ay fr- <br />l°ept to provide pravrt. <br />>n removea »* tefii^-- two-toxu. <br />tJ: Pis""^"^ ^ ,, ,„nted efrer-hs; <br />ould a conditional ;,\ViriV^ of ^thejrt^^^^ a«ale, <br />for leading through Ph® subdivision? <br />lin the . , ss part of allowed towere required a p area be <br />.m be cons >,een dropped <br />t the basenent aoor«ay^^ha|„ J^eVer« <br />tely <br />Zoning File #1481 November 17p 1989 Page 3 of 3Also 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 Skarp, that lakeshore grades except at the west end of the house, are very near the pre-existing situation. Unfortunately, no. grad-ng 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.The other point to note regarding 0-75' grading is that the proposal shows grade changes of approximately 0-6" between the west half of 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 <br />required $400.00 after-the-fact land alteration conditional use <br />permit application fee rather than the standard $200.00 fee. <br />Staff Recommendation - <br />Staff recommends approval of the grade changes within 20' of <br />the shoreline to accommodate the drainpipe through the rip rap. <br />This maintenance work would appear to be necessary to continue <br />the drainage system that was put in place with this subdivision <br />in 1975. <br />Regarding the lowering of the swale in order to accommodate <br />the basemenL cc-ess door, staff would note that the changes in <br />grade do not significantly change the drainage pattern nor do <br />they have any significant impact on quantity or quality of run <br />off. In the 0-75' zone, the swale is lowered approximately 6-12" <br />from its pre-existing status. <br />The more pertinent question is one of policy. The City has <br />in recent history denied cutting of lakeshore bank or grading in <br />the 0-75' zone merely to accommodate a walk-out situation. There <br />are a number of precedent cases within the last few years which <br />have been based on the concept that changes in the grade of the <br />lakeshore 0-75' zone are detrimental from the standpoint of <br />visual Impact as viewed from the lake, as well as changing the <br />character of the lakeshore. <br />In the McCourtney situation. Planning Commission should <br />determine whether the impact on the lakeshore yard is «lgnificant <br />or whether this situation is unique due to the pre-existing swale <br />and the relatively minor changes in grade proposed in the 0-75' <br />zone.
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