Resolution 7589 After the Fact Conditional Use Permit 4745 North Shore

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�OtV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� 11L c> NO. 7589 `lkESHov-t A5. The Applicant applied an amendment to the Conditional Use Permit (Resolution No. 7486) to allow construction of additional stone retaining walls to support the lake access stair and the lower slope within the bluff and the 75-foot lake setback. A6. Orono's 2020-2040 Comprehensive Plan provides guidance for development near the lakeshore. It states that lake shorelines will be protected from alteration. Shoreland areas, including bluffs, have a significant impact on lake water quality, and natural vegetation in shoreland areas will be preserved to limit surface runoff and soil erosion. Clearcutting will be prohibited. Excavation, filling, and other grade changes at or near the shoreline for the sole purpose of accommodating development will be discouraged. The Comp Plan further states that the retention of natural vegetation will limit the impact of urbanization as visible from the lake. Minimum green belts will be provided with prohibitions against clear-cutting or excessive thinning of vegetation. Natural vegetation will be preserved on slopes, and retaining walls will be discouraged except when absolutely necessary to prevent erosion; in such cases, they will be screened with natural vegetation. A7. In considering this application for CUP amendment, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed project upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. CONDITIONAL USE PERMIT ANALYSIS: The City Council may approve a CUP for the construction of retaining walls as long as the walls are: B1. Designed to correct an established erosion problem; the applicant's landscape design was developed to directly address an ongoing erosion problem that had been affecting the stability of the shoreline and bluff line. The erosion was caused by surface water runoff, natural wave action, incorrectly installed riprap, and ice heaves, which had begun to undermine the soil and vegetation near the water's edge and bluff line. To correct this, the design included erosion control measures such as deep-rooted native plants, erosion control fabric, and slope stabilization techniques with the staircase and boulder retaining walls. These improvements were intended to stop further erosion, help restore the health of the shoreline and preserve the roots of trees that are exposed. This criterion has been met; and 82. Suitable given the demonstrated need; A global stability analysis by Ronald W. Vickery, PE was provided. He further notes that it was necessary to correct the shoreline with a 3