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COUNCIL MEETING <br />9EP 81989 <br />Mayor Grabek & Orono Council Members CITY City Administrator Bernhardson 1 OF ORONO <br />Michael P. Gaffron, Asst Planning & Zoning Administrator <br />September 8, 1989 <br />..sect: #1439 Lawrence Langhans, 1366 Rest Point Road - <br />After -the -Fact Conditional Use Permit/Variance <br />Zo:�j.ng District - LR-lB <br />Appiteation - Request for after -the -fact approval to construct <br />retaining walls and deck in 0-75' setback zone. <br />List of Exhibits <br />Exhibit <br />A <br />- Planning Commission <br />Action Notice 8/22/89 <br />Exhibit <br />B <br />- Planning Commission <br />Minutes 8/21/89 <br />Exhibit <br />C <br />- Photo Submitted by <br />Applicant <br />Exhibit <br />D <br />- Letters of Support <br />from Neighbors, Submitted by <br />Applicant <br />Exhibit <br />E <br />- Proposed DNR Shoreland <br />Rules (excerpt) <br />Exhibit <br />F <br />- Memo & Exhibits of <br />8/16/89 <br />Exhibit <br />G <br />- Resolution <br />Discussion - <br />Please review the memo and exhibits of August 16, 1989. <br />Briefly, applicant is requesting after -the -fact approval to <br />construct minor retaining walls to repair erosion which occurred <br />in 1987, and to construct a 220 square foot. deck above the <br />remainder of the foundation of the boat house which existed prior <br />to that storm. <br />In reviewing this application, staff found the scope of <br />the retaining walls is relatively minor, dnd the walls already in <br />place and yet to be completed are definitely necessary to help <br />protect and stabilize the bank. Old walls on the property are <br />well screened visually from the lake, and the new walls appear to <br />blend equally well. <br />The deck was constructed without permits atop of a remaining <br />portion of the foundation of the boat Louse which existed until <br />the 1987 storm. That boat house was damaged in that storm and <br />the applicant removed it, lz;ving the northerly wall and portions <br />of two side walls in place to stabilize the bank. <br />The City's philosophy and policy in the past has been that <br />when such boat houses (which are considered as non -conforming <br />structures) are damaged or destroyed, the foundations may remain <br />in place and should be covered over. This provides a stabilizing <br />effect on lakeshore bank at which most such structures were <br />locatf -i <br />