03-28-1988 - Agenda Packet City Council - regular meeting

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Zoning File #1223 March 8, 1988 Page 2 of 8 Discussion - During the review of this application, applicant asked the City to consider its policy on lakeshore grading in light of what seems to be incon,istent action in similar past cases. In fact, on at least one occasion on Cherry Place in 1983, the Council approved a cut to create a walk -out that is very similar to wrat Waldron originally proposed. P photo submitted by Waldron of that Cherry Place property indicates that such a walk -out cut does have a potential for detracting from the natural character of the lakeshore. The applicant's revised proposal sugqests that a 3' deep excavation from the house to the lakeshore bank will have a beneficial effect on the stability of the lakeshore bank as compared to other methods. Staff has wrestled with various ways to delineate and quantify the valid public concerns relating to this lakeshore bank project. To this end, staff has devised a "point system" that attempts to assess the visual and environmental impacts of the various bank restoration methods available for use. The attacheC table is the result of that assessment process. What constitutes a valid public concern? Certainly, environmental protection is a valid concern, and the Environmental Plan section of the City of Orono Community Management Plan suggests that the visual :mpact of a project as viewed from the lake or from other properties is a valid public concern, in addition to the concern for lake water quality. The economic feasibility of a private ptoj-.:t is not necessarily a valid public concern, but may become a valid public concern if such a project that has negative public impact if not completed, cannot be feasibily completed due to the financial capabilities of a property owner. I am not suggesting that the City subsidize lakeshore bank restoration, but am suggesting that the City should not Aecessarily force a homeowner into the most expensive restoration method if less expensive methods are available that will accomplish the same goals. Staff has sketched nine various methods for restoration of the applicant's lakeshore banks, most of which have been discussed to a certain degree by the Planning Commission and Council, and each of w:lich has both advantages and disadvantages for both the property owner and the public in general. There are some und-rlying physical principals that apply to eacr of the methods: