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To: <br />From: <br />Date: <br />Subject: <br />Application Date: <br />Completion Date: <br />60 Day Deadline: <br />10-20-99 <br />10-20-99 <br />12-20-99 <br />Chair Hawn and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />Michael P. Gaffron, Senior Planning Coordinato~ , <br />November 9, 1999 <br />#254 7 Kimberli & Willi Abbott <br />470 Big Island <br />After-the-Fact Variances and CUP <br />.,,q'1 I - <br />11--15 ~ r-~'1 <br />~v" f "1/D <br />Zoning District: RS Seasonal Recreational District (5 acre) <br />43,726 s.f. (1.00 acre) Lot Size: <br />Summary of Request: Applicants are purchasing this property from current owner Sam <br />McCloud. Applicants request approval of the necessary variances to allow the continued <br />existence of a lakeshore retaining wall and stairway system that was constructed without the <br />proper permits sometime between 1987 and 1990. A primary issue for Planning Commission <br />to consider is how much of the extensive decking associated with the walls and stairway <br />should be allowed to remain in place. All of the construction in question is within the 0-75' <br />lakeshore setback zone where no structure or hardcover is normally allowed. This would also <br />be an appropriate opportunity to address the 1991 building additions and a lot area variance. <br />Pertinent Code Sections: <br />Section 10.55, Subd. 8 -Prohibits grading, hardcover, and structures within 75' of shoreline. <br />Section 10.31, Subd. 9 -In RS district, allows no excavating, filling, hardcover, temporary or <br />permanent structures within 75' of the shoreline. <br />Section 10.03, Subd. 19 -Prohibits changes in grade or construction/alteration of retaining walls <br />on a lakeshore property without a conditional use permit (CUP). <br />Section 10.56, Subd. 16 (Adopted post-construction of this wall/deck/stair system) -Various <br />Shoreland ordinances regulating topographic alterations and grading or filling within 75' of <br />shoreline, allowing no hardcover within 75' of shoreline, and allowing no structures except stairway, <br />lift, landing, or lockbox within 75' of shoreline. <br />Ordinance 39, 2nd Series -Waived fees and allowed staff to issue permits for repair of lakeshore <br />damage caused by the 1987 'superstorm', effective 7-27-87 thru 8-31-87.