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Zoning File il627 March 12, 1991 Page 3 of 5 c. The retaining wa 11 s wi 11 need to be modified because they are already showing signs of instability, and because in some locations the overlying deck structure to be removed does enhance the stability of the walls because they are so high. In discussions with the Engineer, staff determined that one optional solution would be to lower the portions of retaining walls exceeding 3-4' in height, and add additional walls between the remaining walls. This would likely provide the necessary stability while allowing spaces for additional plantings to help screen the walls. Additionally, this would eliminate the need for railings extending upward from deck sections. The storage area adjacent to the main stairway would be eliminated. The final hardcover in the 0-75' after these reductions is estimated at less than 4%. Discussion - Please review the applicant's letter of request. Applicant points out five specific useful purposes for the structure as bui 1 t, and indicates that the topography and obvious potential for bank erosion create a hardship situation that warrants the variance. Whi 1 e a number of trees tend to somewhat soften the vi sua 1 appearance of this structure as viewed from the Lake, there is no question that this type of deck structure is in total non- conformity with the letter and intent of the zoning code, and further, does not conform with various land use policies contained in the City of Orono Community Management Plan. The City of Orono has a track record of requiring pre-existing non- conforming lakeshore structures to "de-intensify" or disappear as they fa 11 into disrepair, and approval of new construction and hardcover of the magnitude of this structure would be unusual in the 0-7 5' zone. Additional Issues - In 1983, Orono rezoned Big Island and defined "Record Lots" which recognized historic patterns of use and ownership, intending to keep substandard, commonly owned lots permanently in common ownership. Record lot property owners were offered the opportunity to be granted an "automatic lot area variance", generally allowing them specific continued rights to use their properties for standard single family seasonal recreational uses.