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,, ""~➔ ,C~"'-, ,~ j j '" ,_ ~· "--~ ADDITIONAL STATEMENT SAMUEL A. MCCLOUD VARIANCE APPLICATION v I am applying for an after-the-fact variance from the City of Orono with respect to a retaining wall/stairway/deck system that was built on my property in 1987. In particular, I am seeking a variance from the application of city ordinances that restrict structures and hardcover within 75 feet of the lakeshore. I purchased this property in April, 1985. The property is located on Big Island and faces southwest. Most of the property is gently rolling and is situated on a hill above Lake Minnetonka. The portion of the property that is adjacent to Lake Minnetonka is very steep, with an angle of approximately 30 degrees. There are several large trees and other ground cover located on this steep slope. During the "storm of the century" in July, 1987, a massive portion of the hi 11 adj a cent to Lake Minnetonka washed out, taking with it the stairway which extended down towards the shoreline and two (2) large trees. The aftermath of the storm resulted in an extremely sharp incline down to the shoreline and a bowl shaped depression in the hill. Shortly thereafter, I hired a contractor from western Minnesota to build an addition to the existing cabin and to build a retaining wall/stairway/deck system to preserve and strengthen the eroded hillside, provide access to the shoreline and prevent further damage to the hill in the event of another heavy rainfall. The contractor provided me with a bid for the 1 "' I:>?.~ ,•;~~) ,r'"'-,,, "<:-'0;,] 7J~ f½~ \:i :) 8# ~ ~ {~0 tl "f.:!J retaining wall/stairway/deck system which, I was informed, included the cost of all permits to complete the construction. The contractor also told me that he would see to it that all of the proper permits were acquired prior to construction. Obviously, to my surprise, I have now learned that the necessary permits and variances were never obtained. I am requesting that the City of Orono issue a variance so that the present structures, as constructed, may remain in their current state. This includes the retaining wall/ stairway/deck system on the hill adjacent to the lake and the deck located next to the house, which barely encroaches into the 75 foot setback zone. The topography of the property, the washout of the steep slope, the destruction of the stairway and the loss of two large trees created a hardship situation that warrants the variance. Obviously, I was not responsible for creating the washout of the hill and the associated damage. I was faced with a situation whereby a heavy rainfall in the future could further erode my property and could ultimately place the home on the property in jeopardy. The structures, as built, serve several useful purposes that warrant your attention: 1. The retaining wall system is necessary to control soil erosion and water run off. The retaining wall system is more efficient in this regard than other systems, such as those that use erosion blankets. With the use of erosion blankets, there is a greater chance of rainwater flowing directly into the.lake 2 ~