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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, January 18, 2010 6:30 o'clock p .m. 5. #09-3425 JAMES JOHNSON, 650 BIG ISLAND, AETER HE-ACT VARIANCE AND CONDITIONAL USE PERMIT, 6:38 P.M. -6:45 P.M. The Applicant was not present. Curtis stated the applicant is re questing an after-the -fact hardcover variance and an after-the-fact conditional use permit for retaining walls and a patio within the 0-7 5 f zone to remain as constructed. The request inc ludes a hardcover variance to all ow the hardcover associated with the retaining walls to remain when only 333 square feet of hardcover is allowed for lake access stairs within the 0-75 foot zone . The applicant's property has a steep lakeshore, with the top of the slope about 22 feet above the lake . In 2008, the applicant hired two separate contractors to replace a failing sea wall with rip-rap , a walkway deck with a smaller patio walkway and lake access stairs . A permit for the rip-rap was obtained from the MCWD. Neither the contractor nor the applicant realized that City approvals were required as it was a replacement. Staff discovered the new walls on the annual shoreline inspection boat trip . The applicant was out of the state for a number of months and was unable to be reached. Once the property owner was contacted, the wall contractor began to work with staff to submit an after-the-fact application . Following an initial meeting with staff and the City Engineer, the contractor stopped returning phone calls from staff and the property owner. At this time the property owner has submitted the necessary information with the exception of an engineered construction plan for the retaining wall. Engineered plans are required for walls four feet in height or above which retain soil. The walls have a section that just exceeds the four foot limitation. The City Engineer has reviewed the survey, the contractor 's sketch, and feels that generally the walls are necessary to maintain the slope. It appears that the patio walkway and walls are a nearly in -kind replacement for the previously existing deck and seawalls . One recommendation option for after -the -fact reviews such as this is to require the walls, patios, decking, etc ., to be removed. In this situation, removal of the walls and walkway to restore a vegetated slope down to the water would result in a lot of earth movement and larger area of open, un-vegetated ground. It appears that with the walls in place the slope is stable . Restoration and re-grading the slope would open up the potential to create an erosion problem. Staff would recommend that the walls be allowed to remain . However, the Planning Commission should discuss the size of the patio walkway which replaced the existing deck. The property owner has planted native grasses to help to screen the walls from the lake . Planning Staff recommends approval of the CUP for the retaining walls and a variance for hardcover at a level the Pl anning Commission deems appropriate. An after -the-fact pem1it for grading and retaining walls is required to be obtained following any approvals. The applicant should be required to submit an engineer's opinion on the wall construction for the building pemlit. The evaluation likely cannot occur until the ground thaws. Additional vegetative screening should be provided to help to hide the walls when viewed from the lake . Rice asked where the additional vegetative screening should be planted . Page 2