Resolution 7670 Denying CUP Retaining Walls 1200 Wildhurst Trl

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BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� NO. 7670 !4k£sxo " CONDITIONAL USE PERMIT ANALYSIS: Section 6.12.6240 (5)(c) states that walls in the shore setback zone shall require a conditional use permit. New walls and replacement walls greater than 4 feet in height must meet the following conditions. The wall must be: B13. Designed to correct an established erosion problem; the Applicant provided a professional opinion from a professional engineer, which stated that the retaining walls eliminated a steeply sloped eroded area that was difficult to maintain and provided additional storm runoff retention over the flatter planted areas they created. The walls were also designed to preserve mature trees. While this narrative supports a functional and aesthetic benefit, the ordinance standard is evidentiary and retrospective in nature. The term "established erosion problem" implies the presence of documented, pre- existing erosion conditions prior to construction activity. The record does not contain objective documentation demonstrating that a documented erosion condition existed prior to the Applicant's intervention. Instead, the engineer's statement characterizes the area as "steeply sloped" and "difficult to maintain,"which does not, in itself, establish active or ongoing erosion as contemplated by the ordinance. Accordingly, because the evidentiary record does not substantiate that the walls were constructed to correct a previously existing and demonstrable erosion problem, this criterion has not been met, and B14. Suitable given the demonstrated need; the engineer's letter further states that the walls provide stability to the slope, the trees, and help to reduce erosion. The engineer also indicates that the construction of the walls and associated grading improves stormwater runoff and increases opportunities for infiltration. This criterion has been met, and B15. Designed by a registered engineer or landscape architect, depending on the project scope; Based on the professional engineering opinion that the slope required stabilization and that the wall system functions to control runoff and improve infiltration, the design appears proportionate and technically responsive to the site's topographic constraints. This criterion has been met, and B16. Designed to be the minimum size necessary to control the erosion problem. The documentation demonstrates professional involvement in evaluating the wall design and construction relative to slope stability and drainage considerations. The requirement that the wall be designed by a registered engineer or landscape architect has therefore been satisfied. 6