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A RESOLUTION GRANTING VARIANCES <br />TO MUNICIPAL ZONING CODE <br />SECTION 10.22, SUBDIVISIONS 1 i 2, <br />SECTION 10.55, SUBDIVISION 8, AND <br />GRANTING A CONDITIONAL USE PERMIT PER <br />SECTION 10.03, SUBDIVISION 19 <br />FILE 11468 <br />BACKGROUND <br />1. George e.nd Sally Pillsbury (hereinafter "the <br />applicants") are the owners of the pr,,erty located at 1300 <br />Bracketts Point Road within the Citv of Orono (hereinafter <br />"'City") and legally described on Exhibit A attached (hereinafter <br />the "property"). <br />2. The applicants have made application to the city of <br />Orono for variances to (a) Municipal Zoning Code Section 10.2-2, <br />Subdivisions 1 and 2, (b) Section 10.55, Subdivision 8 to <br />construct a greenhouse addition and a retaining wall within the <br />0-75' lakeshore setback zone, resulting in structure and <br />hardcover in the 0-75' zone where no structure or hardcover is <br />normally allowed, and which greenhouse addition encroaches past <br />the defined average lakeshore setback line where no encroachment <br />is normally allowed, and further (c) requesting a conditional use <br />permit for grading work within the 0-75' lakeshore setback zone <br />per Section 10.03, Subdivision 19. <br />3. The Orono Planning Commission reviewed t`Ae <br />application October 16, 1989 and recommended approval of the <br />proposed variances and conditional ure permit on a vote of 5-2, <br />based on the following findings: <br />A) The average lakeshore setback encroachment will <br />not impair any existing lake views enjoyed by neighboring <br />property owners. <br />B) The retaining wall and associated grading <br />proposed at the top of the lakeshore bank is necessary for <br />preservation of the lakeshore bank, which is currently <br />exhibiting some slumping effect. The 24--30- proposed <br />height of the single proposed retaining wall is low enou�-,.. <br />that the wall can be easily screened using existing and <br />additional vegetation cour_ed with the stone construction <br />materials proposed. <br />C) The proposed hardcover increase from 5.7% up to <br />7.6% (based on the extent and size of the improvements at <br />that date) in the 0-75' setback zone is relatively minor <br />in its impact on the lake given the relatively large 0-75' <br />zone. Further, the effect of the additional hardcover in <br />Page 1 of 5 <br />