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ORONO PLANNING COMMISSION MEETING <br /> MINUTES FOR JANUARY 19, 2000 <br /> • <br /> (#2547 Kimberli and William Abbott, Continued) <br /> Applicant. <br /> Weinberger stated City Staff is not in possession of a statement by a certified engineer. <br /> Abbott commented the storm experienced in this area back in 1987, necessitated the need for <br /> the retaining wall. <br /> Hawn commented that this property has been discussed for a number of years, with the present <br /> owner failing to bring this property into compliance or providing any evidence which would <br /> demonstrate a need for this retaining wall structure. Hawn stated the present property owner <br /> was told exactly what he needed to do to bring this property into compliance, which he has failed <br /> to do, and the same type of showing needs to be demonstrated with this application. <br /> Abbott stated the recommendations by City Staff appear to be the same as in the previous <br /> application. <br /> Hawn inquired whether there has ever been a finding that this retaining wall structure is <br /> necessary to prevent further erosion along the shoreline. <br /> Abbott commented he is attempting to resolve this issue. Abbott indicated if some type of <br /> agreement is not reached, he will not be purchasing the property. <br /> Hawn stated the cooperation of McCloud is needed to help resolve this issue. Hawn stated the <br /> • Planning Commission must act within City Code as well as existing law and precedent. <br /> Abbott stated he is in agreement that cooperation on McCloud's part is needed as well. <br /> Stoddard stated the City of Orono does not allow structures to exist within the 0-75' lakeshore <br /> setback. Stoddard stated the Planning Commission needs to have an opinion from an expert <br /> on the need for the retaining wall. <br /> Abbott stated he is willing to remove all decking within the 0-75'setback and is only asking for <br /> some leeway on the width of the terrace. Abbott stated in his view the railing should not be <br /> included in the calculation for the height of the retaining wall and some type of agreement will <br /> need to be reached on that issue as well. <br /> Hawn commented a one foot retaining wall will probably not be very effective, but that the <br /> Applicant will first need to provide some evidence that a retaining wall is necessary in this area <br /> before the design of the structure can be discussed. <br /> Abbott inquired if he produced pictures showing the erosion along the shoreline, whether that <br /> would be sufficient to demonstate the need for the structure. <br /> Hawn stated pictures and/or a statement by an engineer would help to demonstrate a need for <br /> retaining walls in this area. <br /> Weinberger stated had the property owner requested the proper permits prior to any construction <br /> being done on the property, City Staff would have requested evidence showing the condition of <br /> the property as well as a statement by an engineer to help demonstrate the need for the retaining <br /> • wall. Weinberger indicated that information would then have been reviewed and approved by the <br /> City Engineer and Staff would have made a determination whether erosion along the shoreline was <br /> Page 4 <br />