05-15-2000 Planning Commission Minutes

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ORONO PLANNING COMMISSION Monday,May 15,2000 • (#10) #2584 ANDREW AND TRACY RASCHER,4705 NORTH SHORE DRIVE-CONDITIONAL USE PERMIT AND VARIANCES, 9:05 p.m. -9:20 p.m. Andrew and Tracy Rascher, Applicants, were present. Bottenberg stated the Applicants are requesting a conditional use permit to replace an existing retaining wall and install two additional retaining walls within the 0-75 foot setback. Since retaining walls are considered hardcover, a variance is needed for hardcover in the 0-75 foot setback area. Bottenberg indicated the proposal would be inconsistent with the City's Comprehensive Plan, with the City Engineer recommending that no new retaining walls be constructed on the site between the home and the lake. It is the City Engineer's opinion that the retaining walls can be repaired and restored with minimal disturbance to the existing slope. City Staff is recommending approval of the variances and conditional use permit for repair of the existing retaining walls in the 0-75 foot setback area, but denial of the proposed new retaining walls based on the goals and policies cited in the City of Orono's Community Management Plan. Jeremy Bakken, Builder, stated due to the slope of the back yard all the way down to the lake and the old deteriorating condition of the existing walls, in his opinion it would be more cost effective to build new walls rather than repair the existing walls. Bakken stated the amount of grading involved in the repair is equal to that which would occur with construction of the new walls. Bakken stated the existing walls are not controlling the drainage and are unsafe. Rascher commented they would like to replace the existing walls due to the fact they are very unstable and do not do the job they were initially constructed to do. Rascher stated they would like • to build some retaining walls which are more stable. Smith inquired whether they have had a chance to look at the letter from the City Engineer. Bakken stated they are not proposing to change the existing grade until they get closer to the lake. Bakken stated he would not recommend limestone walls since they need to be replaced periodically and tend to be unstable over time. Mrs. Rascher stated they are attempting to reduce the amount of erosion into the lake, noting that currently nothing is being filtered at this point. Rascher commented the current condition of the steps are unsafe due to the nails which are exposed in the timbers and the unstableness of the flagstone walls. Rascher stated they would like to have a safe access to the lake and remove the safety hazard that currently exists due to the fact they have a young child who will be in this area. Smith stated she can appreciate the safety concerns and the fact that flagstone steps tend to become tippy over time. Smith stated the City of Orono does want people to have safe access to the lake, but that there are some limits that must be imposed on what people can construct. Smith stated since she is not an engineer, she cannot comment on the structural issues, but that the Planning Commission tends to take into account the recommendations of the City Engineer when deciding what is acceptable. Rascher stated they are proposing to decrease the steepness of the slope. Smith stated there are other lots in Orono with steep slopes, and that the Planning Commission must look at the recommendations of the City Engineer. Smith commented she has visited the site and is not totally convinced new retaining walls are needed. Smith stated the City likes to • encourage residents to keep the area as natural as possible and to limit construction down by the Page 19