08-20-2001 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING August 20,2001 (#01-2702 Fine Line Design Group,Continued) Bottenberg noted a letter was received by the City from one of the neighbors expressing some concerns about the drainage in this area. Lindquist moved,Welsh seconded,to table Application#01-2702,Fine Line Design Group, 3551 Livingston Avenue to the September 17,2001 Planning Commission meeting,due to the absence of the Applicant. VOTE: Ayes 7,Nays 0. NEW BUSINESS (#5) #01-2689 MANDEEP SODHI,4080 DAHL ROAD,AFTER-THE-FACT VARIANCES AND CONDITIONAL USE PERMIT,7:18 p.m.—7:53 p.m. Mandeep Sodhi, Applicant,was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the City of Orono became aware in late spring of some vegetation removal and replacement of a stairway on the lakeshore side of the property located at 1080 Dahl Road. The property owner had purchased the property the previous year and hired a contractor to replace the stairway and retaining walls on the hillside and to remove the vegetation. The vegetation removal occurred along the stairway leading to the lakeshore. Weinberger noted this work was done prior to the City issuing a permit approving the work. Staff issued a stop work order and required the property owner to apply for the proper permits. Orono's Shoreland Ordinance does not permit"Intensive Vegetation Removal"within 75 feet of the shoreline, on steep slopes, or within the bluff impact zone. Weinberger indicated the area where the vegetation removal occurred is a protected bluff area,with the slope exceeding an average grade of 12 percent over the length of it. Weinberger stated the area above the stairway consists mostly of an overgrown grassy area,which suffered some damage due to the equipment driving over the area. A walkway also existed from the residence down to the previous stairway. Staff, upon discovering removal of the vegetation,reviewed the site and found that a portion of the stairway and retaining walls had been replaced. Staff did issue a permit to allow the property owner to complete the stairway and retaining wall replacement,with the condition the property owner apply for an after-the-fact variance and conditional use permit to permit the retaining wall replacement within 75 feet of the lakeshore. Weinberger noted the City of Orono does allow one stairway down to the lake even though it is considered hardcover within 75 feet of the lakeshore. Permits were also issued to allow the property owner to complete the two retaining walls in this area. Technically the retaining walls are considered hardcover and would require a variance. Staff issued the building permit to allow the work to continue in order to address some erosion concerns. Staff requested any landscaping in this area be delayed until the Applicant appeared before the Planning Commission and City Council. PAGE 6