11/20/2006 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMIVIISSION Monday,November 20,2006 6:00 o'clock p.m. (#06-3239 VOGUE ICF HOMES, CONTINUED) VOTE: Ayes 4,Nays 1,Kroeger Opposed. Kroeger stated he was opposed to the hardcover variance due to the concerns expressed by the neighbors. 5. 06-3243 NORTH SHORE GARDENS ON BEHALF OF RICHARD MARZAN,2795 PHEASANT ROAD,CONDITIONAL USE PERMIT,8:05—8:57 P.M. Richard Marzan,Applicant,was present. Turner stated the applicant has submitted an as yet incomplete application for a conditional use permit for land alteration and retaining walls on a steep slope within the 75-foot lakeshore setback. The walls are proposed to address erosion and maintenance problems on a steep lakeshore. Turner illustrated the steep slope on the overhead,noting in all likelihood the slope was created at some point by a previous owner.The slope is too steep to plant trees and consists mainly of box elders. The existing house on the property was constructed in 2002 to replace an older house. The house did not require variances. Near the shoreline the property drops 24 feet in as little as 25 feet. The slope ranges from 1:1 under the large tree on the edge of the slope to about 2:1 at the steps. Much of the slope is about 1.5 to 1. In response to a recent complaint that the lakeshore had been clear-cut, Staff investigated this property and it was apparent that vegetation had been cut on a substantial portion of the slope. Photographs from the file show that trees had been cut,apparently recently, in the area above the retaining wall east to the large tree at the top of the slope. Except for some spruce and pine trees adjacent to the stairs,the trees on the slope are box elders. These trees are common on created or disturbed slopes where little else grows. The owner indicated he had the seller clean up the slope before he bought the property. It appears that they cut the box elders and the box elders have resprouted. The owner then had them trimmed again this year. This made the slope appear to be clear-cut. Prior to Staff contacting the properly owner,the property owner contacted the City requesting information about constructing retaining walls. The applicant proposes to construct two retaining walls,each ten feet high, across the lakeshore slope. In addition, a lower terrace eight feet wide and an intermediate tenace 17 feet wide would be created. The walls would be constructed of large blocks of stone. There would be two separate sets of stairs, one to the intermediate terrace and the second to the lower terrace. Retaining walls would be placed near the side lot lines so the existing grade on the adjacent properties could be maintained undisturbed. Ten feet behind the wall would be excavated to provide for placement of required fabric and soils. The application is incomplete because no grading plan was provided despite a specific request for one. The applicant has asserted that the retaining walls are the only way to address the slope. Cutting the bank down to create a 3:1 slope would move the top of the slope back to the 75-foot lakeshore setback and PAGE 12 �