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� f <br /> FILE 06-3243 <br /> August 20,2007 <br /> Page 2 of 5 <br /> Sec. 78-1285. Vegeta.tion alterations. <br /> (b) Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within <br /> the bluff impact zone within the Shoreland Overlay District is prohibited. Limited <br /> clearing of shrubs and trees less than six inches in diameter and cutting, pruning and <br /> trimming of trees of any size is allowed to provide a view to the water from the principal <br /> dwelling site and to accommodate the placement of permitted�stairways and landings, <br /> picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, <br /> provided that the screening of structures, vehicles or other facilities as viewed from the <br /> water, assuming summer,leaf-on conditions, is not substantially reduced. <br /> Sec. 78-1288 Hardocver Regulations <br /> List of Exhibits <br /> A. Application <br /> B. Plat Map <br /> C. Survey <br /> D. Proj ect Plans - <br /> E. Comments from structural engineer <br /> F. Coxnments from landscape architect <br /> G. Orono City Code Sec. 78-123. Issuances [of variances]. . <br /> Background <br /> • The existing house on the property was constructed in 2002 to replace an older house. The <br /> house did not require variances.Near the shoreline the property drops 24 feet in as little as 25 <br /> feet. The slope ranges from 1:1 under the large tree on the edge of the slope (shown on the <br /> survey) to about 2:1 at the steps. Much of the slope is about 1.5 to 1. (The smaller the first <br /> number the steeper the slope. A 3:1 slope is considered the steepest slope that can be mowed <br /> or walked.) This slope was the basis for a 2002 variance that granted non-conforming status <br /> to an existing deck at the bottom of the lake access stairs. Photographs from that file show . <br /> that trees on the slope had been cut, apparently recently. <br /> Last fall, response to a complaint that lakeshore had been clear cut Staff investigated and <br /> located this property. Vegeta.tion had been cut on a substantial portion of the slope. Roots and <br /> stumps remained and there was no debris on the property. <br /> From subsequent conversations with the owner and a review of aerial photographs and <br /> topography, Staff pieced together a probable chain of events. The subdivision that created <br /> the lots on Pheasant Road was filed in 1945. The original houses appear to have been <br /> constructed in the ten yeazs following. There was much alteration of natural terrain during <br /> this time. The lagoon is a lot (mostly wetland) on the plat. The lots were regraded to <br /> accommodate houses and provide flat yards adjacent to the lake. T'he major elevations <br /> differences between this lot and the lots on either side were awkwardly handled. The <br /> elevation of this lot on the east side was probably raised. There is an abrupt drop at the <br /> property line. Fill was probably placed adjacent to the lake. The slope is unnaturally steep <br /> and straight. Any trees were removed during the re-grading. The created slope was too steep <br /> to plant trees or much else. Except for some spruce and pine trees adjacent to the stairs the <br /> trees on the slope are box elders. These volunteer trees are common on created or disturbed <br />