08-20-2007 Planning Commission Packet

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FILE 06-3243 August 20,2007 Page 4 of 5 would be set about 18 inches into the slope. Hardcover and Setback Variance—Deck The Applicant proposes a 535 square foot deck and walkway constructed on cast-in-place cement pillars over the slope. This deck would be as close as five feet to the lake. Intensive Vegetation Removal Variance� The Applicant proposes to remove all the existing vegetation on the slope east of the steps. Trees would be cut at ground level. Remaining vegetation would be destroyed with a non- selective herbicide appropriate for use near water. The slope would be replanted with native plant materials. Hardship Statement Applicant should be asked for testimony regarding the application. Hardship Analysis In considering applications for variance, tl:e Planning Commission shall consider the effect of the proposed variance upon the healtl:, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire,risk to thepublic safety, and tlie effect on values ofproperty in the surrounding : area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions wil[be in keeping with the spirit and intent of the Orono Zoning Code. Issues for Consideration � Hardcover Variances and Lakeshore Setback Variance: The Commission should refer to the Orono Code Section 78-123 (E�ibit G). Conditional Use Permit: In granting conditional use permits for new retaining walls in the 0 to 75 foot setback Council has required a finding by the City Engineer that the walls are necessary to stabilize the slope. The engineer's comments indicate the wa11s are not needed for sta.bility. ` Vegetation Removal Variance: The prohibition against vegetation removal protects the lake from erosion and protects vegetation that enhances the view from the lake. Nearly all the existing vegeta.tion on the slope is, in the broad sense of the word, weeds. But toward the top of the slope to the east of the stairs is a cluster of evergreen trees. The very large silver maple at the top of the slope would remain. The engineer's comments indicate that if vegetation is properly re-esta.blished the slope will be stabilized. The landscape architect's comments indicate that while the materials proposed are native, the proposed arrangement is not naturalistic. There are no standards for slope restoration. The Applicant was directed to utilize native plant material on the slope to � minimize maintenance and promote survival as well as enhance the view from the lake.