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1VIINUTES OF THE � <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,August 20,2007 <br /> 6:00 o'clock p.m. <br /> (#06-3243 Richard Marzan,2795 Pheasant,Road, Continued) <br /> considered a legal nonconforming structure,which the property owner is allowed to replace under state <br /> statute. Turned noted the portion of the deck that extends out over the lake or is in the floodplain cannot <br /> be replaced. <br /> Kroeger inquired how the size of the deck would be reduced and where the exact location of the <br /> retaining wall would be. , <br /> Mastey demonstrated on the overhead how they are proposing to reduce the size of the landing and the <br /> location of the retaining wall. <br /> Kempf noted there is a large deck that currently exists on the property but that he views this proj ect as <br /> expanding a nonconformity. Kempf noted the City Engineer does not feel a retaining wall is necessary <br /> to stabilize the slope. Kempf sta,ted he is not in favor of the boulder wall and the expansion of the <br /> nonconforming structure since the City likes to keep things next to the lake as natural as possible. <br /> Kempf commented it is very unusual to have a deck of this size next to the lake and that he would not be <br /> in favor of expanding the deck beyond 180 square feet. <br /> In additibn,Kempf noted Exhibit F to the Planner's Report states that"The proposed planting and <br /> vegetation plan has a combination of large masses of woody shrubs extending from the top to the <br /> bottom of the slope with non-native perennials along the top edge between the slope and the proposed <br /> lawn. The shrubs proposed for use are native,but the proposed design is not consistent with the City of <br /> Orono's wetlands protection ordinance. No additional plantings are shown to the west of the proposed <br /> stairs. Given the plantings selected, a large portion of the visible slope would be mulched. Plantings <br />- should be designed to appear as natural in form as possible." Kempf stated based upon the comments of <br /> the engineer,this project should be revisited by the applicant. � <br /> Kempf inquired what the plan is for the azea west of the stairs. <br /> Marzan noted he appeared before the Planning Commission approximately eight months ago and that he <br /> has attempted to revise his plan to meet the direction of the City. Marzan stated he currently pays � <br /> $40,000 a year in taxes and that his land is washing away into the lake. Marzan stated it was his <br /> understanding the City does not approve of the elcisting wood decldng that is currently there and that he <br /> has also removed a boathouse as part of another project. <br /> Kempf stated the existing wood decking is okay,which is the 180 square feet. <br /> Marzan stated after the first step there is wood,no dirt,and then a bunch of rock piling and rip-rap. <br /> Marzan indicated they are attempting to remove all the wood and asked whether the Planning <br /> Commission is okay with the removal of the wood. � <br /> Kempf stated the 180 square feet is the wood and that portion is okay to replace. <br /> Marzan inquired what should be done with the dirt in that area. <br /> PAGE 4 <br />