07-12-1999 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR JULY 12,1999 (#4) #2488 GREGG AND THERESA KEOHN, 4455 NORTH SHORE DRIVE - • VARIANCE - Continued Peterson moved, Kelley seconded to amend the motion to approve a 5' side yard variance, a 15' street setback, allow a 10 z 18' structure, and require the removal of the cement slab. VOTE: Ayes 4, Nays 0 (Flint abstained). Jabbour commented that if the Council wants everyone to have the chance to have a two -car garage, the ordinance should mandate in the hardcover calculation that an area for a two -car garage will be subtracted on new construction. ( #5) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD - VARIANCE AND CONDITIONAL USE PERMIT Rick Luzaich, Applicant, was present. Weinberger stated that this past Spring, the City was made aware of tree removal occurring on the property located at 2490 Old Beach Road. The tree removal included trees located within the 75' setback of the ordinary high water level of Lake Minnetonka and along a steep slope. He displayed a diagram showing where the clear cutting occurred. The City did issue a stop work order, but it was after the trees had been removed. The stop work order occurred prior to the removal of any of the stumps and any regrading that was proposed to occur. Weinberger reviewed the ordinances covering tree removal. Part of the code addresses • g g intensive vegetation clearing and does not allow intensive vegetation clearing within 75' of the shoreline or on steep slopes within the shoreland area. Tree removal within 75' of the lakeshore requires a permit from the City. Nearly the entire area is within 75' of the shoreline or on a steep slope. Shortly after the stop work order was issued, staff met with a landscaper hired by Mr. Luzaich to discuss the proposed landscape plan. Weinberger displayed a plan reviewed by the Planning Commission in May 1999. The plan consisted of a series of retaining walls on the slope and would have required major grading along the entire steep slope. The Planning Commission tabled the application and recommended that the applicant work with staff to develop a plan that didn't require grading or retaining walls. The Planning Commission also wanted to see the plan demonstrate restoration of the types of vegetation removed, not what appeared on the landscape plan. The plan did not reflect what was removed from the site and did not show any mature trees being replaced. The City then retained Dr. Peter Bedker, a consulting forester, to complete a site analysis of the property and make recommendations for staff and for the property owners. He looked at the site to determine the types of soils, the slope and the types of trees that had existed on the property. Dr. Bedker compiled a list of recommendations and estimated the value of the removed trees at $48,000. He recommended that an adequate replacement would be 29 trees of 2" caliper to be spaced 25' apart. He also recommended 4" to 4 1/2" caliper trees at the top • Page 10