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' Item 2 <br /> Date Application Received: 06/23/l6 ���� <br /> Date Application Considered as Complete:O8/03/16 <br /> 60-Day Review Period Expires: 10/02/16 <br /> � � <br /> S'�, : <br /> C� <br /> To: Chair Thiesse and Planning Commission Members `q'�ESH��� <br /> Jessica Loftus, City Administrator <br /> From: Mike Gaffron, Senior Planner <br /> Date: August 11, 2016 <br /> Subject: #16-3848 Peter Johnson o/b/o Michael &Janelle Shields, 364 Westlake St. <br /> - Condirional Use Permit (After-the-fact) <br /> - Public Hearing <br /> ----------------------------------------------------------------------------------- <br /> Zoning District: LR-lA, One Family Lakeshore Residential, 2.0 acre/200' width <br /> Lot Area: 62,242 s.f. (1.43 ac.) <br /> Lot Width: 250+ feet at 75' lake setback line <br /> Applicatio� Sum�naiy: The applicants are requesting after-the-fact approval of a <br /> conditional use permit (CUP) for a 4' high retaining wall located less than 2' from the <br /> side lot line and within a dedicated drainage and utility easement. <br /> Staff Recomniendatio�i: Planning Department Staff recommends approval with <br /> conditions. <br /> Pertinent Code Sections <br /> Sec. 78-966 thru 78-968 —Land Alteration Standards <br /> Sec. 78-1405(a)(5.1)c.—Nonencroachments <br /> List of Exhibits <br /> Exhibit A. Application <br /> Exhibit B. Narrative <br /> Exliibit C. As-Built Survey/Site/Grading Plan <br /> Exhibit D. Approved Survey/Site/Grading Plan <br /> Exhibit E. Photos <br /> Exhibit F. Pertinent Code Sections <br /> Exliibit G. Sample Encroachment Agreement <br /> Exliibit H. Property Owners List <br /> Exhibit I. Plat Map <br /> Background <br /> The applicants are requesting after-the-fact CUP approval for construction of a 4' high <br /> retaining wall located less than 5 feet from a side lot line,which is considered as an"unusual <br /> land alteration"' requiring a conditional use permit per Orono Zoning Code Section 78- <br /> 967(b)(3), and which does not meet the standards for being considered as a non- <br /> encroachment under Section Sec. 78-1405(a)(5.1)c. The wall is approximately 80 feet in <br /> length and located within a dedicated drainage and utility easement. The wall was <br /> constructed by the owners' landscapers but was not installed according to the approved site <br />