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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ (#06-3218 Julie Morison-Arne, Continued) Addition in the City of Orono, Hennepin County, Minnesota, and Vacating Drainage and Utility Easements within Lot 1, Block 1, and Lot 1, Block 2, Countryside Manor 2nd Addition. VOTE: Ayes 5, Nays 0. 8. #06-3243 RICHARD MARZAN, 2795 PHEASANT ROAD – CONDITIONAL USE PERMIT AND VARIANCES – RESOLUTION NO. 5656 Richard Marzan, Applicant, and Stephen Mastey, Landscape architect, were present. The applicant distributed colored plans of their proposal. Turner stated the applicant is requesting a conditional use permit for retaining walls within the 75 foot lakeshore setback, a hardcover variance for the retaining walls and a patio and pier within the 0-75 foot zone, and a variance to permit intensive vegetation removal within the 0-75 foot zone. This property contains a very steep and unstable lakeshore shore that is approximately 24 feet from top to bottom. The vegetation removal variance would allow the unstable steep lakeshore slope on the property to be cleared of weeds and scrub trees and replanted with native plant material. The planting would extend about ten feet back toward the house from the top of the slope. This would stabilize the slope. The property has a non-conforming 180 square foot on grade lakeshore deck on a small lakeside shelf. A short section of retaining wall holds back the slope adjacent to part of this shelf. The proposed patio would replace, relocate and expand the lakeshore deck. The proposed retaining walls would replace the wall and extend it to the west past the steps. The shelf would be enlarged by about 32 square feet west of the steps. Two 2-foot by 2-foot by 4-foot high piers would be placed at the lakeshore to moor the deck. At its August meeting the Planning Commission voted 3 to 1 to recommend denial of the hardcover and lakeshore setback variances for the patio, deck, and second pier. The proposal has been revised to delete the deck. The patio has been reconfigured and reduced in size to 280 square feet. The second pier remains. In addition, the Planning Commission recommended approval of the vegetation removal variance subject to modification of the replanting plan to address the City Engineer’s comments. The applicant has revised the planting plan to address the City Engineer’s comments. The slope is proposed to be planted in native prairie plants. Plantings on the flat area at the top of the slope would be native shrubs. Perennials would be planted along the lake edge of the lakeside shelf. The Planning Commission also recommended approval of a conditional use permit and associated hardcover to allow only reconstruction of the existing block retaining wall. The length of the proposed retaining wall has been reduced. Two sections of retaining wall are proposed adjacent to the new stairs. Two large spruce trees will have to be removed but the retaining wall sections would allow two significant trees to be preserved. Mastey addressed the City Council regarding their project, noting that they would like to remove the invasive vegetation and replace it with some native plantings. Mastey stated they have brought in PAGE 7 Item #02 - CC Agenda - 09/24/07 Approval of Council Minutes 09/10/07 [Page 7 of 18]