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Date Application Received: 06/23/16 <br />Date Application Considered as Complete: 08/03/16 <br />60 -Day Review Period Expires: 10/02/16 <br />To: Chair Thiesse and Planning Commission Members <br />Jessica Loftus, City Administrator <br />From: Mike Gaffron, Senior Planner <br />Item 402 - PCAgeltern 2- <br />0811512016 File #16-3848 [Total <br />Pages 22] <br />Date: August 11, 2016 <br />Subject: #16-3848 Peter Johnson o/b/o Michael & Janelle Shields, 364 Westlake St. <br />- Conditional Use Permit (After -the -fact) <br />- Public Hearing <br />Zoning LR -1A, One Family Lakeshore Residential, 2.0 acre/200' width <br />District: Lot 62,242 s.f. (1.43 ac.) <br />Area: 250+ feet at 75' lake setback line <br />Lot Width: <br />Application Summary: 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 Recommendation: Planning Department Staff recommends approval with <br />conditions. <br />Pertinent Code Sections <br />Sec. 78-966 thru 78-968 — Land Alteration <br />Standards Sec. 78-1405(a)(5.1)c. — <br />Nonencroachments <br />List of Exhibits <br />Exhibit A. Application <br />Exhibit B. Narrative <br />Exhibit C. As -Built Survey/Site/Grading Plan <br />Exhibit D. Approved Survey/Site/Grading <br />Plan Exhibit E. Photos <br />Exhibit F. Pertinent Code Sections <br />Exhibit G. Sample Encroachment Agreement <br />Exhibit 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 />