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Item #02 - PC Agenda - 08/15/2016 File #16-3848 [Total Pages 22] PC Exhibit B Narrative Description of Conditional Use Permit Ap lid cation Mike and Janelle Shields ("the Shields") recently constructed a new home on their property at 364 Westlake Street in Orono (the "Shields Property"). They are requesting a Conditional Use Permit (CUP) allowing them to maintain an existing retaining wall within 5 five of their common property line shared with Robert D. Erickson (the "Property Line"). Robert Erickson's property is at 372 Westlake Street (the "Erickson Property"). The boulder wall is approximately 80 feet long, extending from the Property Line corner ("Property Corner") approximately 20 feet to the west, and 60 feet to the south. The wall is located entirely on the Shields Property and is less than four feet in height over its entire length. The wall is accurately depicted on the survey drawing that has been submitted as part of this application. The retaining wall was constructed approximately one foot from the Property Line by a subcontractor working for LDK Builders, Inc., and encroaches upon a perimeter drainage and utility easement that benefits the City of Orono. The current drainage and utility easement extends five feet either side of the Property Line. Drainage flows for both the Shield's Property and the Erickson property are enhanced by the current location of the retaining wall and are significantly better than drainage patterns that would exist without the wall, or with a re -located wail. Specifically, the wall minimizes the amount of surface flow from the Shields Property onto the Erickson Property since permits surface runoff from the Shields' driveway to be sheet drained across the Shields Property rather than running onto the Erickson Property. The current location of the retaining wail also enhances the privacy and control for both property owners since it is located at the dividing line between the properties and creates a natural separation without creating an orphaned area owned by the Shield's but more easily accessible from the Erickson Property. In lieu of removing the retaining wall, the Shields request a CUP under which the City's future use of the easement is not impaired. Conditions for said permit could include execution of an.Agreement by the Shields agreeing that the City is not obligated to restore or repair the wall in the event the City acts to use or modify the area of the easement now covered by the retaining wall. Alternatively, said agreement could include the grant of a substitute easement area which is not covered by or impaired by the existing wall. Future City use or modification of the easement area that conflicts with the current location. of the retaining wall seems unlikely. The perimeter easement terminates at the shoreline of Lake Minnetonka 171 feet south of the Property Corner.