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Home My WebLink AboutResolution 1211 e � � c�t o� oR,oNo • � RESOLUTION OF THE CITY COUNCIL • NO. �:�� • � • • A RESOLUTION APPRUVING A CONDITIONAL USE PERMIT AND VARIANCE FOR LOUIS & BEVERLY SMERLING WHEREAS , the Planning Commission and Council have reviewed at length an application by Louis & Beverly Smerling to install certain retaining walls and accomplish certain grading on propert•y located at 2683 Casco Point Road; and ��vHEREAS, said proposal entaiis site �iteraLicn on an empankmert witnin 75 ft. of Lake Minneton:�a, which work requir�s a variance to Section 31. 830 et. seq. of the Flood P1ain Management Section of the Orono P�Iunicioal Code ; and ' t�7HEP.EAS, said proposal entails site gra�ing and retaining wall construction not a part o= a normal buildinq permit, which work requires a conditional use permit pursuant to Section 31. 700 of the Orono Municipal Code; and • WHE REAS , some of the above work was undertaken prior to application �or tne r2quired permit and/or varia,.ce ar.d has been suspended oe:?ding the ourcome oi this application, NObv, THEREFORE , BE IT RESOLVED, thar based upon Planning Co��unission and City Staf� research and tn? in`ormatior. supplied by t:�e applicant, the City Council hereby makes `ne `o1lo�aing findings of fact: l . The �merlir.g property su�fered a Tajor mud slide in 1973 where a 32 ft. X 40 �t. section of the lakeshore bank slid into tne 1a:c� . 2 . The area oi tne slide lies en}�re1y within 75 ' of tne larie , below the level of the lakaside la,an ana at an angla of about 60 degrees. � 3 . Because of the actual loss of soil and vege'tation and the steepness of the bank, a mechanical soil r�cention s,�ste�^ i� necessary to s`abiliza t��e bank and �re:-1�� ur��e� erosion and siltation or tne iake . 4 . The apolicant originally proposed cons�ruction of an enti�°ly C0:1Ccd�2'a, llI1C°_��?r0�1f1C1 grid S,�S�2t'l iOr 5011 rer�ntion. Sin�.e this system: would not be a visible structure within 75 ft . �� =he lake , the original ar��lica�ion was only �or a conditional � u�e pe�it per Section 31 . 700 . No site grade alteration was �roUOSed. PAGE�OF� e � clt o� oR,oNo � • RESOLUTION OF THE CITY COUNCIL • NO. ��.� • - • • 5. The City Engir_eer ' s review of the subsurface proposal stated tnat "it would anpear that the construction proposed in Mr. Kelly' s letter would have minimal benefit in preventing erosion" . The Council ' s approval of this design on 8-14-79 was made in fu11 knowledge of this caution but was in hopes that the subsurface design would be sufficient. " 6 . A building permit was issued on the basis ot t:"�e above approval . 7 . A site visit by the City Inspector on May 15, 1980 - revealed an exposed wooden retaining wall in place not in accordance with the approved conditional use permit. A stop work order was placed on the premises. 8 . Smerling thereafter reapplied for a variance and amendment to the original application to allow keeping of the wood walls • stating that upon actual construction his contractor had reverted to tne design originally recommended by the City Engineer in his 1979 plan review. 9 . On September 22 , 1980 Planning Commission reviewed the inplace work and the engineer' s recommendations and recommended approval or a variance to Section 31. 830 and 34 . 201 finding that the actual ban:� slippage and steepness of the grade constituted a hardship such that an exposed retaining wall was necessary to properly stabilize the bank from erosion. l� . The Council finds tnat the inplace wood retaining walls are the minim�:.^� necessar_y to acccmplis�� erosion and slippage control on the subject 'r�ar.'.�. 11 . The Council finds that wood plank retaining walls such as erected on this property do not constitute "hardcover" as regulated by Section 34 . 202 because there is effectively no width or thickness to the wall as there would be with flat (railroad tie) timbers or masonry walls . 12 . The applicant should have reapplied for a variance and amended t�1an revie�� prior to accomplishing the wor;c, but that the work has been completed ard al1 veqetation has been restored thereby reducing the time o= exposed soii and reducing � _�� ,�y;v i --,n r!dZdrC. . PAG E °2 O F� q T � Clt� o� ORONO � RESOLUTION OF THE CITY COUNCIL • N O. 1�� • � • • 13 . The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 14 . The granting of permits including a variance to authorize the work will not in any way impair the public �'l�dl.�ii� Sai2��'� COIiiLOY'�.� �<<orals Or y2:i�rdl welfa-re � ilOL' the value or security of adjoining properties. 15 . The granting of the permits will not be contrary to - the intent of the Comprehensive Land Use Plan or the Zoning Code. 16 . The granting of tne variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrated hardships or difficulties to allow • correction of the e�isting problems and to secure the interests of abutting property owners in maintaining the value and security of their property. FURTHER�'�10RE , BE IT RESOLVED, that based upon the foregoing findings the City Council hereby affirms the conditional use permit issued on August 14 , 1979 and the variance for such inplace work as conceptually granted at the September 29 , 1980 Council meeting accord?ng to the �ollowing conditions : l. No furtner retaining walls shall be constructed without orior application and approval thereLore according to the applicable ordinances or the Citv. 2 . The inplace wa11s sha11 be minimized in height by cuttir_g of all vertical posts flush witn. the top of the horizontal planking . 3 . All exposed earth sha11 be sa=isfactorily sodded or seeded to control and prevent erosion, with stee�er portions of the emban'.�ment to receive addi�ional vegetation havinq deep root systems. 4 . Vegetation sha11 be es�ablished betore November l , 1980 in front of tne walls with the intent that the natural grow'�n �ai11 cover and obsc��::-e �;is=�?'�t-.r of the .aa1_�_s wl:en � _ , :_- - - "-- '_-_ ,_, . vi= =r,,ra - PAGE -3 OF 7 � , � Cit� o� ORONO � RESOIUTION OF THE CITY COUNCIL • No. /::� %l . - . . 5. Failure to satisfactorily complete the work shall be considered a violation of the zoning code punishable as a misdemeanor as provided therein. 6 . The applicant shall sign this resolution as an agreement to c � lete the work ccording to these conditions. � / - �l� . ' %.`�, L � I�� .�,�� Lour Smerling � Date � � � � � Beverly Smerlinc Date Adopted by the City Council of the City of Orono on the 14th �a1, o� Oc-�J=��- , 1980 . • ------------------ - ��`�\�, , � ,��_ T�iilliam an i�lest, �Ia��or Mary C. Butler, Acting ylayor ATTEST: L/�!�� - -- - --- Walter .. Benson, City Adriinis�.rator � PAGE�OF�