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R . <br /> REQUEST FOR COUNCIL ACTION <br /> Date: July 17, 2001 <br /> Item No.: 9 <br /> Department Approval: Administrator Approval: Agenda Section: <br /> Zoning <br /> 1�1ame: Michael P.Gaffron <br /> Titie: Planning Director <br /> Item Description: John Fleischhaker, 2845 Little Orchard Way <br /> Lakeshore Vegetation Restoration - Plan Approval <br /> List of Exhibits <br /> A-Vegetation Restoration Plan <br /> B - Buckthorn Informational Materials <br /> C - Preservation Easement Excerpts <br /> D - Photos of site <br /> Existing Easement <br /> Two of the three lakeshore lots on the plat of Little Orchard are subject to a"Tree, Woodland and <br /> Vegetation Preservation Easement" �r-hich limits the removal or trimming of vegetation within <br /> certain wooded areas near the shoreline. These limitations were established as part of the original <br /> plat in 1998, intended to preserve the natural wooded view of the bluff and the shore as seen from <br /> the lake. The property at 2845 Little Orchazd Way is subject to the Preservation Easement. <br /> Easement Violation -Background <br /> Permits for construction of a new home for Roger Wikner at 2845 Little Orchard Way were issued <br /> to Kyle Hunt&Partners in June 1999. Early into the construction process,Wikner discharged Hunt <br /> and a new permit was issued in December, 1999 to Skarphol Construction to finish the home.During <br /> the fall/winter of 1999/2000, Wikner apparently asked Skarphol to do some clearing of buckthorn <br /> and other understory vegetation along the slope between the house and the lake,including areas that <br /> were protected by easement, but leaving many of the larger overstory trees in place. In the early <br /> spring of 2001, Wikner sold the residence (still under construction) to John Fleischhaker. <br /> In May 2001 Fleischhaker applied to the MCWD for a permit to rip-rap the shoreline. During her <br /> site inspection for that permit, Barb Moeller of MCWD noted the vegetation clearing and advised <br /> the City of a potential violation,since she was awaze of Orono's tree removal regulations. On May <br /> 4, City staff visited the site and concluded that there technically was a violation of the easement <br />