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Council approves retaining‑wall CUP and six‑month waiver at 1200 Wildhurst Trail with screening and timeline conditions
Summary
After extended questioning about after‑the‑fact construction and engineer reports, the council approved a conditional‑use permit and a waiver for the retaining wall at 1200 Wildhurst Trail, conditioned on additional native plant screening and a three‑month completion requirement; a separate variance for an on‑site shed was denied.
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The Orono City Council approved a conditional‑use permit (CUP) and a waiver of the six‑month resubmittal waiting period for an after‑the‑fact lakeside retaining wall at 1200 Wildhurst Trail, subject to conditions requiring additional native plant screening and a three‑month completion timeline.
Planning staff explained the application included a waiver of the six‑month waiting period and modifications to existing retaining walls so they meet the required 5‑foot setbacks; the applicant’s engineer certified the wall addressed erosion concerns. Homeowner Brian Roth told the council that engineers and contractors concluded the retaining wall "manages our grade changes and contributes to slope stability," and that he is willing to add screening. Several council members and neighbors pressed for proof of pre‑existing erosion, noting the engineering letter was produced after the wall was already built. One council member said the application risked rewarding after‑the‑fact construction; another said removing the wall could cause greater erosion. The council split on an initial motion but later approved the waiver and the CUP, 3–2, adding a requirement that staff and the applicant finalize more native plantings to screen the wall year‑round and that the remediation be completed within three months or face potential revocation of the permit.
Separately, the council denied an after‑the‑fact variance for a small lakeside storage shed at the same property after members raised concerns about winter sightlines and potential impacts if future owners remove screening trees. The denial passed by voice vote.
