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MINUTES OF THE REGULAR ORONO COUNCIL MEETING <br />HELD APRIL 13, 1992 <br />ZONING FILE #1721 - CONT. <br />Mabusth noted that the area was further west and there is a <br />drainageway and expansive wetland that acts as a natural barrier <br />to protect this property from trespassing. <br />Jabbour stated that a recent major subdivision within the City of <br />Minnetrista has proposed extensive dredging to provide riparian <br />rights and felt the LMCD should be notified of the City of Orono's <br />position on this property. <br />Mabusth noted they would send a copy of the final resolution <br />approving the plat. <br />Howell questioned the reference to riparian rights. <br />Butler explained that the current owners may not consider the <br />property as having riparian rights, but future owners may consider <br />the prospect. <br />Howell asked if they were not setting themselves up for that to <br />happen by requesting a 200' width at the shoreline. <br />Jabbour noted that was why he ,asked about platting the lot to <br />Tanager Lake but was informed that area is a marsh. <br />` Gronberg asked if the water level were to go down to allow for a <br />26' setback to the tennis court, if it could be considered a <br />conforming structure. <br />Mabusth noted that any improvements to the tennis court would need <br />to be approved by the City as it is considered a non - conforming <br />structure, but in the future the applicant could present facts that <br />may reflect differently. <br />Jabbour felt they should not encourage the applicant to consider <br />alternatives to reduce the water in that area, and stated that <br />there has always been a problem with Fox Street and it should not <br />be top priority of the Public Works Department to maintain the <br />culvert under that roadway to ensure the tennis court be maintained <br />In a dry area. <br />It was moved by Callahan, seconded by Butler, to adopt Resolution <br />#3107 for Application #1721 for Albert Hanser of 1685 Fox Street, <br />granting preliminary subdivision approval. Ayes 5, nays 0. <br />j <br />7 <br />