08-21-1995 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 21, 1995 • • • (#2 - M52 Doug Saris - Continued) Peterson and Lindquist questioned what would happen if a drainage problem did occur from the fill. Peterson also asked how the fill was done without a permit. Sams said when he moved in 1 -1 /2 years ago, he put his name on a list for clean fill. He followed instructions of his contractor and landscaped and sodded in August of 1994. He was notified this spring of the availability of the fill, and as a new homeowner, did not realize he was violating a rule. He was informed of the violation after the fill was delivered. Sams said he thought this was a continuation of the original construction. He added he was aware of the culvert. Smith asked what the lot looked like prior to the fill being added. Sams said he bought the 3 -acre lot in 1991. The last owner had cut alot of the dirt out and brought to another lot. Sams had been informed that the lot was partially excavated. Schroeder asked why the applicant, after being advised to stop with the fill, added more fill on top of the original load. Sams said the fill was available, and he added it knowing he was in violation. A letter received from Lyle Oman to the applicant informing him of the original violation was noted. Peterson said the Planning Commission would have to rely on the City Engineer to resolve the drainage issue. Schroeder said if the fill presented a drainage problem for the Moe's, the fill would have to be removed. Sams said he would be prepared to take the fill out if it was found to present a drainage problem for the Moe's. Mabusth said Gustafson advised that he did not believe filling on the Sams' property would have created retention or flooding problems on the Moe property. There were no public comments. Smith asked that Gustafson discuss the drainage problems with the Moe's. Peterson emphasized to Sams that no more fill could be added. Schroeder said a penalty should be assessed to the applicant. Sams said the amount of fill on his property now is all that he requires. He said he would mitigate the flow through the culvert and assist the Moe's, if necessary. Schroeder said if a problem is found to exist, it was created by the applicant.