01-16-1996 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16,199,6 0 (# 12 - #2100 Robert and Debra Edmunds - Continued) Schroeder inquired about the side setbacks. Bichanich said the side setbacks were at 101 . Mabusth said all side setbacks would be met. She added that the lot width variance is required because the existing house is being torn down and new construction is replacing it. There were no public comments, Lindquist moved, Smith seconded, to recommend approval of Application #2100 for lot width variance and CUP for fill to create walkout with recommendations 1 -3 as stipulated in the Staff memo. Vote: Ayes 4, Nays 0. ( #13) #2102 HOWARD AND ELIZABETH MCMILLAN, 1275 LYMAN AVENUE - CONDITIONAL USE PERMIT/VARIANCE - PUBLIC HEARING -10:49 -11:05 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicants were present • Mabusth reported that the conditional use permit and variance application involves the excavation of a pond within a designated City wetland. The pond is proposed at .125 acres, and the spoils from excavation will be used in the filling of a steep bank. The bank has been sustained by a retaining wall that is failing, and severe erosion is taking place. A letter from the City Engineer confirms that the proposed slope of bank will meet standards of DNR. A letter from a neighboring property owner favors the proposal. The property is located in the Orono Orchards Highlands plat approved in 1975. Mabusth said the City did not obtain a flowage and conservation easement over the wetland within applicant's property. The original wetland is approximated at the 958' elevation. Recent wetland testing has revealed a type 3 wetland immediately adjacent to the 958' between the 958' and 960' elevations. Type I wetlands are also present. Mabusth reported that applicants have submitted an amended pond drawing. The Engineer said the 12' of rise in 100' is acceptable for the restored bank and found little potential for erosion. Mabusth asked that the wetland be defined at the 958' elevation to include the newly defined type 3 wetland to the west of the 958' elevation. She also noted that the type I wetlands must also be protected. Corp of Engineer and MC" approval is also required. Mabusth said Engineer Gustafson has approved the seeding of a prairie restoration mix similar to the MnIDOT mix, which would also be used in disturbed areas of wetland and upland areas. • 19