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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, March 15. 2004 <br />6:00 o ’clock p m_____________ <br />(«14. #<04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, <br />VARIANCES-Continucd) <br />formerly used on the north side of the wetland. That access w as on pr.\ ate properly, and the <br />owner recently converted it to lawn area The City has long held that the City has an obligation <br />10 provide reasonable access to the interior roads on the island for the occasional serv ice vehicle, <br />and for the needs of the few inland properties that do not abut the lakeshore <br />The driveway will constitute filling of 25 cubic >'ards of grav el m tlie 0-75' zone, requiring a <br />CUP, and will constitute approximately 750 s f or 12*;* impervious surface in the o*75’ zone. <br />These impacts are unavoidable in order to provide suitable access, and have been niininiized by <br />limiting the width of the dnvew ay to 10’ <br />With passage of the WCA, the Minnehaha Creek Watershed District w as designated by the City <br />as the responsible Local Government Unit (LGU) for administering tlie WCA regulations. These <br />regulations provide degrees of flexibility for certain t>pes of wetland alteration activities, w Inch <br />are seen as positive ratlier than delnmcntal, and they provide for mitigation of negative impacts <br />when they are unavoidable. <br />The appropriate applications are being made to the MCWD <br />before the project may commence. <br />MCWD approval shall be required <br />Gaffron noted that this application w as prepared by Public Serv ices Director Greg Gappa w ith <br />the assistance of John Smvih, W'atcr Resource Specialist wit’.i Boncstroo & Associates, the City’s <br />engineering and environmental consultants <br />Because wetland alterations are not allow ed by Orono CcKle except by variance, the activity is <br />required to be justified via tlie demonstration of a hardship. The commission w as asked to review <br />the hardship statements w ithin the application packet The need for access to inland properties is <br />a valid hardship that supports this variance request. The locations of the few access points to the <br />island were platted a century ago, before motorized vehicles were common. The access points <br />generally were platted at low points in the topography, for obvious reasons This is one of the <br />only potential access points for the north half of the island, and the proposed w ork is necessary <br />from a public a safety standpoint, as well as to prov ide access to mland lot owners Access <br />cannot be provided wiihoui work in the 0-75’ zone. <br />Gaffron stated that staff recommends approval of the variances and CUP to allow the wetland <br />alteration and driveway construction project, including filling of a portion of the w etland, <br />excavation withm 26' of the w etland, and filling and hardcover within the 0-75’ setback zone per <br />the revised plan, subject to establishment of a Conserv ation and Flow age Easement over the <br />w etland, a:^ subject to MCWD permit approvals pnor to commencement of constiucuon <br />activities. <br />Page 41 of 48