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City of Orono <br />Planning Commission May 13,2003 Page 2 <br />Orono has a rich history as horse country, and it was this tradition and history upon <br />which we based our decision to purchase this property. While our three horses are stabled in <br />Delano another one in Buffalo, it has been our intention to pasture our horses on the grassy <br />knoll on our Orono property, intermittently but especially prior to weekend horse activities to <br />save us hours of transit time.' <br />If we are not permitted to improve the muddy path to permit pasture of our horses, our <br />purpose for purchasing the property will be frustrated. More significantly, however, an <br />inappropriately strict application of standards to preclude this permitted historic use will <br />represent a continuation of the degradation of this rich Orono tradition and a departure from <br />the city plan calling for maintaining Orono’s rural character. <br />Since this matter was tabled by the Commission, .ve have had the opportunity to find <br />answers to various questions raised by the Commission. Specifically: <br />(1) DNR <br />The DNR staff has resurveyed the access path and determined that the path is above <br />the high water mark of French Lake and a DNR permit is not required. They have <br />determined that the path is 12 feet wide and lies entirely above the high water mark. <br />The DNR representative reported that the DNR therefore has no jurisdiction or <br />objection. <br />(2) Watenhed District <br />The Watershed District representative has inspected the site. Based on that <br />inspection, the Watershed District proposes adding a topping to rehabilitate the <br />present access and mitigation. The attached drawings set out the necessary <br />rehabilitation plan and mitigation, which we understand meet the expressed <br />requirements of the Watershed District. (Please note that the greatest amount of <br />“construction" is the digging to create new wetland, which would be double the size <br />of the path to be topped off. In effect, we are creating more wetland than we are <br />affecting.) <br />We also wish to address some of the clear misunderstandings expressed in written <br />materials submitted by others who neither appeared at the initial hearing nor contacted us to <br />obtain accurate information. From what we can tell, one letter writer has little or no view of <br />the knoll due to leafing trees, and is an extensive distance from the hill. Another letter writer <br />from Rainy Road has no view of our property whatsoever. A third letter seemed unaware of <br />how little we are trying to do in repairing our access. One concern centered on setting a <br />precedent but failed to account for the fact that the reasons for the variance are specific to this <br />knoll and our ability to use it safely for a I'crmitted use. The letter writer does not seem to <br />understand that horses, being “prey" animals, coexist peacefully with wildlife. <br />' Hones need protection. They frighten easily and run when they do. We need the ability to safely bring them <br />onto the hill in an enclosed space. For security and other reasons they should be located away from the <br />driveways and road. Our use of horses is low impact and docs nut involve commercial purposes. <br />'i <br />jj