07-14-2003 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 23,2003 7:00 o’clock p.m. (Ml-2714 FREDERICK PUZAK, Continued) In order to provide direction to his architect, Puzak questioned whether he could work within the original hardcover and setback variance approvals. There was consensus among the City Council that he be allowed to work within the original parameters of his first application for hardcover and setback variances to construct a 3 or 4 bedroom home, based on the septic information. 4. 403-2869 DR. ROBERT GUMNIT, 1100 OLD CRYSTAL BAY ROAD SOimi- CONDITIONAL USE PERMIT AND VARIANCE - RESOLUTION NO. 4996 Gaflron explained that the applicants were requesting the following to reconstruct an existing gravel pathway through wetland to access a 1.8 acre island of land on their property: 1. Variance: hardcover within the 0 to 75’ setback zone from the OHWL of French Lake where no hardcover is permined (pathway reconstruction); 2. Variance: grading, filling and excavating within 75’ of the OHWL of French Lake where no grading, filling or excavating is permitted (pathway reconstruction and wetland mitigation); and 3. Conditional Use Permit; movement of more than 500 cubic yards of material within the shoreland overlay district (pathway reconstruction and wetland mitigation). In addition, Gaffron indicated that the applicants were also requesting the following to permit keeping horses on an intermittent basis on the island of land on their property: 1. Variance: agricultural use (grazing of horses) within 150’ of the OHWL of French Lake where no agricultural use is permitted; and 2. Variance: a wire fence within 150’ of the OHWL of French Lake where no fences are permitted. Gaffron reported that the Planning Commission recommended bv a 6 to 0 vote to approve the variances and conditional use permit to reconstruct an existing gravel pathway through a wetland to access an island of land on his property with the following conditions: 1) Permit approval from the Minnehaha Creek Watershed District be required prior to construction on the property 2) Review and approval from the City Engineer is required prior to construction on the property 3) The property owner would have the ability to routinely maintain the pathway, as approv^. However, Gaffron explained that the Planning Commission recommended by a 3 to 3 vote to approve the variances to permit keeping of horses on the island of land on his property on an intermittent basis with the following conditions; 1) No more than 4 horses for a period of two weeks at a time and no more than 20 weeks out of a calendar year w ould be permitted on the island 2) Fencing may be located no closer than 26 ’ from the 011WL of French Lake Gaflron pointed out that an issue for discussion was the status of the wetland as part of the French Lake basin versus merely a wetland with a smaller open water lake in the center of it. Prior to 1992 when the DNR established the lake basin, Gaffron explained that the City had allowed structures to be built up to the 26 ’ wetland setback line. Adoption of the Shoreland Ordinance in 1992 established a 150’ setback requirement, making a number of homes nonconforming and severely r.\GE4ofl5 i: < !