07-08-2002 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 17,2002 6:30 o’clock p.m. alteration on the property over SOO cubic yards. The project required clear cutting the slope and depositing 3,280 cubic yards of fill, the purpose was to create a gradual slope rather than the existing steep drop from the immediate back yard of the house. The source of the fill was the Orono Woods apartment building located at the northwest comer of Highway 12 and Brown Road. At the time of the approval, Weinberger explained that the property owner stated that some existing less maturejrees would be removed with the intent to replant once the fill was placed on the hillside. Additional trees were to be added to the property where existing trees could not be used. The hillside was not to be a maintained lawn area that is mowed, but was to be left to restore itself naturally. Weinberger noted that during routine inspections of the propert>' it was determined that the amount of fill placed on the hillside had exceeded what was allowed by the Conditional Use Permit. The City of Orono requested the property owner have a new survey completed to indicate where the land elevations had changed and by how much. The new survey completed by Gronberg and Associates, dated 6/6/02, confirmed the land alteration not only encroached beyond the project area, but went beyond the property lines onto adjacent properties. Staff also identified areas where the fill had been added within 26’ of the protected wetland.. Weinberger continued that staff sent correspondence ordering Mr. Stephenson to correct the property; however, the May 16,2002 deadline was not met. MCWD also had issued a stop work request. Instead, Mr. Stephenson requested the opportunity to apply for an after-the-fact conditional use permit to permit aoditional land alteration beyond the previous approval, combined with a joint application including neighboring property owners, and an after-the-fact variance to permit the deposit of fill within 26’ of a wetland. With regard to land alteration, Weinberger referred to Exhibits B, C, and D that illustrate what the land alteration conditions are comparing the pre-existing, approved, and actual elevations of the hillside. The elevation of the backyard is 966 ’, with the lowest wetland elevation of 938’. The total drop of the hillside is 28’. Weinberger stated that the approved plan indicated an overall slope would be decreased to a 4:1 slope, pointing out that t>'pically the City requires grading projects to have a finished slope of at least 3:1. Since the City of Orono requires a 26 ’ setback to wetlands, Weinberger stated that the proposed grading PAGE 15 OF 42