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Council Exhibit D <br />L <br />W <br />FREDRIKSON & BYRON, E A. <br />Attorneys and Advisors <br />AffttiiiUi: <br />Mexico City <br />Winaw <br />Montreal <br />Toronto <br />Vancouver <br />900 Second Avenue South <br />Minneapolis, MN 55402-3397 <br />(612) 347-7000 <br />FAX (612) 347-7077 <br />U"vv\%-.fredlaw.com <br />Direct Dial No. <br />(612) 347-7146 <br />gmunson@fredlaw.com <br />July 3,2002 <br />Barbara Peterson, Mayor <br />City Council Members <br />Attn: Paul Weinberger, Zoning Administrator <br />2750 Kelley Parkway <br />P.O. Box 66 <br />Orono,MN 55323-0066 <br />Dear Mayor and Council Members: <br />I represent Revis Stephenson, III with respect to his application for an amended conditional use <br />permit relating to fill placed on his property, and with respect to his variance request to address <br />fill which arguably encroaches in the wetland buffer area. <br />Initially, the City of Orono granted Revis a conditional use permit to conduct a fill project in his <br />backyard to eliminate steep and dangerous slopes, both for safety issues, and to avoid excess <br />erosion and runoff Upon completion of the project conducted pursuant to the CUP, it became <br />apparent that some of the fill encroached on the previously delineated wetland buffer, and <br />beyond his property line, and that the final slope was very slightly off the 3 to 1 ratio required. <br />Therefore, this request for an amendment to the CUP and for a variance is before you. <br />ANAI YSIS OF RELEVANT FACTS <br />Afier obtaining the required CUP for the proposed fill project, Revis undeilook and completed <br />the project. Upon City inspection, discrepancies were noted between the completed project and <br />the approved project. <br />1. Wetland Buffer : Under the approved project, no fill was to be placed within 26 feet of the <br />adjacent wetland, as required by City Code. While some fill was unintentionally placed within <br />the buffer area associated with the previously delineated wetland, it has now been determined <br />that no encroachment exists. The initial wetland delineation was performed during the winter, a <br />time which environmental scientists concur is inappropriate for such a delineation due to the <br />frozen conditions. Revis recently retained Peterson Environmental Services to confirm the <br />previous delineation of the wetland. The recent delineation is not totally complete, but initial <br />work suggests that the wetland, and the related buffer area, lie substantially fUrther towards the <br />wetland, and away from the fill area than indicated in the first delineation. That result suggested