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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, May 19,2003 <br />6:00 o’clock pjn. <br />(M) «03-2869 DR ROBERT GUMMT, 1100 OLD CRYSTAL BAY RO.U),----------- <br />CONDITIONAL USE PERMIT AND VARIANCE, 6;10-7:42 P.M. <br />Dr. Robert Gumnit and Francis Graham, the applicants were present, as were their <br />representatives, Attorney Robert Mcller and Paul Hudalla, of Schoell and Madson. <br />Mabusth explained that the applicants were requesting the following to reconstruct an <br />existing gravel pathway through wetland to access a 1.8 acre island of land on their <br />property: <br />1. Variance: hardcover within the 0 to 75’ setback zone from the OHWL of <br />French Lake where no hardcover is permitted (pathway reconstruction); <br />2. Variance: grading, filling and excavating within 75’ of the OIIWI. of French <br />Lake where no grading, filling or excavating is permitted (pathway <br />reconstruction and wetland mitigation); and <br />3. Conditional Use Permit: movement of more than 500 cubic yards of material <br />Within the shorcland overlay district (pathway rcconstniciion and wetland <br />mitigation). <br />In addition, Mabusth indicated that the applicants were also requesting the following to <br />pcmiit keeping horses on an intermittent basis on the island of land on their property: <br />1. Variance: cgricultural u.se (grazing of horses) within 150’ of the OIIWI. of French <br />Lake where no agricultural use is pennitted; and <br />2. Variance: a wire fence w ithin 150’ of the OlIWL of French Lake where no fences are <br />pennitted. <br />Mabusth reported that this application was tabled at the Fcbniary-19, 2003 Pianning <br />Commission by a vote of 6 to 0. The applicant was directed to discuss the proposal further <br />with the Minnehaha Creek Watershed District, the Department of Natural Resources, <br />opposing property ow ners within the neighborhood and to revise the proposal according to <br />the Planning Cominission s comments. She noted that the applicant had taken the Planning <br />Commission’s advice and discu.ssed the proposal with the MCWD and DNR. However, he <br />has chosen to move forward with the same plan as re\ iew ed in February, w ith clarification <br />of some of the concerns voiced at the meeting. <br />For discussion, Mabusth stated that the application was two pronged; to permit <br />reconstruction of a I2 ’X 120’ gravel pathway for the property owners to access an island of <br />land on their properly; and to allow horses on an intermittent basis on the island. <br />With regard to the keeping of horses. Mabusth explained that horses are permitted <br />accessory use in the RR-IB zoning district. Since Nvo acres of pasture are required for the <br />first horse and 1 acre for each additional horse kept on the property, assuming that all 8.36 <br />acres arc available for pasture, the applicants would be permitted up to 7 horses on t! <br />property. <br />PAGE 2 of 39