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1. <br />2. <br />3. <br />4. <br />5. <br />This application was reviewed as Zoning File #2569. <br />The properties are located in the RR-IB Zoning District. <br />A small open water pond did exist prior to the expansion. It is not clear whether <br />the pond was natural or was dredged. The pond was located at the south end of a <br />non-Orono wetland. In 1974 the City of Orono defined certain wetlands that were <br />primarily Types 3, 4, 5 and 6 as protected. Those wetlands identified by the City <br />of Orono are protected and no land alteration is permitted within the wetland and <br />the 26' around the wetland. Expansion of the pond occurred in a wetland that the <br />City has not identified as protected. No variance is required for the expansion. <br />City of Orono Staff observed on February 14, 2000 that excavation had occurred <br />on properties located at 1880 Fox Street and 1700 Fox Street for construction of <br />pond without obtaining permits from the City of Orono. <br />The Planning Commission reviewed the conditional use permit request and <br />recommended approval by a vote of 5 to 0 based on the following findings: <br />A. The pond has not added any fill or decreased the storage capacity of the <br />wetland. <br />B <br />C. <br />The applicants will enter into an agreement to ensure full restoration of <br />natural vegetation around the pond. The property owners have agreed to <br />grant a ^ onservation and flowage easement over the entire wetland area, to <br />include die pond. <br />The proposed conditional use is in accordance with all other provisions of <br />the Municipal Code. <br />• -r 6. <br />D. All excavated material was removed from the property at the time of <br />construction. <br />The City Council finds that granting a conditional use permit to permit excavation <br />of greater than 500 cubic yards for a pond construction within a non-Orono <br />Page 2 of 7