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Surrounding Properties: The survey indicates the land alteration is located across the east property line. Craigbank Associates is the owner of the second property this pond has impacted. Mr. MacMillan is a percentage ow ner of that lot. Mr. MacMillan also owns the property located south of the pond. Existing topography restricts any view of the pond from other adjacent properties or the road. Preexisting pond: A small open water pond did exist, as shown on the site survey prior to the expansion. It is not clear whether the pond was natural or was dredged. The pond was located at the south end of anon-Orono wetland. In 1974 the City of Orono defined certain wetlands that were primarily Types 3,4, 5 and 6 as protected. Those wetlands identified by the City of Orono are protected and no land alteration is permitted within the wetland and the 26' around the wetland. Expansion of the pond occurred in a wetland that the City has not identified as protected. No variance is required for the expansion. Conditional Use Permit Standards: Section 10.09 Standards for Granting of a Conditional Use Permit The Planning Commission may recommend and the Council may grant a conditional use permit as the use permit was applied for or in modified form, if on the basis of the application and the evidence submitted, tlie City makes the following findings: 1. 2. 3. That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan. The Conditional Use is for land alteration of greater than 500 cubic yards. The land alteration has occurred in a wetland that is not an Orono protected wetland, therefore not requiring any variances. That the proposed location of ilic conditional use and the proposed condition under which it would be operated or maintained would not be detri**'vital to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; No fill has been placed within the wetland to change its capacity and normal water level. Staff has requested additional information regarding the grades within the pond. The depth at the ponds edge and center had not been provided as of the time of this report. It is believed the pond has a maximum depth of 6-7 feet. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. /^2569 W. Duncan MacMillan and William W'aldron 1860 Fox Street After-the-Fact Conditional Use Permit Apriin, 2000 page-2