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04-28-1997 Council Packet
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04-28-1997 Council Packet
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Description of RequestThe applicants obtained the site at 2540 Casco Point Road in October of 1995. In 1996, they began construction of a new house on a previously vacant lot. The new residence required a conditional use permit for fill importation to raise the lot to a suitable elevation to prevent basement flooding. The applicant has removed debris from the lot including the pond area and has received a permit from the Minnehaha Creek Watershed District to excavate the pond area. The applicant has stated <br />that he did not realize that he also need a conditional use permit for excavating the pond, however. <br />Resolution #3762 set forth the conclusions and conditions for granting the original conditional use <br />permit for fill importation. The site plan that was submitted for the fill importation did not show that <br />a pond would be excavated on the site. <br />The proposed wildlife pond may be located in a floodway or flood fringe area. The applicant s <br />drawing shows the lowest elevation of the pond at 826.0 feet. Any excavation in either a floodway <br />or flood fringe area requires a conditional use permit. <br />Issues for Consideration <br />Although the applicant has received a permit from the Watershed District to excavate the pond, a <br />conditional use permit from the City of Orono is also required. <br />The existing ponding area is located in the 100' right-of-way for Casco Point Road. The applicant <br />has flagged the two monuments that determine the property line along the road easement, that show <br />that the pond encroaches into the right-of-way. The pond is far enough from the road bed that it <br />should not cause damage. Further, the 100' right-of-way is larger than standard. Most right-of-ways <br />are 66'. <br />Staff Recommendation <br />Staff recommends that this application be approved subject to: <br />1. <br />2. <br />The applicant shall grade the slopes around the pond to a ratio of 3 to 1 or less. <br />The applicant shall maintain the pond in a manner that does not adversely impact the <br />right-of-way and roadway. <br />U2205, 2540 Casco Point Road <br />Allen Schefers-C. U.P. for excavation <br />page-3 <br />April 16. 1997
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