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i9seREQUEST FOR COUNCIL ACTION ^ <br />DATE: February 5, 1996 ^ <br />ITEM NO. <br />// <br />Department Approval: <br />Name Jeanne A. Mabusth <br />Title Building & Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoninsz <br />Item Description: #2102 Howard and Lili McMillan, 1275 Lyman Avenue - Conditional <br />Use PermitA^ariance - Resolution <br />Zoning District:RR-IB (Property is not located within a Shoreland Overlay District). <br />Lot area = Approximately 2 acres <br />Application: Applicants seek approval of a conditional use permit and variance that would <br />allow the excavation of a .12 acre pond within a designated wetland. Spoils <br />from the excavation will be used to till a more graduated bank in place of the <br />existing 1:1 bank that requires a retaining wall for stabilization. The tilling will <br />be conducted within 26’ of the designated wetland. <br />Brief Review of Application <br />In the 197^ Orono Orchard Hiahland plat (Exhibit L), the final plat retlected the presence of <br />a wetland in the southeast cornier. The w-etland was not described in angles and bearings on <br />the final plat nor did the Citv obtain a flowage and conser\ation easement over the area. <br />Recent wetland delineations revealed the exact location of the Type 3 wetland and a Type 1 <br />wetland just 2-3’ to the west of the Type 3 wetland. Refer to Exhibit G, applicant’s surveyor <br />has located the designated wetland (Type 3) on the sur\ey. <br />The wetland is conticuous with the 30+ acre wetland and drainage system to the east and south <br />of the subject property. Tlie wetland area to be altered is in a transitional area ot the wetland <br />Purple I oosestrife is a dominant species within major portions of the wetland along with Reed <br />Canary Grass along the outer margins of the wetland. Purple Loosestrile and Reed Canary <br />Grass are invasive aquatic weeds that choke out the desirable native vegetation tissociated with <br />a healthv, tliriving wetland. Applicants have provided photographs of the entire wetland area <br />•md the'reviewing staff have completed an inspection of the property before the snowtall. I <br />s hoped with the" excavation along the e.xterior of the wetland and the replanting with special <br />wetland seed mixture that the Purple Loosestrife and Reed Canaiy Grass will be eliminated <br />Note the Corps permit (Exhibit W) suggests the difiiculty of eliminating Purple Loosestnfe and <br />recommends that either voung seedlings be removed from disturbed earth or applicants may <br />have to resort to an approved weed killer. It is the desire of the applicants to rid the portion <br />of wetland under their control completely of the invasive weed.