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To: <br />From: <br />Date: <br />Subject: <br />Chair Peterson and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />Jeanne A. Mabusth, Building & Zoning Administrator <br />January 10, 1996 <br />#2102 Howard and Lili McMillan, 1275 Lyman Avenue - Conditional Use <br />PermitA^ariance - Public Hearing <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 allow <br />the excavation of .12 acre ot open water area within a designated wetland (T% pe 3). <br />Spoils from the excavation will be used to create a graduated bank in place of the 1:1 <br />bank that requires a retaining wall for stabilization. The Code does not allow land <br />alterations within a designated wetland nor within 26' ot the wetland. <br />Pertinent Ordinances <br />1. <br />3 <br />Section i0.03. Subdivision 19 and 20 - Conditional use permit has been required as proposed <br />land alterations cannot be authorized under a stall-issued land alteration permit. <br />Section 10.55, Subdivision 8 - Pre’ =tion. The Code does not allow land alterations within <br />designated wetlands nor within of a designated wetland. Applicant proposes the <br />excavation of a . 12 acre open wate. .rea within a designated wetland of the Cit>' of Orono. <br />Spoils are to be . the filling of an adjacent bank. The tilling activities will be located <br />w'ithin the 26’ ‘back. <br />Requi = 26' <br />Proposed = 2±! from Type 3 wetland <br />Section 10.56, Subdivision 16 J, 5 (A-K) - Criteria to be used in eonditional use permits or <br />variances dealinu with grading and filling permits within a designated wetland. <br />List of Exhibits <br />A - Application <br />B - Applicant's Addendum <br />C - Review of Project <br />D - John C. Anderson Letter 1/3/96 <br />L - Plat Map <br />F - Property Oxvners' List <br />G - Gronherg Survey 10/18/95, Revised 2/1/96 <br />H-1- Construction Plan <br />H-2- Construction Plan - Revised 1/8/96 <br />l-I - J. Anderson Wetland De! leation Report