04-21-1997 Planning Packet - Laserfiche WebLink

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Description of Request The 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 e.xcavate the pond area. The applicant has stated that he did not realize that he also need a conditional use permit for excavating the pond, however. Resolution #3762 set forth the conc.usions and conditions for granting the original conditional use permit for fill importation. The site plan that was submitted for the fill importation did not show that a pond would be excavated on the site. The proposed wildlife pond may be located in a floodway or flood fringe area. The applicant ’s drawing shows the lowest elevation of the pond at 826.0 feet. Any excavation in either a floodway or flood fringe area requires a conditional use permit. Issues ‘‘or Consideration Although the applicant has received a pennit from the W’atershed District to excavate the pond, a conditional use permit from the City of Orono is also required. The existing ponding area is located in the 100' right-of-way for Casco Point Road. The applicant has flagged the two monuments that detemiine the property line along the road easement, that show that the pond encroaches into the right-of-w'ay. The pond is far enough from the road bed that it should not cause damage. Further, the 100’ right-of-way is larger than standard. Most right-of-ways are 66 ’. Staff Recommendation Staff recommends that this application be approved subject to: 1. The applicant shall grade the slopes around the pond to a ratio of 3 to 1 or less. 2. The applicant shall maintain the pond in a manner that does not adversely impact the right-of-way and roadway. U2205. 2540 Casco Point Road Allen Sche/ers-C. U.P for excavation page —3 April 16. 1997 .i