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s. <br />To:Chair Peterson and Orono Planning Commission Members <br />Ron Moorsc, City Administrator <br />From:Jeanne A. Mabusth, Building & Zoning Administrator <br />Date:January 10, 1996 <br />Subject:#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 of open water area within a desigi^ated wetland (Type 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’ of the wetland. <br />Pertinent Ordinances <br />1.Section 10.03, Subdivision 19 and 20 - Conditional use permit has been required as proposed <br />land alterations cannot be authorized under a staff-issued land alteration permit. <br />Section 10.55, Subdivision 8 - Prohibition. The Code does not allow land alterations within <br />designated wetlands nor within 26' of a designated wetland. Applicant proposes the <br />excavation of a .12 acre open water area and designated wetland of the City of Orono. <br />Spoils are to be used in the filling of an adjacent bank. The filling activities will be located <br />within the 26' setback. <br />Required = 26’ <br />Proposed = 10£ from Type 3 wetland <br />Section 10.56, Subdivision 16 J, 5 (A-K) - Criteria to be used in conditional use permits or <br />variances dealing with grading and filling permits. <br />List of Exhibits <br />A - <br />B - <br />C - <br />D - <br />E - <br />F - <br />G - <br />H-1- <br />Application <br />Applicant's Addendum <br />Review of Project <br />John C. Anderson Letter 1/3/96 <br />Plat Map <br />Property Owners' List <br />Gronberg Survey 10/18/95 <br />Construction Plan