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o <br />TO:Chair Lindquist and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM: <br />DATE: <br />Jeanne A. Mabusth, Building & Zoning Administrator <br />October 17, 1996 <br />SUBJECT: #2183 Charles L. Kramer, 2990 Somerset Lane - Conditional Use Permit - <br />Public Hearing <br />Zoning District: RR-IB <br />Lot area = 2.43 acres (1/2+ acre of T>pe 7 wetland not classified as a designated wetland per <br />wetland.miq>s of the City) <br />Application: Applicant has filed a conditional use permit that would allow the dredging of open <br />water areas within the two. Type 7 wetlands within his homestead parcel. Lot 4. The alteration of <br />wetlands not protected by the City ordinances will not require variance approval. The following <br />ordinance is pertinent for this review: <br />1.Section 10.03, Subd. 19 - Conditional use permit is required for land alterations involving <br />earth movement in excess of 100 cubic yards. The proposed land alteration involves the <br />excavation and filling of over 500 cubic yards of material. <br />List of Exhibits <br />A - Application <br />B - Plat Map <br />C - Property Owners List <br />D - MCWD Permit <br />E - Gustafson Report <br />F - Covenant of Dedication - Wetland Protection Involving <br />Old Crystal Bay Road Addition and 2nd Addition <br />G - Proposed Improvement Plan <br />H - Preliminary Plan Locating Type 7 Wetland <br />1 - Filling and Mitigation Plan for Old Crystal Bay Road 2nd Addition <br />J - DNR Wetland/Type 7 <br />Description of Request <br />Applicant proposes the dredging of two Type 7 wetlands on his homestead property and placing <br />spoils within adjacent Lots 2 and 3 also owned by applicant. Review Exhibits G and H, filling <br />within Lot 3 is being placed very close to the Type 11 wetland. The engineer has asked that prior to <br />the placement of fill that applicant's surveyor stake the edges of wetland to ensure adequate distance <br />is maintained from wetland area. Engineer's report recommends a 26' setback. This is a setback <br />required for all land alterations adjacent to protected wetlands of the City. We recommend a <br />TT rum