08-15-1988 Planning Minutes - Laserfiche WebLink

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MINOTBS OF THE PLANNING COMMISSION TING HBIJ) AUGUST 15, 1988 ZONING FILE #1309 CONTIN1 should be the responsible party. The applicants were not aware of the drainage problem and were told that everything had been handled. Kelley asked applicants if they were familiar with Orono's ordinances pertaining to land within 75 feet of the lakeshore. Applicant stated that they discovered the ordinances when the project was nearly complete. The applicants' landscaper was present and stated he had worked within the City of Orono before, but did not realize that ^t was necessary to obtain a grading permit to install a pond. The landscaper stated that he did not change the grade in the flood plain. Mabusth indicated that there were changes in the grade when fill was placed on the south side of the pond. Kelley recommended tabling the application so the applicants could work with the City Engineer to correct the problem. Applicant stated that there is something wrong with government when people can purchase a piece of property with no indication that it is located within a flood plain. They had no idea there would be restrictions pertaining to 75* within the lakeshore. Bellows stated that she felt the applicants' agents involved with the purchase of the property were not thorough. Applicant stated that they were aware there was a swale and a runoff problem, but they did not know that they required City approval to correct the problem in the manner they chose. Applicant stated that they lost two 20* pine trees due to root rot. Last summer they had significant dead grass and mosquito larva. They felt that the best way to deal with the unsightliness and runoff was to install the pond. This solution is working. He stated that he wished he had known that Lyman Lumber was supposed to correct the problem, it would have saved them significant money. There are currently two other pine trees that are threatened. They were informed by various landscapers that something had to be done immediately to channel water away from them or they would lose them also. Applicant stated that he had brought some of the filter fabric that underlies the boulders with him. He offered to demonstrate for the Commission members how it allowed water to run through. He could not understand how the use of such fabric would not be acceptable to the City. He stated that this fabric was a new product. There were no comments on behalf of the Commission and applicant stated that he would not take the time to demonstrate. Applicants' neighbor to the south, Douglas Lohmar, stated that he wanted to correct the misunderstanding on behalf of the Planning Commission. A certificate of occupancy was given to the a person renting 1629 Bohn's Point Road, prior to Nelsons purchasing the home. Mr. Lohmar complained about the drainage and the certificate of occupancy was voided. The City Engineer came out and agreed that water was not draining off of the Lohmar's driveway. A 1' trench and a large area of the front yard were dug to alleviate the problem. All of the drainage