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REQUEST FOR COUNCIL ACTION <br />DATE: Janu^ 19. 1995 <br />t-A. <br />rrp <br />ITEM NO.:^ <br />Department Approval: <br />Name Jeanne A. Mabusih <br />Title Building & Zoning Administrator <br />Administrator Reviewed:Agenda Sectiofn:/ <br />Zoning <br />Item Description: M19S9 William Stoddard, 2605 Kelly Avenue - Conditional Use Permit - <br />Resolution <br />Additional Exhibits <br />O - Applicant ’s Letter of 1/9/95 Addressed to City Officials <br />P-1-8 Acknowledgements from Eight Neighbors Approving Proposal Subject to <br />Directives of MCWD, Department of the Army/Corps of Engineers and the City <br />of Orono Permit <br />Brief Review of Application <br />In the summer of 1994, applicant received approval for a conditional use permit that <br />would allow the restoration of a guest house on his property. During the remainder of the <br />summer he obtained the necessary permits from the MCWD to allow restoration of the shoreline <br />involving rip rapping and a sand blanket. For the past year he has also been working with the <br />Public Works Department regarding the flooding problems adjacent to his property at Kelly <br />Avenue along with his plan to relocate his driveway. His goal was to relocate the curb cut <br />further north away from the flooding area and to provide an additional ponding area for surface <br />runoff retention. The pond itself will have minimal effect on the flooding problems in the area. <br />The Engineer notes in his report. Exhibit H, that the proposed pond will have no impact on <br />proposed Kelly Avenue storm water improvements, review Exhibit L. The proposed pond will <br />be located to the immediate nortl. of the improvement project. <br />Planning Commission was concerned that although the area is not designated as a wetland <br />nor is it a protected wetland of the DNR, Watershed District or Corps, they noted that a wetland <br />exists there today. They added that there are cattails and signs of other wetland-type vegetation. <br />The Type 1 wetland has been created by the seasonal flooding of the applicant s street yar <br />during the spring and summer months. The Planning Commission objected to the creation of <br />a 60’ X 60’ decorative pond in the street yard so close to the roadway. They would not approve <br />a decorative pond for this location and recommended that applicant pursue installing a Type 3 <br />wetland which would be considered an upgrading of the existing Type 1. Members wanted to <br />discourage the manicured lawn-type look and to maintain the natural wetland-type look adjacent <br />to the roadway consistent with other surrounding Kelly Avenue properties. They discouraged <br />the use of boulders and recommended that applicant continue to work with the Public Works