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MINUTES OF THE ORONO PLANNING COMMISSION <br />MEETING HELD ON AUGUST 21, 1995 <br />{fiZ - #2052 Doug Sains Continued) <br />Peterson and Liixiquist questioned what would happen if a drainage problem did occur <br />from the fill. Peterson also asked how the fill was done without a permit. <br />Sams said when he moved in 1-1/2 years ago, he put his name on a list for clean fill. He <br />followed instructions of his comractor and landscaped and sodded in August of 1994 He <br />was notified this spring of the availability of the fill, and as a new homeowner, did not <br />realize he was violating a rule He was informed of the violation afrer the fill was <br />delivered. Sams said he thought this was a continuation of the original construction. He <br />added he was aware of the culvert. <br />Smith asked what the lot looked like prior to the fill being added. Sams said he bought the <br />3-acre lot in 1991. The last owner had cut alot of the dirt out and brought to another lot. <br />Sams had been informed that the lot was partially excavated. <br />Schroeder asked why the applicant, after being advised to stop with the fill, added more <br />fill on top of the original load Sams said the fill was available, and he added it knowing <br />he was in violation. A letter received from Lyle Oman to the applicant informing him of <br />the original violation was noted. <br />Peterson said the Planning Commission would have to rely on the City Engineer to resolve <br />the drainage issue. <br />Schroeder said if the fill presented a drainage problem for the Moe's, the fill would have to <br />be removed. Sams said he would be prepared to take the fill out if it was found to present <br />a drainage problem for the Moe's. Mabusth said Gustafson advised that he did not believe <br />filling on the Sams' property would have created retention or flooding problems on the <br />Moe property. <br />There were no public comments. <br />Smith asked that Gustafson discuss the drainage problems with the Moe's. <br />Peterson emphasized to Sams that no more fill could be added. <br />Schroeder said a penalty should be assessed to the applicam. <br />Sams said the amount of fill on his propertv’ now is all that he requires. He said he would <br />mitigate the flow through the culvert and assist the Moe’s, if necessary. <br />Schroeder said if a problem is found to exist, it was created by the applicant.