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To: <br />From: <br />Chairman Schrocder and Orono Planning Commission Members <br />Ron Moorsc, City Administrator <br />Michael P. Gaffron. Assistant Planning & Zoning Administrator <br />Date: <br />Subject: <br />April 13. 1994 <br />#1918 James K. and Julie Ann Lynch/Daniels, 1225 Orono Oaks Drive <br />Conditional Use Permit/Variance (Renewal) - Public Hearing <br />Application: Renewal of conditional use permit and variance granted in 1988 for construction <br />of drivewav <br />Piertinent Code Sections <br />1. Section 10.55, Subd. 8 - Prohibits filling within wetland or within 26 ’ of a wetland. <br />2. Section 10.55, Subd, 10 (B) - Requires a conditional use permit for work in a tlood <br />fringe district. <br />List of Exhibits <br />A - Application <br />B - Plat Map <br />C - Property Owners ’ List: <br />D - Survey <br />E " Resolution No. 2413 <br />F - Staff Memo 4-21-88 <br />Summary <br />The subject property is Lot 7, Block 1, Orono Oaks, one of the few vacant lots remaining <br />in that subdivision. In 1987 a variance and conditional use permit was granted to the previous <br />owners. Mr. and Mrs. McCaffrey, for construction of a driveway through the wetland between <br />the cul-de-sac and the high ground (see survey. Exhibit D). They proceeded to construct such <br />a driveway, but thousands of yards of fill Just sunk away and no driveway was ultimately <br />deemed possible at that location. <br />They then requested and were granted a variance and conditional use permit for <br />construction of a driveway on the adjacent Lot 8, which at that time was owned by the developer <br />of the subdivision, Gerald Neslund. This driveway encroached the 26 ’ wetland setback, <br />including fill right up to the edge of (but not into) the wetland. The driveway was only rough- <br />graded, and never completed, nor was the required 24" culvert installed. <br />The McCaffreys at that time ran into financial problems and eventually lost the lot. It <br />has been purchased by the Daniels ’ and they are requesting a renewal of the variance and <br />conditional use permit for construction of the driveway through Lot 8.