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iP II iiii'iyifl^wy'Lj^-./ ••; • I- . ,I- :.- -^--:v*i%i|||^•.-.otv > •> <br />Tos Planning Commission Chairman Kelley <br />Orono Planning Commission Members <br />City Administrator Bernhardson <br />FroBs Michael P. Gaffron» Asst Planning & Zoning Administrator <br />DBte:November 9, 1988 <br />Subject: #1351 Jensen Homes, Inc./Alfred & Ingrid Harrison, <br />KIO Shoreline Drive - <br />Vacation of Conservation and Flowage Easement - Public Hearing <br />Application - Vacation of a portion of a Conservation and Flowage Easement <br />that is no longer needed. <br />Zoning District - LR-IA <br />List of Exhibits <br />Exhibit A <br />Exhibit B <br />Exhibit C <br />Exhibit D <br />Exhibit E <br />Application <br />Plat Map <br />Property Owners List <br />Survey <br />Resolution #1844 & Phase I Plan From 1985 Approval <br />Pertinent Pacts ~ <br />1.During staff review of applicants' proposed tennis court, it became <br />apparent that the tennis court was to be located less than 26' from <br />the existing Conservation and Flowage Easement for a pre-existing pond <br />on the property. However, it was further determined that as a result <br />of the pond regrading approved in 1985, the existing easements and <br />boundaries no longer were applicable. <br />Staff approved the permit for the tennis court only upon receipt of <br />the formal application for the vacation of the unnecessary portion of <br />the Conservation and Flowage Easement for the pond area. The setback <br />from the tennis court to the newly proposed pond easement greatly <br />exceeds the 26' minimum requirement. <br />3.The applicants* surveyor has provided legal descriptions for the <br />portion of the drainage easement to be vacated and for the portion of <br />the drainage easement to remain. <br />Discussion - <br />Please review the Phase I grading plan that was approved in Resolution <br />#1844, in 1985. The regrading resulted in creation of a generally <br />rectangular pond with a uniform slope uphill to a terrace, where the tennis <br />court is now located.. <br />Note that the pre-existing drainage easement had been created in 1982, <br />prior to the regrading of the pond. Since the pond was completed, the <br />drainage easement has never been revised, hence this is an appropriate time <br />to make the adjustment. <br />IWIII nm <br />Zoning Fi <br />November <br />Page 2 of <br />Note <br />property <br />of constr <br />Staff Rec <br />Staf <br />Conservat <br />after the <br />revised t <br />Conservat