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Prom: <br />Date: <br />Mayor Grabek and Orono Council Members <br />Planning Commission Chairman Kelley <br />Orono Planning Commission Members <br />City Administrator Bernhardson <br />Jeanne A. Mabusth, Building & Zoning Administrator <br />March 4, 1987 <br />Subject: #1118 City of Orono, 2500 Sixth Avenue North - <br />Vacation of Drainage & Utility Easement - Public Hearing <br />Pertinent Section of the Ordinances: 10.12 <br />List of Exhibits <br />Exhibit A - <br />Exhibit B ~ <br />Exhibit C - <br />Exhibit D - <br />Exhibit E - <br />Exhibit F - <br />Exhibit G - <br />Exhibit H - <br />Exhibit I - <br />CMIC Request Letter <br />Original Drainage Plan <br />Engineer's Plan of Alternatives <br />Cook's Report <br />Conditional Use Permit - Resolution 1685 <br />Document No. 4944171 <br />Flowage and Conservation Easement Document No. 4944172 <br />Public Hearing Notice <br />Property Owners List <br />Plat Map <br />Background Information on Application: <br />In 1984, the City approved a comprehensive drainage project for the <br />subject property. Lot 3, and the adjacent property to the east. Lot 2 <br />(review Exhibit B). The properties at that time were under single <br />ownership. Leekly, Inc. was the contracting firm that developed b^th <br />sites. The proje«"t consisted of the installation of a retention pond on <br />the east. Lot 2, chat would drain to the west to another proposed retention <br />pond on Lot 3. The plan provided for overflow drainage to run from the <br />proposed second pond on Lot 3 south along a dra.nage swale to the drainage <br />ditch at Cvunty Road 6. The pond on Lot 2 was installed in 1984 with <br />overflow urainage channeled through underground tiles under an existing <br />driveway and surfacing at the east border of Lot 3. The pond on Lot 3 was <br />never constructed and currently, the drainage, now above ground, flows <br />westward to swale area and then south to County Road 6 drainage ditch. <br />Review of Current Application: <br />The current owner of Lot 3, Construction Mortgage Investors, Co., does <br />not plan to install the pond to the north of the residence and wants <br />release from any obligations stipulated in the original conditional use <br />permit and the Conservation and Flowage Easement taken over the proposed <br />drainage area by the City. Staff has advised the owner that pei tne Code <br />(Section 10.09, Subdivision 8 "A conditional use permit shall lapse one <br />year following the date on which it became effected"), that is if a permit <br />for the pond construction was not issued by October 15, 1985, the original <br />conditional use permit was no longer valid on Lot 3.