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I <br />> <br />r ' <br />o <br />cn <br />• i <br />■■ . jA . r^J’ . ^ <br />■JT - 'M <br />■ > <br />ITO:%FROM:DATE:%!Vlayor Callahan and Orono Councilnictnbers Ron Moorse, City Administrator ' ~ v>Jeanne A. Mabusth, Building & Zoning Administrator ' cjf*- *^o. VFebruary' 18, 1993 VSUBJECT: #1799 Albert and Sally Hanser, 1685 Fox Street - Conditional Use Permit/Variance - Public HearingBrief Review of Application <br />Applicants were required to file a conditional use permit for land alterations proposed in <br />excess of 100 cubic yards. I^nd alterations were required by the Minnehaha Creek Watershed <br />District permit during tnt '•eview of the three lot subdivision application requiring the installation <br />of a sediment pond of a T depth. The Conser\'ation and Flowage Easement taken over the <br />drainage casement area requires that the City approve all land alterations within the protected <br />area. <br />As land alterations for a pond were already required by the Watershed District, the <br />additional extavaricn:; to approximate 5’+ would create no additional impact on area. The <br />sediment pond would now have standing water rather than just the periodic runoff created during <br />wet seasons. The City Engineer has confirmed that the additional depth will b.ave no impact on <br />the functioning of the pond as a sediment control/trap. <br />In 1992 the City of Orono t iled a conditional use permit variance application dealing with <br />road improvements for Fox Street that involved the expansion of the existing road bed and the <br />filling of the adjacent wetlands on the north and south side of road. The DNR permit requires <br />that the City provide a compensatory excavation for mitigation purposes within the immediate <br />watershed. The applicants have been asked to consider allowing the City to excavate to the <br />edges of the drainage easement to a 1’ depth to allow for the 21,000 s.f. area needed to mitigate <br />the filling of the wetland. <br />The issue for the applicants was whether the mature trees within the drainage easement <br />could be presen'cd as a re.sult of the City’s excavations. Shawn Gustafson of the City <br />Engineer’s office has advised that it was the Engineer’s intention all along to preserve the more <br />mature trees located along the edges ot the drainage easement. <br />The Planning Commission recognized the need for applicants to proceed during the cold <br />winter months also noting that any e.xcavation proposed widiin the protected area should be <br />completed within the w inter months and advised that if applicants were agreeable and it the City <br />could arrange to meet the requirements of the DNR pennit in time to jointly proceed with the <br />proposed land alteration that this may not conflict with applicants ’ schedule.