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RESOLUTION NO. 645 A RESOLUTION GRANTING RICHARD KENNEDY A VARIANCE FROM THE ORONO ZONING CODE TO ALLOW FILL TO BE PLACED ABOVE THE 930 CONTOUR LEVEL, ALONG THE WESTERLY LOT LINE OF HIS PROPERTY, WITHIN THE 26 FOOT SETBACK FROM THE MARSH, BUT NOT TO EXTEND INTO THE MARSH ITSELF WHEREAS, Richard Kennedy applied for the variance from Sections 31.830 of the Orono Zoning Code, also known as Ordi- nance No. 125 as amended, to fill and grade a wetland area of his property, said property legally described as Lot 3, Block 1, Dicon Addition, and WHEREAS, the City Council and Planning Commission re- viewed the proposal on several occasions, and WHEREAS, the City staff had reviewed the proposed vari- ance and thereafter Richard Kennedy amended his initial appli-' cation to request a permit to fill and grade within 26 feet of• - the wetland and marsh area, and WHEREAS, the City Council and staff have reviewed the amended application on several occasions, NOW, THEREFORE, BE IT RESOLVED: That the applicant is granted the.•variance to allow fill.. to be placed within the 26 foot setback�of the marsh subject."- to the following conditions and regulations: 1. Prior to the placement of the fill the applicant shall do the following: a. Stake the entire area to be altered showing .the grade lines on the stakes, b. Construct a temporary earthen berm at the base of the existing slope to the marsh; the berm shall be placed between the enbankment and the existing earthen mound. The berm shall be constructed in such a way as to divert runoff into the existing pond during the grading operation.