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• • ih° Date Application Received: 09/23/09 Date Application Considered as Complete: 09/24/09 60-Day Review Period Expires: 11/23/09 To: Chair Kang and Planning Commission Members From: Melanie Curtis, Planning & Zoning Coordinator J �/ Date: 14 October 2009 Subject: 09-3431, Peter Johnson on behalf of Wagener Properties, LLC 3165 North Shore Drive • Conditional Use Permit - Grading • Public Hearing Zoning District: LR-1B, One Family Lakeshore Residential District Lot Area: 1.5 acre (65,658 s.f.) Lot Width: 173' at the shoreline, and 149' at the 75' setback Application Summary: The applicant is requesting a conditional use permit to conduct land alterations in excess of 500 cubic yards in order to restore the property to its previous, pre-development grades. Staff Recommendation: Planning Department Staff recommends approval of the conditional use permit in accordance with the City of Orono regulations and the City Engineer's recommendations. Pertinent Zoning Ordinance Sections Sec. 78-911. Purpose Sec. 78-916. Granting of permit Sec. 78-966. Land Alteration Sec. 78-1286(e). Topographic alterations/grading and filling List of Exhibits Exhibit A - Application Exhibit B - Applicant Submittals Exhibit C - Proposed Survey and Grading & SWPP Plans Exhibit D - Fill Calculations by Gronberg &Assoc Inc. Exhibit E - City Engineer Memos Exhibit F - Aerial Views — by Staff Exhibit G - Property Owners List Exhibit H - Plat Map Background In 2006, previous owners had received a building permit and associated land alteration permit in order to redevelop the property and construct a new residence. After the City issued the building permit the previous owners abandoned the project. Wagener Properties LLC is the new owner of the subject property and has requested a conditional use permit in order to restore the grade of the property. A new residence is not proposed at this time and the property owner proposes to remove the existing blacktop driveway.