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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, August 19, 2002 <br />6:30 o'clock p.m. <br />(#02-2816 ORONO MONTESSORI, INC., Continued) <br />Mabusth moved, Smith seconded, to approve Application #02-2816, a Conditional Use <br />Permit for Orono Montessori, Inc., 3800 West Wayzata Boulevard, for a daycare facility <br />and school subject to the staff conditions that the applicant obtain a DHS license and limit <br />the number of enrollees to 60 students. VOTE: Ayes 5, Nays 0. <br />Kuruvilla clarified that he would have 60 enrollees, plus the appropriate staff. <br />(#8) #02-2819 TIM DEVRIES, 2180 ABINGDON WAY, CONDITIONAL USE PERMIT <br />8:57 p.m. -9:45 p.m. <br />Jim Robin, Landscape Architect representing the Applicant, was present. <br />Gaffron explained that the applicants are requesting a conditional use permit to alter land in <br />excess of 500 cubic yards. The applicants are constructing a tennis court on the property and a <br />conditional use permit is required because the applicant is proposing to move 1,040 cubic yards <br />of fill. <br />Gaffron noted that the applicants own the property (Lot 6) and the adjacent vacant property (Lot <br />5). He pointed out that of the 1,040 cubic yards of fill to be moved; approximately 120 cubic <br />yards will be trucked from the site to another location, approximately 500 cubic yards will be <br />trucked to lot 5 and the remaining 420 cubic yards will be used as fill on lot 6 to construct the <br />tennis courts. <br />The tennis court will be located southeast of the residence and meets front and side yard <br />setbacks, the 26' setback from the delineated wetland on the property, and will be 180' from <br />Long Creek where a 100' setback is required for non-sewered property. Gaffron indicated that it <br />appeared that the plan did reflect a slight encroachment of fill into the 26' wetland setback area <br />at the south end of the court, and suggested that modifications be made to the plan which <br />incorporate a low retaining wall or other method to ensure this area remains undisturbed. <br />Gaffron acknowledged that recent WCA (Wetland Conservation Act) regulations show that areas <br />now defined as wetlands are more extensive on the site than those protected in 1983. Since the <br />subject property is serviced by an on-site septic system, staff reviewed the existing proposal and <br />found that it would not directly impact the system. Furthermore, the area being used for the <br />tennis court would likely not be suitable for a future septic site due to its proximity less than 75' <br />to the wetland. <br />Gaffron noted that staff did have concern with regard to the propos ed "Wetland Buffer <br />Mitigation" proposed directly downhill from the existing mound system and would recommend <br />that another buffer mitigation site be located that would not impact the mound. <br />PAGE 19 of28