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To: Planning Commission Chairman Kelley <br />Orono Planr.in4 Commission Members <br />City Administrator Bernhardson <br />From: Jeanne A. Mabusth, Building & Zoning Administrator <br />Date: July 14, 1988 <br />Subject: #1300 Anthony Eiden 2290 & 2340 Abingdon Way <br />- Conditional Use Permit - Variance - Public Hearing <br />Zoning District - RR-lB <br />Area - 4+ acres <br />Pertinpnt Ordinances - <br />Section 10.03, Subdivision 19 Applicant requires a Conditional Use Permit <br />to excavate a pond located within the shared lot line of two residential <br />lots owned by the applicant. Lot 8 contains applicants homestead and Lot 9 <br />is currently undeveloped. The dredging of the pond exceeds the 100 cubic <br />yards standard. <br />Section 10.55, Subdivision 8 No filling, grading, dredging, excavation is <br />allowed within 26' of a designated/protected wetland area. <br />Required = 26' <br />Propcsed = 20' <br />Variance = 6' or 23% <br />List of Exhibits <br />Exhibit A - Application <br />Exhibit B - Property Owners List <br />Exhibit C - Plrit Map <br />Exhibit D - MCWD Permit Applicant <br />Exhibit E - Cook Letter <br />Exhibit F - DNR Wetlands Map <br />Exhibit G - Original Proposal <br />Exhibit H - Current Proposal <br />Review of ]application <br />The applicant proposes the installation of a pond (aesthetic/wildlife) <br />approximately 50' wide and with approximately 230' of length. The pond <br />will be constructed with 3:1 bank ratios at a 4' depth. The original plan <br />showed the encroachment of a designated wetlands protected with flowage and <br />conservation easements taken with the Abingdon Glen plat. Review Exhibit <br />G. In addition, review Exhibit F, the southeast portion of the proposal <br />was also encroaching a DNR protected wetlands. As Cook's letter notes in <br />reviewing the original plan, Exhibit E, the pond should be reduced in size <br />to eliminate excavation in the designated wetlands area. If applicant <br />chose to continue with the application seeking encroachment of the wetlands <br />area, staff would have to ask the applicant to also file a permit <br />application with the DNR_ <br />In consideration of the conflicts with the designated wetlands and the DNR <br />protected-4etlands, the applicant chose to have his engineer redesign the <br />pond so hat it no longer encroaches the protected wetlands area. Review <br />Exhibit H. The excavation of the pond now located 20 from tYe protected <br />