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To.- Planning Commission Chairman Kelley <br />Orono Planning Commission Members - <br />City Administrator Bernhardson `'� U' hrtwi� <br />From: Jeanne A. Mabusth, Building & Zoning Administrator <br />pate: 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 />Pertinent Ordinances - <br />Section 10.03, Subdivision 19 Applicant requires a Conditional Use Permit <br />to excavate a pond located within the shares :nt line o•. 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 exneeds 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 />Proposed - 20' <br />Variance - 6' or 23% <br />List of Rxhibits <br />Exhibit A - Application <br />Exhibit B - Property Owners List <br />Exhibit C - Plat 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 90' 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 11 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 wetlands, this applicant chose to have his engineer redesign the <br />pond so that it no longer encroaches the E rotected wetlands area. Review <br />Exhibit H. The excavation of the pond now located 20' from the (rotected <br />