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To: Planning Commission Chairman Kelley <br />Orono Planning Commission Members <br />City Administrator Bernhardson <br />71ron: Michael P. Gaffron, Asst Planning & Zoning Administrator <br />Date. November. 9, 1988 <br />Subject: #1351 Jensen Homes, Inc./Alfred & Ingrid Harrison, <br />1410 Shoreline Drive - <br />Vacation of Conservation and Flowage Easement - Public Hear4_i,g <br />Application - Vacation of a portion of a Conservation and Flowage Easement <br />that is no longer needed. <br />Zoning District - LR-lA <br />List of Exhibits <br />Exhibit A - Application <br />Exhibit B - Plat Map <br />Exhibit C - Property Owners List <br />Exhibit D - Survey <br />Exhibit E - Resolution #1844 & Phase I Plan From 1985 Approval <br />Pertinent Facts - <br />1. During staff review of applicants' proposed tennis court, it became <br />apparent that the tennis court was to be located less than 26' from <br />the existing Conservation and Flowage Easement for a pre-existing pond <br />on the property. However, it was further determined that as a result <br />of the pond regrading approved in 1985, the existing easements and <br />boundaries no longer were applicable. <br />2. Staff approved the permit for the tennis court only upon receipt of <br />the formal application for the vacation of the unnecessary portion of <br />the Conservation and Flowage Easement for the pond area. The setback <br />from the tennis court to the newly proposed pond easement greatly <br />exceeds the 26' minimum requirement. <br />3. The applicants' surveyor has provided legal descriptions for the <br />portion of the drainage easement to be vacated and for the portion of <br />the drainage easement to remain. <br />Discussion - <br />Please review the Phase I grading plan t, as approved in Resolution <br />#1844, in 1985. The regrading resulted creation of a generally <br />rectangular pond with a uniform slope uphill tc, terrace, where the tennis <br />court is now located. <br />Note that the pre-existing drainage easement had been created in 1382, <br />prior to the regrading of the pond. Since the pond was completed, the <br />drainage easement has never been revised, hence this is an appropriate time <br />to make the adjustment. <br />