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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#13. #04-2996 BOB CARLSON, JYLAND HOMES, 1070 W. FERNDALE ROAD, STREET VACATION-Continued) 2 . The vacated prope1iy shall be legally combined with the adjoining three tax parcels: (02-117-23 43 0002, 02-117-23 43 0004 , 02-117-23 43 0006) Mabusth moved and Rahn seconded to approve Application #04-2996 , Bob Carlson, Jyland Homes, 1070 West Ferndale Road, requesting a vacation of an un-named road right-of-way created in the North Shore Cottage Acres. This approval is subject to the applicant granting general utility easements over any of the utility company's lines and need to confirm easements and also vacated property shall be legally combined with the adjoining three platted parcels. VOTE: Ayes: 7; Nays 0. 14. #04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, VARIANCES (10:48-11:25 P.M.) Greg Gappa, Public Works Director, was not present. Mike Gaffron reported in his absence . Gaffron explained the application request and indicated that Greg Gappa, Public Services Director was unable to be present at the meeting. He asked that the commission please review Exhibit C, the memo from Mr. Gappa, which explains the need for this project and the characteristics of the project. Gaffron noted that the wetland in question is not on the City's 1974 wetland inventory, and therefore is not defined as a "City-protected Wetland"; however, it is subject to Wetland Conservation Act (WCA) regulations, which the Mi1mehaha Creek Watershed District administers on the City's behalf. The City has chosen to make the applications for variance and CUP although it could be argued that this wetland do_es not fall strictly under the City 's ordinances . The project is being proposed under the WCA "de minimus" rules because it involves less than 400 s.f. of wetland area being filled. This means that the amount of fill and the impact of that fill is so minor as to not require mitigation. The proposed filling is 215 s.f. at the SE comer of the wetland. A revised plan submitted on March 12 has slightly relocated the proposed driveway fill so that there will be no filling closer than 6' from the prope1iy line to the south . This complies with City requirements that do not allow filling within 5' of a lot line. The filling will impact a 12 cubic yard area of flood plain. An equivalent volume will be excavated adjacent to the NW corner of the floodplain area within the right-of-way as equal mitigation. The proposed driveway will be 1 0' in width and 180' in length, and will provide a driveable access point for the north half of the island. This access will replace the access drive that was Page 40 of 48