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Date Application Received: 2-23- Date Application Considered as Complete: 2-23-04 60-Day Review Period Expires: 4-23-04 To: From: Date: Chair Smith and Plam1ing Commissioners Ron Moorse, City Administrator _,;,)'\,. Mike Gaffron, Pla1ming Director ;}''1/~ March 12, 2004 Subject: #04-2997 City of Orono -Access Between Lots 38 & 39, Morse Island Park (120-140 Big Island) -CUP and Variance for Wetland Alteration -Public Hearing Zoning District: RS Seasonal Recreation District, 5-acre min. Access Dimensions: The right-of-way providing access is approximately 90' in width at the lakeshore and at the rear, and is approximately 170' in depth. Application Szunma,y: As a result of numerous requests from property owners on Big Island, and as a result of the previously used adjacent access road being converted to lawn by its owner, the City is requesting a valiance and a conditional use pennit to allow the filling of a small portion of wetland and floodplain to allow construction of a new diiveway for vehicular access from the lakeshore to the interior platted road system. Staff Recommendation: Staff recommends approval of the proposed wetland alterations. -· Pertinent Code Sections: .,,,,,,. /~ ' ~··· ~·· '"::::f" -.~-t•--' ._ .cit. !'7'\.,l"./'1"1,- t:/ •; !('t/ L 0,s>ip-4, V 1. Section 78-1112: Development Restticted; Prohibition. Except as hereinafter specifically l · pennitted, no filling, grading, dredging, excavation, hardcover, temporaryorpermanent structures, obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and Wetlands Conservation Area; nor on any lands within 26 feet thereof; nor on any land within 7 5 feet of the ordinary high water elevation of any lake shoreline. 2. Sections 78-1 l 13/14(2b): "Alldredgingorexcavationofmaterialfromany b~<t'pondor wetland or from adjacent land thereto" is a conditional use within the Floodway and Flood Fringe Distticts. This wetland ( as all wetlands) includes areas within those two Districts as defined in Section 78-1108. 3. 4. Section 78-1117: Section 78-1286: (Standards for floodway and flood fringe conditional uses) (Shoreland standards for topographic alterations, grading and filling)