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Date Application Received: 2-23-04 <br />Date Application Considered as Complete: 2-23-04 <br />60-Day Review Period Expires: 4-23-04 <br />To: <br />From: <br />Date: <br />Chair Smith and Planning Commissioners <br />Ron Moorse, City Administrator <br />Mike Gaffron, Planning Director <br />March 12, 2004 <br />Subject: #04-2997 City of Orono -Access Between Lots 38 & 39, Morse Island Park <br />(120-140 Big Island) -CUP and Variance for Wetland Alteration -Public Hearing <br />Zoning District: RS Seasonal Recreation District, 5-acre min. <br />Access Dimensions: The right-of-way providing access is approximately 90' in width at the <br />lakeshore and at the rear, and is approximately 170' in depth. <br />Application Summary: As a result of numerous requests from property owners on Big Island, and as <br />a result of the previously used adjacent access road being converted to lawn by its owner, the City is <br />requesting a variance and a conditional use permitto allow the filling ofa small portion of wetland and <br />floodplain to allow construction of a new driveway for vehicular access from the lak:eshore to the interior <br />platted road system. <br />Staff Recommendation: Staff recommends approval of the proposed wetland alterations. <br />Pertinent Code Sections: <br />1. Section 78-1112: Development Restricted; Prohibition. Except as hereinafter specifically <br />permitted, no filling, grading, dredging, excavation, hardcover, temporary or permanent structures, <br />obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and <br />Wetlands Conservation Area; nor on any lands within 26 feet thereof; nor on any land within 7 5 <br />feet of the ordinary highwater elevation of any lake shoreline. <br />2. Sections 78-l 113/14(2b ): "All dredging or excavation of material from any lake bed, pond or <br />wetland or from adjacent land thereto" is a conditional use within the Floodway and Flood Fringe <br />Districts. This wetland ( as all wetlands) includes areas within those two Districts as defined in <br />Section 78-1108. <br />3. Section 78-1117: (Standards for floodway and flood fringe conditional uses) <br />4. Section 78-1286: (Shoreland standards for topographic alterations, grading and filling)