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To: Mary Butler, Mayor ! I„-�I- <br />T <br />Mark E. Bernhardson, City Administrator <br />Orono Council ..embers <br />From: Michael P. Gaffron, <br />Asst Planning & Zoning Administrz:t-)-r <br />Date: October 22, 1986 <br />Subject: #1064 City of Orono, <br />Spates Avenue Right -of -Way (and 1960 Shoreline Drive) - <br />After -the -Fact Conditional Use Permit for Lift Station <br />Zoning District: LR-lA <br />Facts and Issues: <br />A) Zoning Code Section 10.20, Subdivision 3 (D) requires a <br />conditional use permit for municipal lift stations. The City has <br />apparently never previously filed a formal conditional use permit <br />application for construction of a lift station, although the ordinance <br />has been on the books since at least 1968. <br />B) The Spates Avenue lift s-;.ation is partially located in right-of- <br />way and partially within property at 1960 Shoreline Drive. <br />C) The City obtained a temporary construction (-4sement from the <br />property owner Craig Olson, but has never acquired a permanent <br />easement for the lift station or access to the rear of it. <br />D) The lift station and protective paving adjacent to it and on the <br />1960 Shoreline property constitutes some amount of hardcover that was <br />not pre-existing in the 75-250' setback zone. This technically <br />requires a variance for 1960 Shoreline Drive which already exceeded <br />70% hardcover prior to the lift station. It also raises the issue of <br />whether any City or County road improvement projects in "LR" districts <br />are subject to hardcover review. <br />E) Planning Commission voted 5-0 to deny the after -the -fact <br />conditional use permit, stating that the City has "acted flagrantly" <br />in this matter. <br />List of Exhibits <br />Exhibit A - Application <br />Exhibit B - Plat Map <br />Exhibit C - Property Owners List <br />Exhibit D - Staff Photos of Existing Lift Station <br />Exhibit E - Staff Memo 8/14/86 <br />Exhibit F - Planning Commission Minutes 8/18/86 <br />Exhibit G - Site Plan, Survey Submitted by City Engineer <br />8/18/86 With Location of Existing Control Panel <br />and Lift Station <br />Exhibit If - Council Minutes 9/8/86 <br />Exhibit I - City Engineer's Letcer and Landscape Plan 9/12/86 <br />