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3 <br />A <br />To: Mary Butler, Mayor <br />Mark E. Bernhardson, City Administrator <br />Orono Council Members UJ 4 J� <br />From: Michael P. Gaffr-n, ; <br />Asst Planning & ining Administrator <br />Date: November 7, 1986 <br />Subject: #1094 Dr. Glen and Marilyn C. Nelson, 500 Tonkawa Road <br />Conditional Use Permit (After -the -Fact) and Variance - <br />Public Hearing <br />List of Exhibits <br />Exhibit <br />A <br />- Application <br />Exhibit <br />B <br />- Plat Map <br />Exhibit <br />C <br />- Property Owners List <br />Exhibit <br />D <br />- Survey <br />Exhibit <br />E <br />- Site Plan <br />Exhibit <br />F <br />- Grading Plan <br />Exhibit <br />G <br />- Drainage Plan <br />Exhibit <br />H <br />- Adjacent Property Owners Acknowledgement <br />Exhibit <br />I <br />- Council Minutes <br />Exhibit <br />J <br />- Staff Letter to Tennis west, 10/13/86 <br />Exhibit <br />K <br />- Braun Engineering Report, 10/16/86 <br />Exhibit <br />L <br />- Memo to Planning Commission, 10/17/86 <br />Exhibit <br />M <br />- Grading Permit, 10/16/86 <br />At Council's direction of October 13, 1986, the Nelsons have <br />submitted an application for the conditional use permit and <br />variance for the tennis court under construction. You will <br />recall that the conditional use permit is required because the <br />grading exceeds 100 cubic yards and exceeds the normal and <br />customary grading for a tennis court. Mr. Nelson stated that the <br />work had been commenced without a grading permit through a mis- <br />understanding. Council -»ggested that, given the impending cold <br />weather and Mr. Nelson's hope to avoid having to tear up the <br />driveway again at some future date to bring in equi-lent, Mr. <br />Nelson could continue the grading work at his own i . pending <br />Council review of the conditional use permit application. <br />Variance For Fence <br />The variance is required for the construction of a 10' high <br />fence in the average 1 akeshore setback area. The tennis court <br />and associated fences and retaining walls sit well below the <br />sight lines of either adjoining residences. Both adjoining <br />neighbors have signed an acknowledgement of the project and have <br />not commented on the project. (Since both neighbors are related <br />to the applicants, we anticipate no objection.) Staff would <br />recommend approval of the variance for 10' high fences and the <br />general construction of retaining walls and clay tennis court in <br />the average setback zone. <br />