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4EGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 26, 1978 Page 3 Staff Update - October 2, 1978 As requested by the Planning Commission, the applicant has checked with the DNR and was informed that a previous dredging permit had been issued for that property and they foresee no problem with issuing another. Planning Commission Meeting - October 10, 1978 Planning Commission recommends approval of the dredging project prepared by David Dunlap based on a previous DNR permit being issued for dredging in 1970and the amount to be dredged is negligible. If the dredged materials are to be disposed on the lot, the applicant must consult with the staff concerning c.i-site disposal standards set by the DNR. The Commission recommends that Dr. Dunlap consider the suction dredging method. Before final Council action, the Planning Commission requested a copy of the original DNR permit for Council and staff review. The Commi-sion expressed concern over blanket approval being given to maintenance dredging projects. They recommer.ded new criteria be established to deal with each application. Council fleeting - October 26, 1978 Discussion was held concerning maintenance dredging, riparian rights, and hardships invclved. It was brought out that the Dunlap property has approximately 100' of shoreline and has riparian access to navigable waters in addition to the lagoon. Acting Mayor Massengale stated that long years of dealing with the subject have convinced t.'m that dredging disturbs the waters and stirs up nutrients in the lake. There has been no findings that this work is required to maintain riparian access to the lake; there has been no finding of any hardship. We should vote to deny the dredging or send it back to the Planning Commission to determine hardship. Pesek moved to approve the dredging on the basis the lakeshore property has had a dock and, therefore, has been denied use of the lakcshore. Motion died for lack of a second. Butler moved, Massengale seconded, to deny the conditional use permit for David Dunlap, 1595 Bohns Point Road, because no hardship has been demonstrated and present ,A resolution of denial at the next meeting. Motion, Aves (2) - flays (1). Councilnenber Pesek Nay. Staff was requested to have a member of Hickok and Associates present at Some neeting to discuss dredging. CONDITIONAL USE. PERMIT 1595 Bohns Point Road (Continued)