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9 <br />MINUTES OF THE REGULAR ORONO CITY COUNCIL <br />MEETING HELD ON DECEMBER 11, 1995 <br />( #12 - #2085 DNR - Continued) <br />Callahan moved, Jabb our seconded, to approve the commercial site plan review and <br />Resolution #3657 with the condition changes and amendments as discussed. Vote: Ayes <br />3, Nays 0 (Hurr absented herself from the meeting during the discussion of this agenda <br />item). Jabbour asked the DNR representatives to express his appreciation to Dennis <br />Asmussen. <br />( #13) #2086 ROBERT AND JANICE CALLAN, 2915 SOMERSET LANE - <br />CONDITIONAL USE PERMIT/VARIANCE <br />The applicant, Robert Callan, and property owner, George Stickney, were present. <br />Mabusth reported that the application was for a conditional use permit and variance to <br />create a 6000 s.f. open water area within a designated wetland. The wetland is located <br />on the City's wetland map and, on which, there is a covenant easement over the wetland. <br />Mabusth said there is no direction or guideline in the ordinance for alternate wetlands. <br />Ordinance 10.56 refers to the characteristics and preservation of such wetland areas. The <br />Planning Commission reviewed the application and voted 3/2 to deny the request. Their <br />reasoning was due to the lack of benefits in creating the open water and saw the proposal <br />as one of aesthetics and views. Mabusth said the applicant was asked to present more <br />information in response to the denial but nothing had been received to date. <br />Callahan commented that it was the feeling of the City not to alter a wetland area. <br />Mabusth agreed with this summation. <br />Mabusth informed the Council that the property is located amongst seven other lots. If <br />the pond construction was approved, the applicant had suggested providing additional <br />type 2 wetland adjacent to the area with no impact on the septic. The Planning <br />Commission was not in favor of this suggestion. <br />Callahan asked if this was the recommendation of the Staff. Mabusth said it was not but <br />had asked the Commission to consider the issues. Mabusth said she was concerned with <br />precedent setting. She added that if an area was created for water fowl, it generally <br />would have more gradual sloping and irregular shoreline. <br />15 <br />