02-19-03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Wednesday, February 19, 2003 6:30 o'clock p.m. (#03-2873 CITY OF ORONO, Continued) Berg moved, Fritzler seconded, to recommend approval of the proposed MUSA amendment for several properties on Old Long Lake, Ruann, and Wakefield Roads. VOTE: Ayes 6, Nays 0. (Recess was taken from 9:00 - 9:05 P.M.) (#6) #03-2869 DR. ROBERT GUMNIT, 1100 OLD CRYSTAL BAY ROAD, CUP AND VARIANCE 9:05-10:04 P.M. Dr. Gumnit, the Applicant, and his representative were present. Chaput explained that the applicant was requesting five items in order to reconstruct a 1,440 s.f. (120'X12') gravel driveway to access and use a 1.8 acre island on his property: 1. a variance for filling in 2,091 s.f. of a wetland, where no fill or hardcover is normally permitted, 2. conditional use permits for movement of more than 500 cubic yards of fill and mitigating wetland within shoreland overlay district; 3. a variance to allow an agricultural use (grazing of horses) within the 150' of the OHWL of French Lake 4. a variance to allow a 4' fence to be located as close as 14' from the OHWL of French Lake where 150' is required; and 5. a variance for mitigating 4,234 s.f. of land within 75' of the OHWL of French Lake where no grading or excavation is permitted. Chaput pointed out that there is an existing trail accessing the island of land at this time, however, over time, the trail has been worn down and the applicant wishes to improve it for machinery to be able to drive on it. Construction of the driveway requires 2,091 s.f of wetland to be filled with approximately 132 cubic yards of material if rebuilt on the existing drive. With regard to other comments, Chaput stated that, after reviewing the application, the City Engineer stated that a typical section of the proposed roadway should be included for review and erosion control measures should be installed. The Minnehaha Creek Watershed District (MCWD) stated that permits would be required, as well as, wetland mitigation. Chaput indicated that the Department of Natural Resources (DNR) would also require a permit, however, they will not renew the application until the snow clears and they can perform their own independent survey. Chaput stated that, if the Planning Commission feels that the applicant has shown undue hardship and should be able to reconstruct a gravel driveway by filling in and mitigating wetland to access the land, enclose the land with an electric fence to use it for pasturing from time to time, then the variances and CUPs necessary should be approved including 5 PAGE 17 of 26