08-19-2002 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 19, 2002 6:30 o'clock p.m. (#02-2816 ORONO MONTESSORI, INC. , Continued) Mabusth moved, Smith seconded, to approve Application #02-2816, a Conditional Use Permit for Orono Montessori,Inc., 3800 West Wayzata Boulevard, for a daycare facility and school subject to the staff conditions that the applicant obtain a DHS license and limit the number of enrollees to 60 students. VOTE: Ayes 5, Nays 0. Kuruvilla clarified that he would have 60 enrollees,plus the appropriate staff. (#8) #02-2819 TIM DEVRIES, 2180 ABINGDON WAY, CONDITIONAL USE PERMIT 8:57 p.m. - 9:45 p.m. Jim Robin, Landscape Architect representing the Applicant, was present. Gaffron explained that the applicants are requesting a conditional use permit to alter land in excess of 500 cubic yards. The applicants are constructing a tennis court on the property and a conditional use permit is required because the applicant is proposing to move 1,040 cubic yards of fill. Gaffron noted that the applicants own the property(Lot 6) and the adjacent vacant property(Lot 5). He pointed out that of the 1,040 cubic yards of fill to be moved, approximately 120 cubic yards will be trucked from the site to another location, approximately 500 cubic yards will be trucked to lot 5 and the remaining 420 cubic yards will be used as fill on lot 6 to construct the tennis courts. The tennis court will be located southeast of the residence and meets front and side yard setbacks, the 26' setback from the delineated wetland on the property, and will be 180' from Long Creek where a 100' setback is required for non-sewered property. Gaffron indicated that it appeared that the plan did reflect a slight encroachment of fill into the 26' wetland setback area at the south end of the court, and suggested that modifications be made to the plan which incorporate a low retaining wall or other method to ensure this area remains undisturbed. Gaffron acknowledged that recent WCA (Wetland Conservation Act) regulations show that areas now defined as wetlands are more extensive on the site than those protected in 1983. Since the subject property is serviced by an on-site septic system, staff reviewed the existing proposal and found that it would not directly impact the system. Furthermore, the area being used for the tennis court would likely not be suitable for a future septic site due to its proximity less than 75' to the wetland. Gaffron noted that staff did have concern with regard to the proposed "Wetland Buffer Mitigation"proposed directly downhill from the existing mound system and would recommend that another buffer mitigation site be located that would not impact the mound. PAGE 19 of 28