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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, May 19, 2003 <br /> 6:00 o'clock p.m. <br /> (#3) #03-2869 DR. ROBERT GUMNIT, 1100 OLD CRYSTAL BAY ROAD, <br /> CONDITIONAL USE PERMIT AND VARIANCE, 6:10- 7:42 P.M. <br /> Dr. Robert Gumnit and Francis Graham, the applicants were present, as were their <br /> representatives, Attorney Robert Meller and Paul Hudalla, of Schoell and Madson. <br /> Mabusth explained that the applicants were requesting the following to reconstruct an <br /> existing gravel pathway through wetland to access a 1.8 acre island of land on their <br /> property: <br /> 1. Variance: hardcover within the 0 to 75' setback zone from the OHWL of <br /> French Lake where no hardcover is permitted(pathway reconstruction); <br /> 2. Variance: grading, filling and excavating within 75' of the OHWL of French <br /> Lake where no grading, filling or excavating is permitted(pathway <br /> reconstruction and wetland mitigation); and <br /> 3. Conditional Use Permit: movement of more than 500 cubic yards of material <br /> within the shoreland overlay district(pathway reconstruction and wetland <br /> mitigation). <br /> In addition, Mabusth indicated that the applicants were also requesting the following to <br /> permit keeping horses on an intermittent basis on the island of land on their property: <br /> 1. Variance: agricultural use (grazing of horses) within 150' of the OHWL of French <br /> Lake where no agricultural use is permitted; and <br /> 2. Variance: a wire fence within 150' of the OHWL of French Lake where no fences are <br /> permitted. <br /> Mabusth reported that this application was tabled at the February 19, 2003 Planning <br /> Commission by a vote of 6 to 0. The applicant was directed to discuss the proposal further <br /> with the Minnehaha Creek Watershed District, the Department of Natural Resources, <br /> opposing property owners within the neighborhood and to revise the proposal according to <br /> the Planning Commission's comments. She noted that the applicant had taken the Planning <br /> Commission's advice and discussed the proposal with the MCWD and DNR. However, he <br /> has chosen to move forward with the same plan as reviewed in February, with clarification <br /> of some of the concerns voiced at the meeting. <br /> For discussion, Mabusth stated that the application was two pronged: to permit <br /> reconstruction of a 12'X120' gravel pathway for the property owners to access an island of <br /> land on their property; and to allow horses on an intermittent basis on the island. <br /> With regard to the keeping of horses, Mabusth explained that horses are permitted <br /> accessory use in the RR-1B zoning district. Since two acres of pasture are required for the <br /> first horse and 1 acre for each additional horse kept on the property, assuming that all 8.36 <br /> acres are available for pasture, the applicants would be permitted up to 7 horses on the <br /> property. <br /> PAGE 2 of 39 <br />