05/19/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 19, 2003 6:00 o'clock p.m. (#3 #03-2869 DR. ROBERT GUMNIT, Continued) Agricultural uses, including grazing, are permitted in the Shoreland Overlay District. However, this use is not permitted within the shore setback zone. The shore setback zone for French Lake is defined as 150' from the OHWL. Therefore, horses are not permitted to graze within 150' of the OHWL of French Lake, as proposed. Mabusth indicated that the applicants have stated that they have a grazing plan from the Hennepin Conservation District which they intend to follow. At a minimum, the Hennepin Conservation District has suggested that a 15' buffer should be maintained between the horses and the edge of the wetland. The island is surrounded by wetland which, further out, becomes open water and the delineated edge of French Lake. Mabusth stated that it is possible to consider that the island is surrounded by wetland, not lakeshore, requiring a 26' setback instead of 150'. City Engineer The City Engineer reviewed the application when it was first heard in February. He stated that a typical section of the proposed roadway should be included for review and erosion control measures should be installed, inspected and approved prior to construction activity. Since this time, a wetland delineation report has been received and a typical section of the proposed roadway has been submitted. City Engineer review and approval will be required prior to issuance of permits. Minnehaha Creek Watershed District Written comments have been received from the Minnehaha Creek Watershed District regarding this application. Mabusth explained that the MCWD has indicated that, as long as the impacts are mitigated, they would support any action taken by the City. Department of Natural Resources The DNR surveyed the applicant's property and determined that the pathway is above the OHWL of French Lake and, therefore, does not require DNR review or approval. Neither did the DNR express any concern about the care and keeping of horses on the site. Mabusth stated that, if the Commission considers the application in two parts, and approvals are so moved, the approvals should be conditioned by the following: 1. Permit approval from Minnehaha Creek Watershed District is required prior to construction on the property; 2. Review and approval from the City Engineer is required prior to construction on the property; 3. The property owner will have the ability to routinely maintain the pathway, as approved; and 4. The property owner must sign and return the 120 day review period waiver, provided by the City on April 18, 2003,prior to May 23, 2003. PAGE 3 of 39