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6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING <br />HELD JANUARY 19, 1993 <br />ZONING FILE #1793 - CONT. <br />Friesen explained the bermed areas around the pond are to be filled <br />from the spoils removed from the pond area. He said they hope to <br />alleviate the flooding problems in the area with this pond. <br />The applicant noted the swaIe was necessary to move the water from <br />the f ront of the house to the rear. He f I t the i nsta I 1 at i on of the <br />pond would enhance the usability of h I s back yard as In the spring <br />it is very wet. He contended that the pond on the Bastian property <br />to the east has never overflowed into his wetland area. He <br />explained that during the spring the drainage through his property <br />to the Daniels' property flows very fast. He felt the installation <br />of the pond would preserve that flowage without causing additional <br />problems. <br />Chair Bellows noted the Conservation and Flowage Easement, which <br />was filed in the chain of title for the property, states very <br />clearly that no trees, shrubs, or vegetation shall be removed, no <br />dirt shall be moved, etc. She suggested the Easement was approved <br />to protect the property from Improvements such as what Is proposed. <br />She indicated the City Engineer feels this Improvement is not <br />necessary to alleviate the drainage problems claimed in application <br />involving flooding of basement areas. <br />Weckman explained the need for an alternate septic site and the <br />restrictions that apply to that site, including the requirement <br />that the site be setback 75' from any body of water. <br />Cliff Otten felt that if the pond were redesigned, the setbacks <br />could be met. <br />Schroeder said the only way they could approve such a proposal <br />would be if the applicant could prove that the improvement would <br />provide for the betterment of the pond. <br />Cohen noted if the drainage pattern were changed, the pond by his <br />house would virtually disappear. He added, Johnson bought the <br />property with these conditions on it, and the easements and <br />requirements were filed In the chain of title. <br />The applicant noted the drainage ditch out I et to the west over time <br />has lost its functionality. He expressed concern for his property <br />value. <br />i 8 <br />