11-12-1996 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 • ( #6 - 92179 Theresa Norsted - Continued) Callahan asked Mabusth if the survey was satisfactory. Mabusth said the survey was current. Jabbour moved, Kelley seconded, to approve Resolution #3800 noting the garage dimensions as 26'x22'. Vote: Ayes 4, Nays 0. ( #7) #2183 CHARLES KRAMER, 2990 SOMERSET LANE - CONDITIONAL USE PERMIT - RESOLUTION #3801 The applicant was present. Mabusth reviewed the land holdings of the applicant which include three parcels, one being his homestead. The application is for a conditional use permit and does not require any variances. The wetlands in question are of a type 7. John Smythe, an aquatic scientist with Bonestroo, reviewed the wetlands. One wetland area was found to be degraded, and the proposed dredging would result in an upgraded wetland. The other wetland was found to be untouched and not degraded. Smythe recommended that this particular wetland should be left intact. The proposal would result in a loss of trees. Smythe did suggest the buckthorn growth could be removed. The applicant amended his application after receiving Smythe's recommendation. • Mabusth reported that the Planning Commission recommended the alteration of only the one pond and denying alteration of the pond located in the southeast corner. Conditions placed on the application include the spoils be limited in their removal to the applicant's property to the north only. The type 1 and 2 wetlands are to be staked in the field and a 26' separation maintained. Both septic sites are to be protected and fenced off. Erosion control is to be maintained until the ground cover has been restored. Kramer indicated that he was satisfied with the Planning Commission's recommendation and stipulations. Goetten asked Mabusth if there should be any specific wording in the resolution to maintain the "Hardwood Swamp" as recommended to be left untouched by Smythe to protect the land in the future. Mabusth said the area is now identified as a "Hardwood Swamp" Type 7 and would be limited to only that now spelled out by such a classification. Jabbour noted that the ordinances in effect now only prohibit the cutting of trees. Mabusth indicated that the wetland is not a designated wetland of the City but is protected under permit reviews by Corp of Engineer and MCWD. City Attorney Radio suggested a conservation easement be placed over the property if the City wants it to be protected. He indicated that the application process is the appropriate time in which to make this request. Goetten said she would like to see this • conservation easement be taken if Kramer was in agreement.