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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, January 26, 2015 <br />7:00 o’clock p.m. <br />____________________________________________________________________________________ <br />  <br />Page 9 of 14  <br />  <br />(7. #15-3710 AMEND SECTION 78-1286 (b & d) REGARDING CHANGES TO THE <br />REQUIREMENTS TO TOPOGRAPHIC ALTERATIONS/GRADING & FILLING ACTIVITIES <br />ORDINANCE NO. 133 continued) <br /> <br /> <br />Gaffron stated other than what is associated with a building project, such as a private road or a berm; <br />there is probably one or two applications in a year for over 500 cubic yards. <br /> <br />Cornick asked if this would apply to someone who would like to remove more than 500 cubic yards. <br /> <br />Gaffron stated it relates to grading and filling, so it would apply to fill being removed as well, and if it is <br />over 500 cubic yards, it would require a conditional use permit. <br /> <br />McMillan asked if it would be a conditional use permit rather than a variance. <br /> <br />Gaffron stated it would be a conditional use permit and would not necessarily require a variance. <br /> <br />McMillan noted it would be more of a permanent change and asked if historically they have been treated <br />as a variance. <br /> <br />Mattick indicated they have not been and that reasonable conditions will be attached to it as part of the <br />conditional use permit process. <br /> <br />Gaffron stated what is allowed on a 2-acre lot versus a 10-acre lot would also be different and that it <br />would be difficult to put a limit on it. <br /> <br />Mattick stated the review of the conditions would pretty much come down to an engineer review to <br />determine that the lot can handle that amount of fill and what the impacts on the drainage would be. <br /> <br />Mayor McMillan asked if there is any public comment on this item. <br /> <br />Ralph Kempf, 3675 Togo Road, stated if he understood correctly, it sounds like the fifty truck load rule <br />applies the same to a 40-foot frontage of lakeshore as a 250-foot frontage of lakeshore. Kempf stated in <br />his view it would be more equitable if the threshold was tied to the amount of land in the 0-75 foot zone <br />or the amount of lakeshore frontage. <br /> <br />Gaffron stated on a lot with 400 feet of frontage, fifty cubic yards would not be very noticeable but could <br />still have an impact depending on where it is being spread. Gaffron stated basing it on the amount of <br />frontage would require an extra layer of review. <br /> <br />Levang moved, Cornick seconded, to adopt ORDINANCE NO. 133 an Ordinance Amending the <br />Orono Zoning City Code by Revising the Provisions for Topographic Alterations and Grading and <br />Filling Activities Within 75 Feet of the Lakeshore and to adopt the SUMMARY ORDINANCE for <br />publication. VOTE: Ayes 3, Nays 0. <br /> <br /> <br /> <br />