02-09-2015 Council Packet - Laserfiche WebLink

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. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 26,2015 7:00 o'clock p.m. (7. #15-3710 AMEND SECTION 78-1286(b& d)REGARDING CHANGES TO THE REQUIl2EMENT5 TO TOPOGRAPHIC ALTERATIONS/GRADING&FILLING ACTIVITIES ORDINANCE NO. 133 continue� Gaffron stated other than what is associated with a building project, such as a private road or a berm; there is probably one or two applications in a year for over 500 cubic yards. Cornick asked if this would apply to someone who would like to remove more than 500 cubic yards. Gaffron stated it relates to grading and filling, so it would apply to fill being removed as well, and if it is over 500 cubic yards,it would require a conditional use permit. McMillan asked if it would be a conditional use permit rather than a variance. Gaffron stated it would be a conditional use permit and would not necessarily require a variance. McMillan noted it would be more of a permanent change and asked if historically they have been treated as a variance. Mattick indicated they have not been and that reasonable conditions will be attached to it as part of the conditional use permit process. Gaffron stated what is allowed on a 2-acre lot versus a 10-acre lot would also be different and that it would be difficult to put a limit on it. Mattick stated the review of the conditions would pretty much come down to an engineer review to determine that the lot can handle that amount of fill and what the impacts on the drainage would be. Mayor McMillan asked if there is any public comment on this item. Ralph Kempf, 3675 Togo Road, stated if he understood correctly,it sounds like the fifty truck load rule applies the same to a 40-foot frontage of lakeshore as a 250-foot frontage of lakeshore. Kempf stated in his view it would be more equitable if the threshold was tied to the amount of land in the 0-75 foot zone or the amount of lakeshore frontage. Gaffron stated on a lot with 400 feet of frontage, fifty cubic yards would not be very noticeable but could still have an impact depending on where it is being spread. Gaffron stated basing it on the amount of frontage would require an extra layer of review. Levang moved,Cornick seconded,to adopt ORDINANCE NO. 133 an Ordinance Amending the Orono Zoning City Code by Revising the Provisions for Topographic Alterations and Grading and Filling Activities Within 75 Feet of the Lakeshore and to adopt the SiJMMARY ORDINANCE for publication. VOTE: Ayes 3,Nays 0. Page 9 of 14