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� REG,ULAR riEETING OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 3 <br /> 3. The owner, Jar.tes .PicCleary, has since moved out STUBBS BAY D4P,RINA <br /> of state and may not be the only party with legal (Continued) <br /> or equitable interest in the project. The <br /> permittee must be known to the City and r.iust <br /> be accountable. <br />• 4. The foundation design involves excavation for <br /> rer.�oval of poor soil and then back fill and <br /> compaction of better soil. Some of this work <br /> was apparently done this surimer but no inspections <br /> were called and the compaction method or results <br /> are unknown. Foundation exploration testing is <br /> necessary. <br /> 5. Since original review of the proposal by the <br /> Planning Commission and Council, the City has <br /> adopted an on-site sewage treatment code <br /> (Ordinance No.. 210 , April 13, 1978) which <br /> establishes design and installation criteria for <br /> on-site systems according to the current state <br /> PCA requirements and the current state of the art. <br /> The 1976/77 plan review did not address the septic <br /> system. With known c�round water level at three <br /> feet or above, extensive testing is required <br /> before a system can be reviewed. The existing <br /> system (alluded to in 76/77) is most likely <br /> improperly constructed and quite possibly dis- <br /> functional. <br />� 6. Since original review of this proposal, the <br /> United States Department of Housing and Urban <br /> Development has completed a flood hazard study <br /> for Orono_ The report dated March 10, 1978 , <br />� identifies the entire marina site within the <br /> flood plain of Lake Minnetonka. Orono Ordinance <br /> ` 31. 830 prohibits any construction in a wetland <br /> or flood plain. HUD requirements and State of <br /> Minnesota requirements may preclude construction <br /> at this location. In any event, the owner has <br /> not provided the necessary studies and engineering <br /> data to permit the City to review the flood <br /> hazard potential of the project.. <br /> 7. Since early 1977, the marina property has <br /> deteriorated. The area is weedy and unkept. <br /> The docks are unsafe and underwater. There has <br /> been no service facility on site. The only vestage <br /> of marina facilities are the temporary docks in . <br /> the lake. There was ample time in 1977 to acquire <br /> the permit, rebuild the facilities and operate <br /> a public-serving marina. The owner did not do so. <br /> 8. The new information available toda.y and the new <br /> requirements of the flood plain regulations cast <br /> serious doubt upon the advisability of the Council <br /> reissuing the building permit. I believe that a new <br /> more detailed set of plans should be first reviewed <br /> by the staff and the Plannnig Commission. (Continued) <br />