10-30-1979 Council Minutes - Laserfiche WebLink

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; REGULAR PIEETING OF iHE ORONO COUNCIL, OCTOAER 30, 1979 Page 4 tiassengale moved,- Iiurr seconded, to deny the application VACAmION of Charles Carl, 3685 North Shore Drive, to vacate 3685 North Shore Dr the lake access based upon the Supreme Court decision (Continued) and there are no finding of facts to determine that it would be a henefit to the puhlic to vacate. Staf_f was instructed to review the area for needed maintenance and to define area and uses of the area. Piotion, Ayes (5) - Nays (0) . Alan Olson, City Planner, entered into the record CONDITIONAL USE the rec�uest of the Development �roup, Inc. , for PERN4IT, etc. a conditional use nernlit, variance and building plan 3701 Shoreline Dr. review at 3701 Shoreline Drive, dated October 26 , #507 1�79 , which states: Development Group These comments are in response to P1r. Oberhauser' s letter of October 25, 1979 , which was written af_ter a r.leeting between him, Jeanne P4abusth, and rivself earlier that day. (Oberhauser letter - PaRes 5 - 8) Note 1, Page 2 - Zoninc�: Prior to 1974 , all cor.unercial zoning ended in Lot 7, east of this property. In 1974 , this lot was rezoned from residential to B-1 cor_unercial. The official map shows the boundary in a curved line roughly following the wetlands. mhe legal descriptions show a corridor 100 ' X 200 ' as r_�►arked on your Exhibit 6. Pdote 2 , Page 2 - A site inspection today confirr.ied the �9estwood Survey of August l5, 1979 : There is standing water well over the sewer line and verv close to, if not on, the 935 contour. The flood level was determined bv Barr Enc�ineerinc� for HUD , through a detailed stud__y area. • , The 26 ' setback should apply to the edge of the marsh �s has been our ordinance. In my discussion �aith Psr. Oberhauser, I was told that the sewer line was on "dry ground" but this is obviously not the case. I do not think the ordinance requires a 26 ' setback from the top of the Flood Plain (in this case 935) if this is dry ground at that point. I do think that we should r�quire the 26 ' setback (or a variance thereto) from the actual edge of the wetlands. As o_f my inspection toda_y, I believe that these two points coincide very closely. I agree with Mr. Oberhauser' s corunents on Paqe 3 regarding construction o_f flat, no flow blockage ir,inrovements in a norr,ial "f lood plain" . The difference is that this flood plain is also a rmarsh � and hence does also have assur.iulative capacitv when not actually flooded. (Continued, Page 9)