05-15-2000 Planning Commission Minutes

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• ORONO PLANNING COMMISSION Monday, May 15, 2000 ROLL: The Orono Planning Commission met on the above date with the following members present: Acting Chair Sandra Smith, Dale Lindquist, Janice Berg, Jay Nygard, and William Stoddard. Commissioners Elizabeth Hawn and Daniel Kluth were absent. The following represented City Staff: Senior Planning Coordinator Mike Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, and Recorder Jackie Young. City Council Representative Barb Peterson was present. Acting Chair Smith called the meeting to order at 6:30 p.m. OLD BUSINESS: PUBLIC HEARINGS (#1) #2569 W. DUNCAN MACMILLAN AND WILLIAM WALDRON, 1860 FOX STREET, AFTER-THE-FACT CONDITIONAL USE PERMIT, 6:31 p.m. - 6:43 p.m. Mark Buetow, Caretaker for the MacMillans of 1860 Fox Street, appeared. • Weinberger stated the City became aware in February or March that there had been excavation of a pond located on 1700 Fox Street. The pond was actually constructed by the property owner to the south in a cooperative effort between the two property owners. The survey indicates the pond is actually located across the east property line, with Craigbank Associates being the owner of the second property this pond has impacted. Weinberger stated an after-the-fact conditional use permit is required, with no variance being necessary for the pond since it is not located within a City protected wetland. Weinberger noted some portions of the wetland are possibly located within an area considered to be Type I wetlands, which does require a wetland permit. Typically the Watershed District will review these applications following preliminary approval by the City. Weinberger stated since the land alteration is greater than 500 cubic yards and the dredging occurred over a property line, a conditional use permit is required. Weinberger indicated since the area has been dredged and not filled, the pond will not impact drainage in the area. Should the City approve the conditional use permit, the wetland shall be subject to a protective covenant filed in the chain of title of the affected property to serve as an advisory to the current and future property owners that the wetland is subject to WCA regulation. City Staff recommends approval of the conditional use permit subject to the following conditions: 1. Applicant applies for a land alteration permit. 2. A protective covenant is filed in the chain of title of the affected properties as an advisory to property owners that the wetland is subject to WCA regulation. 3. A final as built survey indicating finished elevations of the pond is submitted to the City and • accepted by the City Engineer. 4. Verification that a MCWD permit has been approved for the pond construction. Page 1