05-22-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 8,2017 7:00 o'clock p.m. 16. #17-3922 CITY OF ORONO, TEXT AMENDMENT: WETLANDS REGULATIONS — ORDINANCE NO. 196, Third Series. — continued Kinve stated if a fire pit is built to code in the first place, it has to be surrounded by a certain measure of flat surface, and if the entirety of the fire pit structure is outside of the buffer, it will not impact the buffer. Kinve noted he would not have been allowed to build his sport court if he had to comply with the 35 -foot setback. Walsh asked if the City is getting rid of the 5 -year requirement on wetland delineations. Barnhart stated a question was raised at the Planning Commission meeting about how to treat those delineations. Under current regulations, a wetland delineation is good for five years and no changes are being proposed to that. The purpose for that is that wetlands tend to change over time. Walsh noted that is not a rule of the City and so therefore no changes can be made to it. Kinve stated the Watershed District for additions of accessory structures does not require a new wetland delineation. That would include a sport court, a patio or deck, a fire pit, or reconstruction of the house on the existing footprint. If there was a tear down and reconstruction of a different house, that property owner would need a new delineation to make sure the new house meets the same standards. Walsh stated he wanted to make sure that everyone was on the same page with that. Barnhart stated the five-year rule is not proposed to be changed. Kinve stated as long as someone is not rebuilding their entire home, the existing delineation is permanent to the property for purposes of smaller accessory structures and a new delineation is not required. Walsh asked if a new delineation would be required if Mr. Kinve would want to construct a deck ten years from now. Barnhart stated in that situation, Staff would use the best information they had, which would be a wetland delineation. Barnhart stated in Mr. Kinve's situation, if he were to tear down his house and build a bigger one and there is a declared buffer on the property, the Watershed District would use that buffer as the edge and a new wetland delineation would not be required. If there was no declared buffer, then a new wetland delineation would be required. Christopher Jones, 2320 Longview Circle, stated there does not seem to be a great need for this ordinance change and that when circumstances arise that might require adding a buffer and working from that, the variance process for that type of maneuver would be wonderful but that it can be take on a case-by-case basis rather than changing the entire ordinance so that it redoes everything. Jones stated there does not appear to be a great need for this change but that he does agree there are places where Orono can make a bigger difference by requiring buffers or doing things with variances. In the case of adding fire pits or hardscape, if the homeowner wants to have a variance granted, then the City is well within their right to allow that. Jones stated the current process allows some give and take through the variance process. Page 26 of 34