Re: info on Lot 1 and outlot A - Laserfiche WebLink

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Senn Lots Analysis Memo 4-3-03 Page 2 I. Shoreland Ordinance. Prior to adoption of the Shoreland Ordinance in February 1992, Orono did not have a specific setback requirement from tributary streams or creeks, and at best a 26' wetland setback was likely the only setback enforced for structures. Furthermore, the City had no hardcover limitation applicable to tributaries. The City had enforced a 75' septic system setback from creeks and wetlands since the late 1970's; tested sites for Lot 1 were accepted at less than a 75' setback. The Shoreland Ordinance established standards and conditions for Stubbs Bay Creek (AKA Classen Creek) including structural and septic system setbacks from its Ordinary High Water Level (OHWL) as well as hardcover limitations, tree removal regulations, etc. These standards have placed numerous added restrictions on development of the Senn lots that were not in effect when those lots were created. A primary impact is that parts of the proposed driveway would not be allowed today. A second impact related to Lot 1 is that depending on the location of the OHWL, septic sites and house sites may be unusable. In discussions leading to adoption of the Shoreland Ordinance, staff and City Council acknowledged that many existing structures would become nonconforming, and a number of already platted lots would likewise be negatively affected. It was the intent of the City to deal with these through the variance process as each case came up. The City did not "grandfather" existing vacant lots which as a result of the Shoreland Ordinances became substandard. Development of the Senn lots, including construction of the driveway and bridge, are subject to the current regulations in effect today. II. WCA Regulations. Prior to enactment of the WCA Regulations by the legislature in 1991, the City had few guidelines for determining the boundaries of wetlands. Furthermore, the specific wetlands protected by Orono ordinances were limited to those identified in the 1974 Orono Wetland Inventory maps. While that inventory map (copy attached) showed substantial areas of wetland on the Senn property, it did not specifically identify the creek. Because the subdivision was completed before WCA was enacted, the wetlands on the property were not delineated under today's standards. The City merely determined at that time that areas below the 970' contour would be considered as wetland. However, that determination may or may not be valid today. Absent a formal wetland delineation, it is unknown whether each lot contains the required two acres of contiguous dry buildable area under current City standards. In the NW corner of Lot 1, a significant wetland area may exist that was not identified as wetland in 1990. This was not shown as wetland on the 1974 City inventory. However, this wetland was partially delineated for the adjacent Boyer plat. Because most of the wetlands on