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Senn Lots Analysis Memo <br /> 4-3-03 <br /> Page 3 <br /> the site were on the Orono 1974 inventory map, they do not fall under the category of"non-City- <br /> protected wetlands". Therefore, they are subject to a delineation and formal re-determination of <br /> their boundaries, which may severely impact the dry buildable area. <br /> III. Summary of Impacts on Senn Lots <br /> 1. We do not know whether either of Lots 1 or 2 contain 2.0 acres of contiguous dry <br /> buildable area, and will not know until their wetlands are delineated. <br /> 2. If either of Lots 1 or 2 contain less than 2.0 acres of contiguous dry buildable area, a lot <br /> area variance will be required; if they are significantly less than 2 acres, buildability may <br /> be in question. <br /> 3. The OHWL along the various stretches of the creek has not been officially determined, <br /> and must be determined (by applicant's engineer subject to City Engineer approval) to <br /> determine the points from which setbacks should be measured. The sketch by staff only <br /> estimates the 100' setback from OHWL for structures. If the 970' contour is the OHWL <br /> for Lot 1, its tested septic sites would be in violation of the required setbacks which came <br /> into effect in 1992. <br /> 4. The original approvals to construct a driveway within Outlot A paralleling the creek, and <br /> to construct a creek crossing, are no longer valid, because the driveway and creek <br /> crossing were never constructed and new, more restrictive regulations have since been <br /> adopted which would make such construction a violation of current codes. <br /> 5. The specific issues with the driveway are: <br /> a) It would be within 75' of the OHWL of the creek where no hardcover or grading <br /> is allowed per 10.56 Subd. 16 (J); <br /> b) Portions would likely be within a delineated wetland or within 26' of the wetland, <br /> requiring variances from the City (any variance for this work granted with the <br /> final plat approval would by definition have expired within one year of that <br /> approval if not used). <br /> C) Grading and filling in or near a wetland, and crossing of the creek, are also <br /> subject to WCA regulations administered for Orono by the Minnehaha Creek <br /> Watershed District, and variances to their regulations would likely be required. <br /> As a related issue, note that the 1990 subdivision approval required that there be only one access <br /> to Watertown road for the two lots, i.e. a shared driveway is required. <br />