04-16-2013 - Request for council action

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Council 950 WILLOW VIEW BUILDING PERMIT Exhibit A Background: The purpose of this letter is to set forth the facts and circumstances related to the request by the homeowners located at 950 Willow View Drive in Orono, MN ("Homeowners")to construct a sport court on the subject property (the "Project"). Formal Request: The Homeowners hereby formally request action from the City Council of Orono, MN to approve and issue to Building Permit number 2012-00424 to the Homeowners without the two conditions added by staff. Facts: 1) Proposed Sport Court is 27 feet by 37 feet 2) Proposed location of sport court is replacing primarily existing hard cover (landscape area overlain by 3/4 inch river rock with underlying poly weed control fabric) 3) The city wetland map identifies a wetland on the subject property which is classified as a Manage 3 4) Proposed project does not result in the grading of 50 or more cubic yards or the disturbance of 5,000 or more square feet of area 5) A current wetland delineation and buffer line from April 7, 2000, approved by the MCWD already exists for the subject property 6) Project does not trigger the need for a new or updated wetland delineation by the MCWD, per e-mail from Catherine Bach at MCWD provided to staff 7) Project meets all applicable City setback requirements to property boundaries and is at least 30 feet setback from the MCWD buffer line and 46.5 feet setback from the MCWD wetland delineation 8) Building permit application was received by City of Orono ("City") on May 17, 2012 and assigned building permit number 2012-00424 9) The applicable deposit of$2,500 was received by the city of Orono on May 29, 2012 Position of Homeowner: Due to the fact that (i) a wetland delineation on the subject property, along with a buffer line already approved and acceptable to the MCWD exists on the property, (ii)the Project, based on the existing wetland delineation and buffer line, meets all the requirements for setbacks by the City, (note that Section 78-1608 (2)(a) of the Orono Code specifically excludes sport court type structures wetland buffer setbacks) and (iii) the Project does not trigger a need for a new wetland delineation or buffer line by the MCWD; the homeowner contends that the permit for the Project should be approved without conditions.