03-08-2004 Council Packet - Laserfiche WebLink

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#04-2971 3220-3240 Watertown Road January 14,2004 Page 2 Regulatory Impacts The following regulatory impacts have come into play since this property was originally subdivided in 1990: I. Shoreland Ordinance Impacts 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 sedsack was likely the only setback enforced for structures. Furthermore, the City had no hardcover limitation applicable to tributaries. The City had enforced a 7S' septic system setback from creeks and wetlands since the late 1970's; tested sites for Lot 1 were accqited at less than a 7S' 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 Seim Orono Addition lots that were not in effect when those lots were created. The primary impact is that parts of the proposed driveway would not be allowed today. 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. Wetland Conservation Act (WCA) RefuUuions Impacts Prior to enactment of the WC A 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 showed substantial areas of wetland on the Seim Orono Addition property, it did not specifically identify the creek. Because the original subdivision was completed before WCA was enacted, the wetlands on the property were not delineated per today’s standards. The City merely determined at that time that areas below the 970' contour would be considered as wetland. However, the wetlands have now been delineated as depicted on the survey, Exhibit C, and generally follow the 968' contour.