10-25-2004 Council Packet - Laserfiche WebLink

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W04-3007 May 10,2004 Page 2 N • Adjacent Owners Acknowledgment Forms O - Sewer As-BuiU Maps P - Code Sections 78-1109 thru 78-1112 Q - Staff sketch R - Watershed Area Topography Procedure While the request for a lot area variance is not out of the ordinary, the request to ‘un-designate ’ a City- designated wetland is anytliing but routine. No map amendment process is specifically defined in the zoning code relative to the 1975 Wetland Inventory Map. We are treating it fimctionally as a zoning map revision, but not as arezoning, and it will require a simple majority (3/5 vote) at the Council level. Staff advised the applicant to proceed with the wetland re-designation request application concun ently with the vanance application, and we are researching “as we go” to detennine what other agencies may need to be involved and what information is necessary to properly review this map revision. Background Prior to 1959, this property was part of a single tax parcel used as fann fields. Our set of 1955 aerial photos indicates that the area encompassed by the cunent lot in question was a wetland by today ’s standards; however, it likely was not considered as wetland in the 1950's, and Orono did not have a wetland ordinairce until 1963. In 19 59 a subdivision application was filed to divide the property into half-acre lots. The City at that time was in the mids. of discussions about minimum lot size for residential lots, and while the preliminary plat was approved by Council as presented, the Council a year later refused to grant final plat approval, indicating the code had changed in the interim and one-acre lots would now be required. After a series of legal gyrations, the then property owner agreed to plat with one-acre lots, which plat was recorded in September 1961. Lot2, the lot in question, had a 20' wide drainage easement platted through it for adrainageway, a ditch leading from the wetland north of the road and leaving the property midway along its south boundary. The plat created 21 one-acre lots, and roads were constructed. Between 1964 and 1969 building permits were issued for 3/4 of the lots. The remaining lots were built on in the early 1970's or were never built on. In 1970 the Bower’s bought the home at 1080 Brown Road North, and in 1974 acquired the adj acent lot (the lot in question) from General Realty Company as abuffer. The bt was not atax forfeit property, but had delinquent taxes at the time they purchased it. The County Deed Tax paid was S2.20 and it is estimated they paid less than $500 for it according to Counhy records. We assume they also paid 3-4 years of back taxes.