01-20-2004 Planning Packet - Laserfiche WebLink

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IMM.2971 322»-3240 Watertown RMd January 14.2004 rafe2 Rrf«lator>* Impacts The follo\%ing regulatory impacts have come into play since this property was originally subdivided in 1990: /. Skoretand Ordinance Imoaets Prior lo 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. Furthcrroorc, tne City had no hardcover limitation applicable lo tributaries. The City had enforced a 75' septic system setback from creeks and wetlands since the late 1970 ’s; tested sites for Lot I w ere icccpt *d at less than a 75* setback. The Shoreland Ordinance established standards and conditions for Stubbs Bay Creek (AKA Classen Creek) including stnictural and septic system setbacks from its Ordinary High Water Level (OH WL) as well as hardcover limitations, tree removal regulations, etc. These standards have placed numerous added restrictions on development of the Senn Orono Addition lots that w ere not in effect when those lots were created. The primary impact is that parts of the proposed dri vcw av w ould not be allowed today. In discussions leading to adoption of the Shoreland Ordinance. stalTand City Council acknowledged that many e.x isting structures would become nonconforming, and a number of already platted lots would likewise be negatively affected It was the intent of the City lo deal with these through the variance process as each case came up. The City did not “grandfather" existing vacant lots w hich 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 tlTccl today. //. H'ftlaftd Consenation Act fH'CAi Refutations Prior to enac tment of the WCA Regulations by the legislature in 1991. the City had few guidelines for determining the boundaries of w eilands. Furthermore, the specific w etlands protected by Orono ordinances w ere limited to those identified in the 1974 Oruno Wetland Inventory maps. While that inventory map shoxx ed substantial areas of wetland on die Senn 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 lime that areas below the 970* contour would be considered as wetland. Howc-. er, the wetlands have now been delineated as depic d on the survc>’. Exhibit C. and generally foHow the 968' contour