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M4-2971 3220-3240 Watertown Rom! <br />January 14,2004 <br />Page 4 <br />Wetland delineations and the OHWL determination have established boundaries which have <br />a somewhat limiting effect on the buildable area, especially of Lot 1, due to non-buildability <br />of wetland and the 26* setback requirement. <br />The original approvals to construct a driveway within existing Outlot A paralleling the creek, <br />and to construct a creek crossing, are no longer valid, because the driveway and creek 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. A number of <br />variances arc required to allow the creek crossing. The specific issues with the driveway are: <br />a) Portions will be within 75* of the OHWL of the creek where no hardcover or grading <br />is allowed except by variance per Section 78-1286; <br />b) Portions will be within a delineated wetland or within 26* of the wetland, requiring <br />variances from the City (any variance for this work granted with the final plat <br />approval would by definition have expired within one year of that approval if not <br />us^). <br />c) Grading and filling in or near a wetland, and crossing of the creek, are also subject <br />to WCA regulations administered for Orono by the Minnehaha Creek Watershed <br />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 <br />access to Watertown road for the two lots, i.e. a shared driveway is required. <br />Preliminary Plat Review <br />□ Con formity to Zoning District and Comprehensive Plan <br />The proposed subdivision to create residential lots of two acres in area or larger conforms to the <br />provisions of the RR-IB Zoning District and the Rural Residential guiding as established in the <br />Orono 2000-2020 Community Management Plan. <br />Q Relationship to Surroundine Devoiopment <br />The proposed subdivision is consistent with surrounding rural-density residential development <br />□ Lot Layout and Lot Standards <br />Lot area: Both lots exceed the minimum lot area standard of the RR-IB District <br />Lot width: Lot 2 more than meets the 200* minimum width requirement. Lot I has a defined width <br />of only lOS* at the rear of the required 7S* front yard, requiring a lot width variance.