07-19-2004 Planning Packet - Laserfiche WebLink

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Apil 19.20C4 TO Cin ofOrcno (the cjt>) FROM Haro'.d and Mildred (Mtddy) Bower 68 Copperhead Cove Trail Old For.,NC2S762 (828) 724-4643 SUBJECT 1925 LakcviewTen’are (the parcel, the lot) BACKGROUND We purchased this parcel of land in 1974 as a “buffer” between our property a: lOSO Nonh Brown Road and the neighbors to the cast of us It was a residential one acre lot as arc all of the lots in the Long Lake Country Club Addition Apparently in 1975. an acnal photo was taken and this lot wus labeled a ■ wetland ’ w^thout any scientific surface studies being conducted to show the hin.tcd area of the wetland Please note that in the accompanying Plat of this addition, approved by the Orono P'.arming Commission and Village Council of Orono in August 1961. it states that there are no wet lands in the plat except as designated (none are designated within the boundaries of this parcel. Lot 2 Block 2), (granted that the definitions of wetlands may have teen changed since this date in 1961 ) Also the Protective Covenants for this area (Torrens Title Exhibit *‘A” Doc No 669783), enclosed, states m paragraph A that “Ail lots . shall be known and described as residential lots Please note ilut we were never notified of the “wetland" label for this property In late 2002, it became apparent that we would be moving from Orono due to Middy's employment relocation When we contacted the city for clarification of the status of this lot, wx were t’ncn informed of the "wetland" label attached to it and told that a w etland delineation procedure must be obtained to show the event of the wetland area if it did not encompass the entire lot Wc had this study conducted by a licensed c-ganication, Aquatic EcoSolulions, Inc in November 2002. (results enclosed) In February, 2004 we had the lot resurveyed to show the boundaries of the wetland delineation (survey- enclosed). As of lius date we have entered into a purchase agreement to sell t’ne property to a developer who is familiar with the necessary follow-up proccd’oxes that need to be completed in order to construct a residence on this lot A pan of this agreement is that the developer will, at their cost, pay for sanitary sewer assessments and any improvements that arc necessary to ens-arc dial a suitable foundation for a residence be consiracicd Please note that a rough measurcmcni of the "non-wetland" area of the lot reveals that a residence of suitable size to conform to the limns imposed by the aforementioned Protective Cov enants and to conform to the general aesthetics of the surrounding homes can ’oc constaicted in conformance to existing wetland and lot-line setback limitations NMTHOUT any vananccs THE SITUATION AND REQUEST; Wc arc now in possession cf a purchase agreement for the lot that is labeled a “w etland” and that is the same size as others in this addition but is now nonconforming to the standards of the city (2 acre minimum). We therefore request that the city EXPEDITIOUSLY honor our request for a variance to the lot size #S007