03-25-2002 Council Packet - Laserfiche WebLink

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#02-2745 Ilona and Kenneth Peterson 1074 Wildhurst Trail Pape 2 of 3____________________ Planning Commission Rccommcndatioa The applicant's first submittal was to permit the garage to be constructed into the protected wetland. The Planning Commission reviewed that request on February 19, 2002 and determined the garage should be shifted out of the wetland area, even if that meant an encroachment into the street setback. The garage has been shifted closer to the street and is now located completely outside the wetland. All grade changes for the garage are outside the wetland. The Planning Commission reviewed the revised site plan on March 18, 2002 and recommended bv a vote of 7 to 0 to approve variances. The following variances are required: 1. Section 10.24, Subdivision 5 fB). Variance to permit construction on a property with less than I acre diy-buildabiw area. The actual lot area is approximately 0.8 acre. Based on the previous wetland determination the lot was found to be I acre and was created under the plat of Wildhurst Estates in 1991. 2. Section 10.24, Subdivision 5 (B). Variance to permit construction of the house I7.V6 ’ from the front propertj' line where 35’ is required. The garage encroaches into the street property line to avoid encroachment into the protected wetland. 3. Section 10.55, Subdivision 8. Variance to permit land alteration and construction of a garage and walkway within the 26 ’ wetland buffer. Review o'l* Hardships 1. The property met all code requirements in 1991 and was considered a buildable lot at that lime. The new wetland boundary as determined by Aquatic EcoSolutions. Inc., Golden Valley, Minnesota, shows a larger wetland basin than what was thought to be located on the property. 2. The larger wetland basin causes two development issues for the property owners. First, the wetland basin's si/e has limited the building envelope to a small comer of the property. The area available to develop is then substantially reduced by the required 35' setback to the back property line and side yard setback. 3. The area of the wetland is larger than first believed, the actual area of the lot is reduced in size to less than one acre. The City of Orono did find in 1991 that the area of the property was I acre. The change to the wetland determination method has changed the defined lot area of the property. 4. The location of the sewer service 10' from the south property line shifts the building location an additional 10' to the north, which causes the wetland buffer impact.