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3 <br />C <br />Completion Date: 2/14/02 <br />60 Day Deadline: 4/16/02 <br />TO: <br />FROM: <br />DATE: <br />SUBJECT: <br />Chair Hawn and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />Paul Weinberger, Zoning Administrator/Planner <br />March 14,2002 <br />#02-2745 Ilona and Kenneth Peterson <br />1074 Wildhurst Trail <br />Variances - Public Hearing <br />Zoning District: <br />Lot Area: <br />List of Eihibits: <br />LR-IB One Family Lakeshore Residential District (I acre) <br />A <br />B <br />C <br />D <br />Draft Planning Commission Minutes (Februar> 19,2002) <br />Revised Site Plan <br />Wetland Buffer Impact Zone Map <br />Planning Report (Fcbmary 1,2002) <br />Initial Application: Property owners ha\e requested variances to permit construction of a new <br />house and detached garage on the property. The variance is to permit land alteration and <br />construction of the garage and a portion of the deck within a protected wetland area and w ithin the <br />26* bufler area around the wetland. <br />The City ’s Flood Plain and Wetlands Management ordinance (Section 10.55) does not permit filling, <br />grading, e.xcavation, hardcover, and structures within a protected wetland and w ithin 26* of the edge <br />of the wetland. The property ow ners were aware of the wetland regulations and required setbacks, <br />however the actual regulatory boundary of the wetland was revised when a new wetland delineation <br />report was completed on the property in December, 2001. <br />The property owners had done their original design based on wetland information that was <br />determined in 1991 before the Wetland Conser\ ation Act rules for delineation were established when <br />the plat of Wildhurst Estates was filed. In 2002, determination of a wetland boundaiy must be <br />completed by methods required by the Wetland Conservation Act. Attached is a copy of the Plat of <br />the Wildhurst Estates showing the edge of the wetland as defined in 1991. The edge of the wetland <br />is shown on the plat as a Drainage and Utility Easement. When properties are platted it is standard <br />procedure for the City to obtain a public drainage and utility easement over all protected wetlands, <br />as was done in 1991. <br />Planning Commission Review (February 19,2002) <br />Planning Commission reviewed the proposed variance application and determined the garage should <br />be shifted out of the wetland area. TTie Planning Commission commented it would be the preferred <br />option to have the garage within the front yard setback rather than encroach into the wetland. A copy <br />of the draft minutes are attached as Exhibit A. <br />1