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Review of Hardships <br />1 . The property met all code requirements in 1991 and was considered a buildable lot at that <br />time. The new wetland boundary as determined by Aquatic EcoSoIutions, Inc., Golden <br />Valley, Minnesota, shows a larger wetland basin than what was thought to be located on the <br />property. <br />2. The larger wetland basin causes two development issues for the property owners. First, the <br />wetland basin's size has limited the building envelope to a small comer of the property. The <br />area available to develop is then substantially reduced by the required 30* setback to the back <br />property line and side yard setback. <br />3. Because the area of the wetland is larger than first believed, the actual area of the lot is <br />reduced in size to less than one acre. The City of Orono did find in 1991 that the area of the <br />property was 1 acre. The change to the wetland determination method has changed the <br />defined lot area of the property, as has the ability to credit wetland as buildable area. <br />4. The location of the sewer service I O' from the south property line shifts the building location <br />an additional 10' to the north, which causes the wetland buffer impact. <br />5. The property owners have identified areas on the property to mitigate a total of 2,180 s.f of <br />wetland on the property to compensate for the wetlands lost to fill and structures. <br />6. The 17.76 ’ setback to the street property line is justified by the fact the wetland area restricts <br />any development further north on the property. <br />Staff Recommendation <br />Staff recommends approval of the application based on the hardships noted. A recommendation of <br />approval is conditioned on the following: <br />1. The property owners will mitigate a total of 2,180 s.f. of wetland on the property to <br />compensate for the wetlands lost to fill and structures, as also required by the MCWD. <br />2. Site will be graded to direct stormwater away from the wetlands and into the ditch along <br />Wildhurst Trail. <br />3. All silt fence should be installed prior to any clearing, filling or grading activity. Silt fence <br />shall remain in place until all vegetation has been established. <br />4. The City shall review the proposed driveway design and determine the appropriate access to <br />the property, <br />S A public drainage, utility and access easement shall be granted over the south 20' of the <br />property. <br />6. No grading or heavy equipment should be allowed within the easement area.