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A <br />CompletioD Date: <br />60 Day Dcadliac: <br />2/14/02 <br />4/16/02 <br />TO:Chair Hawn and Orono Planning Commission Members <br />Ron Moorsc, City Administrator <br />FROM:Paul Weinberger, Zoning Administrator/Planner <br />DATE:February I, 2002 <br />SUBJECT:/^02-2745 Ilona and Kenneth Peterson <br />1074 Wildhurst Trail <br />Variances - Public Hearing <br />Zoning District: <br />Lot Area: <br />LR-IB One Family Lakeshore Residential District (1 acre) <br />Lbt of Exhibits: <br />A <br />B <br />C <br />D <br />E <br />F <br />G <br />H <br />I <br />J <br />Application <br />Plat Map <br />MCWD Permit Approval (January 25.2002 Letter) <br />Site Plan <br />Wetland Impact Map <br />City Engineer Comments <br />Copy of Plat of Wildhurst Estates <br />Building Elevation Views <br />Floor Pans <br />Property Owners Notification List <br />Application/Background: Property owners have requested variances to permit construction of a <br />new 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 within the <br />26' buffer area around the wetland. <br />The City's Flood Plain and Wetlands Management ordinance (Section 10.S5) does not permit filling, <br />grading, excavation, hardcover, and structures within a protected wetland and within 26’ of the edge <br />of the w etland. The property owners were aw are of the w etland 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 Conservation Act rules for delineation were established when <br />the plat of Wildhurst Estates was filed. In 2002, determination of a wetland boundary 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 show n 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 />#02-2745 Dona and Kenneth Peterson <br />1074 Wildhurst Trail <br />February 19.2002 <br />Page 1 of4 <br />7