03-25-2002 Council Packet - Laserfiche WebLink

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The property met all code requirements in 1991 and was considered a buildable lot at that time. 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. The larger wetland basin causes two development issues for the property owners. First, the wetland basin’s size has limited the building envelope to a small comer of the property. The area available to develop is then substantially reduced by the required 30' setback to the back property line and side yard setback. Secondly, because the area of the wetland is larger it then reduces the actual lot size. Properties in the LR-1B zoning district are required to have a minimum lot size of 1 acre. In 1991 the lot size of the property was 1 acre. Lot size is measured as the area of a property that does not include lakes, rivers, or areas of the property that is frequently under water or which sustains emergent aquatic growth (wetlands). Because the area of the wetland is larger than first believed the actual area of the lot is reduced to less than one acre. Additionally, in 1998 the City eliminated the use of wetland credit for sewered properties. A variance to lot area is required to permit construction on the property. Pertinent Ordinances Section 10.24. Subdivision 5 (B): A variance is required to lot area to allow construction on the property since the defined lot area is less than 1 acre. Section 10.55. Subdivision 8: Variance to permit land alteration and construction of a garage within a protected wetland and 26* wetland buffer. Wetland Impact The MC WD has stated the total wetland impact of the garage is 130 s.f. Total impacts to the buffer encompass 776.1 s.f. The MCWD reviewed the application and variances were approved by the MCWD on January 24,2002. There approval was subject to the property owners completing the following: 1.The property owners will mitigate a total of 2,180 s.f. of wetland on the property to compensate for the wetlands lost to fill and structures. Property owners will execute a declaration for the preservation of wetland buffers. j.Site will be graded to direct stormwater away from the wetlands and towards Wildhurst Trail. City staff has discussed the issue of water runoff being directed towards Wildhurst Trail. The City of Orono is not in favor of having water draining directly towards the street. The property is located at a low point where w*ater can reach elevation where it will cross the street. Wildhurst Trail also does not have stormwater drains, curb and gutter, etc. To protect the street and meet the intent of the MCWD approval the site drainage from the site will be managed by allowiug only a minimum amount of runoff that will get to the street. The remainder of the runoff would be directed to a ditch #02-2745 Ilona and Kenneth Peterson 1074 Wildhurst Trail February 19.2002 Pa|e2of4