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area to be graded along Wildhurst Trail and will be directed to the new mitigated wetlands. This will <br />allow the water to cross over as much land as possible before impacting the existing wetlands and <br />lake. <br />Sewer Location <br />A sewer line has recently been relocated out of the building pad of the lot. The sewer line is now <br />located about 10' north of the south property line. Because of the sewer location it is not possible <br />to construct the proposed house to the 10* side yard setback. The City Engineer has recommended <br />the house not be constructed within 15' of the sewer line. The result is a house that can not be built <br />within 25 ’ of the side property line. If the proposed house was allowed to be built only 1 O' from the <br />property line, it could be done to not encroach into the wetland, and only have a partial impact on <br />the 26' wetland buffer. <br />Since the line was relocated there is no record of a new utility and access easement being recorded <br />on the property. Because of the man hole locations on thej^r^rty and sewer line the City may be <br />required to access the property for routine maintenance,*^^!!^ an easement is necessary. <br />City Engineer Comments <br />City Engineer comments are attached as Exhibit F. <br />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 EcoSolutions, 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 10' from the south property line shifts the building location <br />an additional IS' to the north, which causes the wetland impact. If a house could be <br />constructed at the 10' setback the proposed development would not impact the wetland. <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 />002-2745 Dona and Kenneth Petenon <br />1074 Wildhurst Trail <br />February 19.2002 <br />Page3or4