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#02-2793 Revis Stephenson 1850 Fox Ridge Road Page 2 of 3____________ indicates a slope of less than 3:1. This would not be consistent with the general recommendation that Finished slopes not have less than a 3:1 slope. Wetland Setback Variance Below the hillside is a large wetland. The City of Orono requires a 26’ setback to wetlands for any land alteration activities. A final wetland delineation was submitted following the project and wetlands were staked. The fill has been located as close as IT to the edge of the wetland. The average distance the base of the hill is to the wetland boundary is between 20-25'. Planning Commis.sion Review and Recommendation The Planning Commission had been given information that the application to permit fill on the adjacent properties had not been applied and new applications would be required to be submitted. Mr. Thomas Barrett, City Attorney, has reviewed the application and has determined the application is legal as presented. That determination is based on the fact that the adjacent property owners did not do the land alteration and were not aware that the work had occurred on their properties until after the alteration had occurred. The conclusion is the adjacent property owners are not required to obtain permits. However, the adjacent property owners after-the-fact consent is vital to the request. By a vote of 6 to 0 the Planning Commission recommended denial of the application. Denial of the application would require the applicant restore the property to the elevations previously approved by the 2001 Conditional Use Permit. The Planning Commission recommended denial of the application to permit an after-the-fact variance and conditional use permit for land alteration w ithin 26* of the wetland, the denial includes any alteration beyond the previously approved elevations. No recommendation was provided regarding the land alteration over the property lines and on the neighboring properties. This resulted from the information that was provided regarding the legality of the application. Staff Recommendation Staff recommends the follow ing: I.The variance request to allow encroachment of the base of the hill to within 26' of the wetland be denied. Section 10.55. Subdiv ision 8 of the zoning ordinance prohibits any land alteration within a wetland and within 26' of wetlands. A variance requires a hardship and no hardship is justified in this case. The additional fill located w ithin the 26' setback was done to extend the base of hill and there is no unique situation that exists that should require an encroachment into the setback. Additionally, any approval of a variance to permit land alteration to occur within 26' of a wetland without demonstrating a hardship would be precedent setting. 1