07-08-2002 Council Packet - Laserfiche WebLink

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Status of the Project During routine inspections of the property it was determined that the amount of fill placed on the hillside has exceeded what was allowed by the Conditional Use Permit. The approved site plan indicated an area down the hill out from the center of the property would be the location of the fill. The approved grading plan indicates that there would be no land alteration closer than 15' to a property line. The City of Orono requested the property ovsner have a new survey completed to indicate where the land elevations had changed and by how much. Staff believed the amount of land alteration exceeded what was allowed by the Conditional Use Permit. The new survey completed by Gronberg and Associates, dated 6-6-02, confirms the land alteration not only encroached beyond the project area, but it went beyond the property lines onto adjacent property lines. Staff also has identified areas where there is fill that has been added within 26' of the protected wetland. Staff mailed a letter on May 2,2002 (please read Exhibit H) ordering corrections to the property. Staff initially requested corrections last winter and spring, but due to road restrictions and the mild winter trucks to transport the fill from the property were not allowed to legally use Fox Ridge Road. A May 16,2002 deadline was established to correct the problem. Mr. Stephenson contacted Staff and requested rather than correct the problem at that time he requested an opportunity to discuss the item as part of an amendment to the previous CUP. Staff informed Mr. Stephenson the only option he would have would be to request an after the fact conditional use permit to permit additional land alteration beyond the previous approval, combined with a joint application including neighboring property owners, and request an after the fact variance to permit the deposit of fill within 26’ of a wetland. Land Alteration Please refer to Exhibits B, C and D that illustrate what the land alteration conditions are comparing the pre-existing, approved and actual elevations of the hillside. The elevation of the back yard is 966'. The lowest elevation at the wetland is approximately 938 ’. The total drop of the hillside is 28'. The approved plan indicated an overall slope will be decreased to a 4:1 slope. Typically, the City will require grading projects have a finished slope of at least 3:1. The existing slope with the additional fill indicates a slope of less than 3:1. This would not be consistent with the general slope the City recommends. As of the date of this memo the City Engineer has not had an opportunity to review the plans to comment on the slope. Wetland Impacts Below the hillside is a large wetland. The City of Orono requires a 26' setback to wetlands for any land alteration activities. The proposed grading plan did not impact the wetland or wetland setback. A final wetland delineation was submitted following the project and wetlands were staked. The fill is located as close as 17' to the edge of the wetland. The average distance the base of the hill is to the wetland boundary is between 20-25*. 102-2793 Revis Stephenson Ul 1850 Fox Ridge Road Page 2 of4