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• f <br />#02-2793 Revis Stephenson <br />I8S0 Fox Ridge Road <br />Page 2 of3____________ <br />indicates a slope of less than 3:1. This would not be consistent with the general recommendation tfiat <br />finished slopes not have less than a 3:1 slope. <br />Wetland Setback Variance <br />Below the hillside is a large wetland. The City of Orono requires a 26 ’ setback to.wetlands for any land <br />alteration activities. A final wetland delineation was submitted following the project and wetlands were <br />staked. The fill has been located as close as 17 to the edge of the wetland. The average distance the base <br />of the hill is to the wetland boundary is between 20-25*. <br />Planning Commission Review and Recommendation <br />The Planning Commission had been given information that the application to permit fill on the adjacent <br />properties had not been applied and new applications would be required to be submitted. Mr. Thomas <br />Barrett, City Attorney, has reviewed the application and has determine the application is legal as presented. <br />That determination is based on the fact that the adjacent property owners did not do the land alteration and <br />were not aware that the work had occurred on their properties until after the alteration had occurred. The <br />conclusion is the adjacent property owners are not required to obtain permits. However, the adjacent <br />property owners after-the-fact consent is vital to the request. <br />By a vote of 6 to 0 the Planning Commission recommended denial of the application. Denial of the <br />application would require the applicant restore the property to the elevations previously approved by the <br />2001 Conditional Use Permit. <br />The Planning Commission recommended denial of the application to permit an after-the-fact variance and <br />conditional use permit for land alteration within 26* of the wetland, the denial includes any alteration beyond <br />the previously approved elevations. No recommendation was provided regarding the land alteration over the <br />, property lines and on the neighboring properties. This resulted from the information that was provided <br />regarding the legality of the application. <br />Staff Recommendation <br />Staff recommends the following: <br />1.The variance request to allow encroachment of the base of the hill to within 26* of the wedand be <br />denied. Section lO.SS, Subdivision 8 of the zoning ordinance prohibits any land alteration within <br />a wetland and within 26* of wetlands. A variance requires a hardship and no hardship is justified in <br />this case. The additional fill located within the 26* setback was done to extend the base of hill and <br />there is no unique situation that exists that should require an encroachment into the settock. <br />Additionally, any approval of a variance to permit land alteration to occur within 26* of a wetland <br />without demonstrating a hardship would be precedent setting.