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< . <br />ORONO CITY COUNCIL MEETING <br />MONDAY, JULY 8,2002 <br />6. M02-2793 Revis Stephenson, 1850 Fox Ridge Road—After-the-Fact Conditional <br />Use Permit and Variances—Continued <br />beyond the property lines onto two adjacent properties. Staff also identified areas where <br />there is fill that was added within 26’ of the protected wetland. On May 2,2002, staff sent <br />a letter ordering corrections. Due to road restrictions, trucks used to transport the fill were <br />not allowed on Fox Ridge Road. A May 16,2002 deadline was established, and at that <br />time, Mr. Stephenson requested the opportunity to apply for after-the-fact permits rather <br />than correct the problem. <br />Weinberger stated that the issues were that the applicant altered the land in excess of what <br />was allowed by the permits, encroached property lines, and came within 26’ of a wetland <br />area. He presented a cross-section view showing the previous slope of the land, the <br />permitted slope, and the present slope. He stated that the Planning Commission <br />recommended denial of the after-the-fact variances. The Planning Commission <br />recommendation included a finding, based on information provided the night of the <br />Planning Commission meeting, that a separate application is required for the adjacent <br />property owners. <br />Staff recommended that the variance to allow encroachment within 26’ of the wetland be <br />denied as no unique situation exists that should require an encroachment into the setback. <br />Also, approval of a variance to permit land alteration to occur within 26’ of a wetland <br />without demonstrating a hardship would be precedent setting. The existing grade was not <br />consistent w i the City’s requirement of a 3:1 slope and should be corrected. The <br />existing grade > extended the back yard by 38’, when the proposed plan was to eliminate <br />the very steep slope, but not extend the yard. Also, staff requested that Mr. Stephenson <br />have the adjacent property owners join him in, or consent to, the application. Both <br />adjacent property owners consented to the project in writing. <br />Weinberger stated there was concern over erosion and fill washing into the wetland. <br />Stephenson seeded the slope and planted trees at its base in an effort to prevent erosion. <br />Any resolution should include the following conditions: <br />1. All slopes shall be restored with a minimum of 4-inches of topsoil and seeded with <br />erosion control measures approved by the MCWD and City Engineer. <br />2. The silt fence shall be relocated to be a minimum of 26’ to the edge of the delineated <br />wetland and any fill within the area be removed, unless a variance is approved. <br />3. All soils within 26’ of the wetland shall be decompacted following construction <br />activity. <br />4. The City Engineer shall review and make recommendations on the plan prior to any <br />additional construction activity. • • <br />5. No portion of the hill shall have less than a 3:1 finished slope. <br />Barrett stated that while he needed to review the new letters from non-adjacent nei^bors.