08-26-2002 Council Packet - Laserfiche WebLink

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Pertinent Ordinances: • Section 10.03, Section 19 (Grading & Filling) • Section 10.55 (Floodplain Ordinance), Various Sections • Section 10.56 (Shoreland Ordinance), Various Sections Anaiysb: The applicants wish to construct a tennis court on their property. The tennis court will be located southeast of the residence and meets front and side yard setbacks as required. The proposed construction is 180’ from Long Lake Creek where a 100’ setback is required for non-sewered property. The tennis court meets the required Orono 26 ’ setback from the delineated wetland on the property. However, it appears that the plans show a slight encroachment of fill into the 26 ’ wetland setback area at the south end of the court; in staffs opinion there is no hardship justifying this encroachment and plans should be revised to incorporate a low retaining wall or other method to allow this area to remain undisturbed. (Unlike the MCWD rules, Orono code does not specifically allow for filling/mitigation within the 26 ’ buffer area). It should be noted that the property was subdivided in 1983 prior to Wetland Conservation Act (WCA) regulations, and Orono took a Conservation & Flowage Easement over portions of the property deemed to be wetland at that time. The new delineation performed under the more recent WCA rules shows that areas now defined as wetland are more extensive on the site than those protected in 1983. In some locations the delineation shows wetlands that weren ’t included in the 1983 easement; in other locations, areas protected by the easement are not now considered as wetland, as can be seen from the heavy dashed line on Exhibit D-2. Septic System Concerns : The subject property is serviced by an on*site septic system. Staff has reviewed the existing septic system and it is not directly affected by the proposed tennis court construction. The area being used for tennis court would likely not be suitable for a future septic site due to its proximity less than 75’ to the wetland. Staff is concerned about the proposed “Wetland Buffer Mitigation ” proposed directly downhill from the existing mound system. Any fill or excavation in this area could have a severe impact on the functioning of the mound, as the downhill slope of a mound is a critical absorption area. Staff would recommend that another buffer mitigation site be located that will not impact this mound. Tim/Gqyle Devries 2180 Abingdon Way PC 8/19/02 Page 2 of 5