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7 <br />Completion Date: 2/14/02 <br />60 Day Deadline: 4/16/02 <br />TO: <br />FROM: <br />DATE: <br />Chair Hauii and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />Paul Weinberger. Zoning Administrator/Planner <br />February I, 2002 <br />SUBJECT: <^02-2745 Ilona and Kenneth Peterson <br />1074 Wildhurst Trail <br />Variances - Public Hearing <br />Zoning District: <br />Eot Area: <br />LR-IU One Family Lakeshore Residential District (I acre) <br />List of Exhibits: <br />A <br />B <br />C <br />D <br />L <br />I <br />G <br />II <br />I <br />J <br />Application <br />Plat Map <br />MCWD Permit Approval (Januaiy 25.2002 Letter) <br />Site Plan <br />W etland Impact Map <br />r ty Engineer Comments <br />(. opy of Plat of W ildhurst Estates <br />Building Elevation Views <br />Floor Pans <br />Property Ovsners Notification List <br />Application/Background: Property owners have requested variances to permit construction of a <br />new house and detached garage on the property. The variance is to permit Ind alteration and <br />construction of the garage and a portion of the deck w ithin a protected wetland area and w ithin the <br />26’ buffer area around the wetland. <br />The City's Flood Plain and Wetlands Management ordinance (Section 10.55) does not permit filling, <br />grading, excavation, hardcover, and structures within a protected wetland and w ithin 26' of the edge <br />of the wetland. 1 he property owners were aware of the wetland regulati . and required setbacks, <br />however the actual regulator) boundary of the wetland was rev ised whe . • new wetland delineation <br />report was completed on the property in December, 2001. <br />The property owners had done their original design based on wetland information that was <br />detennined in 1991 before the Wetland Conserv ation Act rules for delineation were established when <br />the plat of Wildhurst Estates was filed. In 2002. determination of a wetland boundary must be <br />completed by methods required by the Wetland Conserv ation Act. Attached is a copy of the Plat of <br />the Wildhurst Estates showing the edge of the wetland as defined in 1991. The edge of the wetland <br />is shown on the plat as a Drainage and Utility Easement. When properties are platted it is standard <br />procedure for the City to obtain a public drainage and utility easement over a..‘ protected wetlands, <br />as was done in 1991. <br />•>02*2745 Ilona and Kenneth Peterson <br />1074 Wildhurst Trail <br />Februar> 19. 2002 <br />Page 1 of 4