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5 <br />Completion Date: 2/14/02 <br />60 Dav Deadline: 4/16/02 <br />TO: <br />FROM: <br />DATE: <br />SUBJECT: <br />Chair Hawn and Orono Planning Commission Members <br />Ron Moorsc, Cit> Administrator <br />Paul Weinberger, 7 ning Administrator/Planner <br />March 14. 2002 <br />#02-2745 Ilona and Kenneth Peterson <br />1074 Wildhurst Trail <br />Variances - Public Hearing <br />Zoning District: <br />Lot Area: <br />List of Exhibits: <br />LR-IB One Family Lakeshore Residential District (I acre) <br />A <br />B <br />C <br />D <br />Draft Planning Commission Minutes (Februarj' 19. 2002) <br />Revised Site Plan <br />Wetland Buffer Impact Zone Map <br />Planning Report (Februarv’ I. 2002) <br />Initial Application: Property owners have requested v ariances to permit construction of a new <br />house and detached garage on the properly. The variance is to permit land alteration and <br />construction of the garage and a portion of the deck within a protected wetland area and w ithin the <br />26' bufl'er area around the wetland. <br />The City's Flood Plain and Wetlands Management ordinance (Section 10.55) does not permit tilling, <br />grading, e.xcavation. hardcover, and structures within a protected wetland and within 26' of the edge <br />of the wetland. The property owners were aware of the wetland regulations and required setbacks, <br />however the actual regulatory boundary of the wetland was revised when a 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 infonnation that was <br />determined in 1991 before the Wetland Conservation Act rules for delineation w ere established w hen <br />the plat of Wildhurst Estates was tiled. In 2002. determination of a wetland boundary must be <br />completed by methods required by the Zetland Conservation Act. Attached is a cop\ of the Plat of <br />the Wildhurst Estates show ing 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 all protected wetlands, <br />as was done in 1991. <br />Planning Commission Review (February 19,2U02) <br />Planning Commission reviewed the proposed variance application and determined the garage should <br />be shifted out of the wetland area. 1 he Planning Commission commented it w ould be the preferred <br />option to have the garage within the front yard setback rather than encroach into the wetland. A copy <br />of the draft minutes are attached as Exhibit A. <br />1