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Application Date: 5/17/00 <br />Completion Date: 5/17/00 <br />120 Day Deadline: waived <br />COUMril <br />NOy ) 3 2000 <br />CITY Ur <br />I- <br />berg* <br />REQUEST FOR COUNCIL ACTION <br />Department Approval: <br />Name Wendy Bottenberi <br />Title Zoning Administrator/Planner <br />Item Description:tt2594 Jim Johnson <br />2240 Fox Street <br />Preliminary Subdivision <br />DATE: 11/I3/0Q <br />ITEM NO.: (f <br />Agenda Section: Zoning <br />Zoning District:RR-IB One Family Lakeshore Residential District (2 Acre) <br />List of Exhibits: <br />A Site Plan/Preliminary Plat <br />Permit approvals from MCWD <br />DNR jurisdiction waiver <br />Resolution <br />Staff Reoott and Exhibits of6/19/2000 <br />B <br />C <br />D <br />E <br />Application Summary: The applicant has applied for a Preliminary Plat for a two-lot subdivision <br />of an 8.1 acre site located on Fox Street. The property is located in the 2 acre zone and will create <br />one new building site. This 2- lot subdivision is a front/back split, hence the back lot meets the <br />150% (3-acre) area requirement. Bt‘h lots meet or exceed the standards of the Zoning and <br />Subdivision Codes for such a division. The existing residence on Lot 2 will meet all required <br />'etbacks, and septic testing has been completed and approved for both lots. The back lot is provided <br />access off Fox Street via Outlot A. Outlot A is significantly wider than the normal 30' coiridor to <br />serv'e a back lot; however, its status as an Outlot precludes any chance that it can be used for other <br />than driveway purposes. <br />Wetland Variance/CUP for Driveway <br />As part of this application, a variance to Section 10.55 Subd. 8 and a CUP for minor wetland filling <br />to create a driveway to Lot 1 is requested. The CUP is subject to the standards for work in the “Flood <br />Fringe” per section 10.55 Subd. 10. When the existing 8 acre parcel was created in 1977, the City <br />accepted a Conservation and Flowage Easement that left a corridor through the wetland for this <br />future purpose. In April, 2000, the Building Official granted applicant a permit to construct the <br />driveway to the back lot, based on that easement and based on the fill being less than tiie 500 cubic <br />yard threshold for requiring a land alteration CUP. It was later noted during review of the 1977 <br />subdivision file that no formal approvals had been granted for the wetland crossing; therefore, a <br />request for such approval has been added to this subdivision application. <br />The new driveway serving the back lot crosses the delineated wetland at a width of 20-30'. WTiile <br />the driveway crossing is not subject to the existing easement conditions, it is still subject to Orono’s <br />wetland ordinances, MCWD and Wetland Conserv'ation Act (WCA) regulations, and this is a DNP. <br />protected wetland.