11-13-2000 Council Packet - Laserfiche WebLink

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Outlet A: Outlet A is created as an access outlet for a private driveway to serve Lot 1 and Lot 2. Access catlots are required to be a minimum of 30' wide to accommodate drainage, snow removal and screening without encroaching on neighboring properties. Outlet A is 109' wide and no additional screening is needed. Lot 1 Driveway Wetland Crossing: The existing Lot 4 was created as part of the subdivision of Bill Kelley’s Land in 1977. At that time a flowage and conservation easement was dedicated over the wetlands as shown on the City’s protected wetland maps, except that a 50' corridor on the west side of the property was purposely not included in the easement to allow for future driveway access to the future back lot. The City Engineer at that time approved the legal description, but no comments appear in the application review record regarding this intent. In April, 2000, the Building Official granted applicant a permit to continue the driveway to the back lot. The back lot is accessed off the existing driveway as shown on Exhibit J, and crosses the delineated wetland at a width of 20-30'. It required less than 500 cubic yards of fill, therefore a Conditional Use Permit was not needed. However, the driveway permit may have been issued prematurely, because although the driveway crossing is not subject to the easement conditions, it is still subject to Orono’s wetland ordinances, MCWD and Wetland Conservation Act (WCA) regulations, and this is a DNR-protected wetland. There are some exemptions to the WCA regulations under which this driveway may fall, and this is for the MCWD to determine. While the City would likely not be in a strong legal position to ultimately deny a permit to fill for the purpose of creating access to property, the approval process should be completed. Tlierefore, a condition of preliminary plat approval should be that the City reviews and approves a wetland filling variance, and applicant should be required to provide approvals (or approval waivers) from each of the affected agencies with wetland jurisdiction. Wetlands: As noted above, the existing flowage and conservation easement was dedicated when the underlying property was originally divided off in 1977. The property owner has had the wetlands recently delineated on the property. Current delineation boundaries slightly differ from the original conservation and flowage easement boundaries. The flowage and conservation easement should be amended to reflect the new delineated boundaries. U2594 Jim Johnson 2240 Fox Street Class // Subdivision June 19, 2000 Page 3 Easements and Covenants; f y