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TO:Chair Hawn and Orono Planning Commission Members <br />Ron Moojse, City Administrator <br />FROM;Wendy Bottenberg, Zoning Administrator/Planner <br />DATE:November 20,2000 <br />SUBJECT:#2643 Patnck and Kirsten Burton <br />2601 Rainey Road <br />Variance -- Public Hearing <br />Zoning Dbtrict: RR-1 B One Family Rural Residential District (2 acre) <br />Lot Area:13.86 acres <br />List of Exhibits <br />A Site Plan/ Survey <br />Trees to Be Subdivision <br />Zoning File #1128, Trees to Be Staff Report <br />Resolution #2239 <br />Flowage and Conservation Easement <br />MCWD Application <br />Plat Map <br />Location Map <br />Property Owner’s List <br />B <br />C <br />D <br />E <br />F <br />G <br />H <br />I <br />Pertinent Code Section: <br />Variance to fill in wetlands for driveway crossing (10.55, Subd.8). <br />Application Summary: The applicants are seeking approval for driveway construction through <br />a wetland. This lot (Lot 3, Block 1) was created in 1988 with the approval of the plat of “Trees To <br />Be”. (Exhibit B). <br />“Trees To Be” created Outlot B as a corridor for future private road access to the lot. (Exhibit D). <br />In 1988, when this subdivision was approved, approval for access over the wetland was not granted. <br />However, at that time it was noted approval would be required w4ien the lot was developed. (Exhibit <br />C). When the subdivision was approved a flowage and conservation easement was t^en over the <br />wetlands, therefore a variance to the terms and conditions of the flowage and conservation easement <br />is required for this proposal, and the zoning variance process is the normal way such approvals are <br />granted. Because the proposal is for less than 500 cubic yards of fill, a land alteration permit can be <br />granted at the staff level when the fill approval is granted. <br />The proposal is to encroach upon the wetland with less than 125 cubic yards of fill to construct the <br />driveway. The wetland is a t> pe 2 wetland and not a city protected wetland. The total wetland area <br />impacted is approximately 1500 square feet. This is actually less fill than would be needed if <br />applicant was going to extend the road for a further subdivision but that is not proposed. <br />U2643 Pairick/Kirsten Burton <br />2601 Rainey Road <br />Variance <br />11/20/2000 <br />Page 1 <br />u