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I MEMORANDUM To: From: Date: Subject: Attachments: Melanie Curtis, Planning & Zoning Coordinator Mike Gaffron, Asst. City Administrato~ August 31, 2011 Re: #11-3520 Review of Puzak Road Proposal 1. Puzak letter dated August 10, 2011 with suggested driveway sketch 2. Staff sketch ca. 2008 analyzing similar Puzak proposal 3. 1955 Airphoto with plat overlay 4. 1982 Preliminary Plat Approval Resolution No. 1415 (Puzak property) On August 15, 2011 the City received a packet of information from Mr. Puzak with regard to the Wingerd variance application. In addition to copies of easement documents, the information included a proposal for re-routing the private driveway that serves his properties , coupled with a suggestion that the Wingerds purchase portions of his property to make their lot more conforming in area. Baldur Park Road was originally dedicated and platted as a 30' wide road known as "Isle Boulevard" within the plat ofBaldur Park in 1912. Isle Boulevard abutted the southwesterly shoreline of the peninsula. While it is not known whether the original platted road corridor was completely on dry land, by the 1950s the portions of the platted corridor northwest of Lot 21 were under water, as evidenced by the City's 1955 airphotos on file. A private driveway easement was created in 1948 over Lot 20 to provide access to lots further out on the point. In 1951 the Orono Town Board vacated the (mostly underwater) portion of road corridor lying northwesterly of the extended southeast line of Lot 21. That vacation also extinguished any public interest in the existing driveway along the east shoreline of Lots 21-30 . The 1955 airphotos show that much of the southwesterly portion of Lots 21-23 was wetland. A wetland delineation performed by Schoell & Madsen, Inc. in April 2007 and shown on a June 15, 2007 survey by Demars-Gabriel Land Surveyors confirms the boundary of the current wetland. The driveway proposal submitted by Mr. Puzak brings up a number of discussion points and issues that would have to be resolved in order to be viable: 1) The proposed driveway location adds new hardcover within 75 feet of the 929.4 ' OHWL where no hardcover is allowed. 2) The proposed driveway location disturbs area within the required wetland buffer zone (with fill, hardcover, and general vegetation disturbance) which is 50' in width around the perimeter of this "Preserve" classification wetland. Creation of this driveway would trigger the establishment and development of a wetland buffer in this location. 3) The proposed driveway location would result in filling within a designated flood plain (areas below elevation 931.5') where no filling is normally allowed. 4) Stormwater management would have to be addressed.