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REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gaffron ~ Title: Senior Planning Coordinator Date: May 21, 1998 Item No.: // Agenda Section: Zoning Item Description: #2365 Christine Valerius, 3750 Bayside Road -Sketch Plan Zoning District: LR-lA, Single Family Lakeshore Residential, 2-acre Application: Sketch Plan Review of proposed subdivision to create one additional building site from this parcel containing 3.31 acres of dry buildable land plus 1.20 acres of wetland. Each of the 2 resulting lots are proposed to take advantage of the wetland credit per Orono Municipal Zoning Code Section 10.55, Subd. 15(A)(3). List of Exhibits A -Memo and Exhibits of May 11, 1998 B -Plat of Bayside Landing Second Addition (1992) C -Petition of Support Submitted By Applicant 5-18-98 Please review the memo and exhibits of May 11. Applicant was advised by staff in early April to proceed with this proposal as a sketch plan rather than as a formal preliminary plat, given the issues of: 1. Whether the property is considered as 'sewered' given the fact that only one unit was assessed as part of the Stubbs Bay project, for the existing house; and 2. Whether the City's intent in sewering Stubbs Bay was to create the possibility for wetland credits in the 2 acre zone to allow subdivision of properties which are not subdividable without the wetland credit. The fact that the Council is concurrently reviewing a zoning code amendment to eliminate the wetland credit makes it difficult to advise the applicant on whether she should proceed with a formal plat application. Staff does not wish to be in the position of having potentially usurped an applicants rights to come in under an existing code section by our recommendation to start the process with a sketch plan rather than a formal plat application. The issues noted above are perhaps somewhat muddied by the fact that virtually the same type of £