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� °� <br /> • o � � <br /> - a..� ♦ C ITY of ORONO <br /> � • ��,yf%.�. I ' . <br /> � <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> �L� o4�G No. 4 � 4 4 <br /> kESi3 <br /> 5. The City Council reviewed this item and has made the following findings of fact: <br /> A. A revised wetland delineation was submitted by Ronald P.Peterson,Peterson <br /> Environmental that indicated the actual wetland boundary that had been <br /> conducted in December 2001,under winter conditions,was not accurate. Mr. <br /> Peterson indicated the previous delineation report referred to snow cover <br /> conditions that obscured much of the herbaceous vegetation. <br /> � B. The Planning Commission had reviewed a plan that indicated a very <br /> substantial violation of the wetland buffer had occurred. <br /> C. The new delineation report completed by Peterson Environmental moves the <br /> actual delineation line further to the east resulting in a total impact to the <br /> wetland buffer azea of only 300 s.f. The encroachment is only in the center of � <br /> the property. <br /> • . � D. The hillside has been completely seeded with native grasses to prevent <br /> erosion. The grasses have been successfully established and the wetland <br /> buffer area has also had natural revegetation occur. Any regrading on the <br /> �property would require removal of established vegetation. <br /> E. The Planning Commission had been given information that the application to <br /> permit fill on the adjacent properties had not been applied for and new <br /> applications would be required to be submitted. Mr. Thomas Barrett, City <br /> Attorney,has reviewed the application and has determined the application is <br /> legal as presented. That determination is based on the fact that the adjacent <br /> property owners did not do the land alteration and were not aware that the <br /> work had occurred on their properties until after the alteration had occurred. <br /> � The conclusion is the adjacent property owners are not required to obtain <br /> permits. However, the adjacent property owners' after-the-fact consent is <br /> . vital to the request. <br /> F. The City of Orono has received written documentation that both adjacent <br /> property owners consent to the changes on their properties. <br /> G. The Council has requested, in order to ensure the new slope has adequate <br /> erosion control in place, that a full landscaping plan be incorporated. The <br /> • property owners have planted 21 trees since the grading was completed. An <br /> additional 12 trees have been proposed to be added to the hillside. <br /> Page 3 of 8 <br />