02-19-2002 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 19,2002 6:30 o'clock p.m. (#02-2745 Ilona and Kenneth Peterson, Continued) Weinberger stated a large portion of this lot consists of wetland or shoreline area for Lake Minnetonka, with the actual building pad consisting of a small area. The entire lot consists of approximately one acre in size. In 1991, the assumed wetland boundary went around the 930 contour and the entire area was protected with a drainage and utility easement. Since 1991,the methods of determining wetlands have changed,with the Wetland Conservation Act being enacted. It was determined at the time the owners applied for a building permit that the wetland boundary was much further back on the property than originally believed. Weinberger stated the entire building area is located in one corner of the site, and is further restricted by the 30 foot setback to the back property line and side yard setback. Weinberger stated at the time the house was designed on the property, it was determined that the garage area would be located within the wetland area as well as within a floodplain,which has since been revised. The property met all code requirements in 1991, and was considered a buildable lot at that time. Weinberger stated some additional grading is being proposed to help raise the building pad in order to accommodate construction of the home and to raise the building pad above the floodplain. The Applicants are requesting a variance to lot area since the dry buildable area has now been determined to be less than one acre. In 1991,when it was originally platted, it was a one-acre lot and met the requirements,but the code no longer allows wetland credit for sewered lots. In addition, a variance to the wetland ordinance is being requested to permit land alteration and construction of a garage and a portion of the deck within a protected wetland area and within the 26 foot buffer area. Weinberger stated the Minnehaha Creek Watershed District has reviewed this application back in January, and approved a variance which allows the garage to be constructed within the actual protected wetland boundary and associated grading with the garage. Weinberger stated two areas are proposed on the property for mitigated wetland, which will create a total of 2,180 square feet of wetland on the property. Weinberger stated the property owners would execute a covenant, which would be recorded on the Chain of Title, which would insure the protection of the wetland buffers. The MCWD also recommended that the site be graded to direct storm water away from the wetlands towards Wildhurst Trail. Staff has discussed drainage towards Wildhurst with the MCWD. The City of Orono is not in favor of having water draining directly towards the street. The property is located at a low point where water can reach an elevation where it will cross the street. Wildhurst Trail also does not have storm water drains or curb and gutter. Weinberger stated a mutual agreement was reached with the MCWD that allows for only a minimum amount of runoff to get to the street, with the remainder of the runoff being directed to a ditch area along Wildhurst Trail and then off into the mitigated area of the wetlands. This will allow the water to cross over as much land as possible before impacting the existing wetlands and lake. The City Engineer is recommending that the foundation of the building be located 15 feet from the actual sewer line, which creates a situation requiring the house to be located further to the north and caused a portion of the garage to be located into the wetland area. Staff recommends approval of the application based on the five hardships outlined in Staff's report. PAGE 9