2013-00442 - pool - Laserfiche WebLink

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Christine Mattson From: Jessica Loftus Sent: Wednesday, April 24, 2013 9:13 AM To: Jessica Loftus; Christine Mattson Cc: Melanie Curtis; Mike Gaffron Subject: RE: Pool season The minutes from her September appearance: MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 24, 2012 7:00 o'clock p.m. PUBLIC COMMENTS Rachelle Brady, 420 Deborah Drive, stated after complying with the regulations to upgrade her septic system in order to build a swimming pool, her application was denied due to a wetland issue. The wetland is very small in comparison to the overall property. Brady indicated she was originally told that the wetland was not an issue and then it became an issue approximately two weeks prior to construction of the swimming pool. Brady stated she is requesting the City Council waive the requirements for the wetland buffer. The property consists of 5 acres and the wetland buffer is located 400 feet from the pool. The pool would have no impact on the wetland area. The wetland area has been mowed for the past 20 years and has been consistently dry. Brady indicated she would be willing to leave the native grass in that area grow if that is what the City Council determines is appropriate. Brady stated her issue was that she was required to draft a new plan once the wetland became an issue and then needed to appear before the City Council and the Watershed District. Brady indicated approval of her swimming pool has now been pushed back almost a year. Two wetland specialists have looked at the property and initially determined that a wetland buffer is not necessary. Brady indicated her surveyor then received an e-mail from Chris Mattson with the City of Orono stating that their wetland specialist, Mark Perry, has met with Wayne Jacobson, the delineator, and they have agreed there is no wetland on the property and to please update the survey. That has been overturned after Chris spoke again with Mark Perry and others. Chris then indicated she was mistaken and that a delineation and other things will be required. In addition, Jesse Struve is requesting a wetland delineation even though he has not visited the property. Brady stated if the City Engineer would visit her property, he would find that the wetland is not an issue. Brady stated she would like this to become a win/win situation for both her and the City. A new mound system is being installed on the property in light of the pool but that if she is going to be denied a pool due to the wetland issue, she will not be completing the mound system. Brady requested the City Council waive the wetland requirements and allow her to construct a pool. Mayor McMillan asked if the City Council has the authority to waive the wetland requirements. Mattick indicated he is not familiar with the application but that the City Council does have the authority to waive the requirements following a review of her application. Brady asked what documentation the City requires. Mattick stated there is an application form that she would need to fill out requesting the City Council waive the wetland requirements. Mayor McMillan encouraged Ms. Brady to work with Staff on this issue. McMillan noted that Ms. Brady was not aware of the wetland buffer issue until approximately two weeks ago. Bremer asked whether the wetland buffer signs are located on her property. Brady indicated they are not and that the wetland delineator placed those on the plan. Curtis noted the plan is an exhibit that was prepared by the City's wetland specialist to illustrate to the property owner the location of a possible wetland buffer. The reason for the visit by the City's wetland specialist was in an attempt to agree on an area of wetland buffer and that a wetland delineation is not needed. Mayor McMillan stated it was her understanding that a wetland delineation would be required. 1