correspondence, etc on buildability of lot

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' CITY OF ORONO - MEMORANDUM � To: Lyle Oman, Building Official Street File, 701 Dickey Lake Drive Mimi Ryerse, Edina Realty (Fax: 952-476-5333) From: Mike Gaffron, Orono Planning Director Date: June 3, 2005 Subject: Buildability Status, 701 Dickey Lake Drive - Lot 1, Block 2, Ringerswood This lot was created in 1982 as part of the plat of Ringerswood. Prior to subdivision the lot included a small wetland in the southwest quadrant. That wetland was shown on the preliminaryplat drawings dated 2-4-82 as a 0.5 acre pond within a 2.5 acre lot,leaving 2.0 acres net dry area.The lot designation during the preliminary plat stage was Lot 2, Block 2, which changed to Lot 1 Block 2 on the final plat. The City accepted the plat subject to the filing of a Flowage and Conservation(F&C)Easement over the wetland area, which was to be shown as a"drainage easement"within the lot. The area of said easement showed up on the plat as a"utility and drainage easement". However,it was intended that the area be subject to the F&C Easement;if the F&C Easement does not show up in the chain of title for the lot,then a new such easement should be correctly granted prior to issuance of a building permit for the property. In 1987 or 1988 filling and excavating in the pond area occurred on the property without City approvals and without permits,in violation ofthe F&C Easement.Eventually apermitwas administrativelyissued to restore the pond and adj acent land to its approximate prior condition,and such restoration grading occurred. The land has remained undeveloped since that time. In 2004 the properiy owner and/or others began to pursue confirming the buildability ofthe lot. A wetland delineation was completed by Svoboda in 2004 which demarcated the existing wetland boundary under current delineation methods,and a survey was performed to show the boundary on paper. The boundary may have been reviewed and accepted by the Minnehaha Creek Watershed District(MCWD)but our files have no paperwork confirming that.Our MCWD maps show an extensive Type 2 wetland mapped within the site,encompassing approximately 1/3 of the site and extending to within 100'ofthe eastboundary. If this mapped wetland boundary is accurate,it severely limits buildability of the site. Before a building permit is issued,written confirmation of MCWD acceptance of the Svoboda wetland delineation is required. The dry buildable area of the property is defined by the area not encumbered by the F&C Easement.The total area of the property is approximately 2.46 acres per Hennepin County Tax Information. The area of the F&C Easement is approximately 0.66 acre per my calculation. The area of the delineated wetland is approximately 0.12 acre per my calculation. The dry buildable area of the property exclusive of the F &C Easement is approximately 1.8 acres. The property is zoned RR-1B which requires a dry buildable area of 2.00 acres.