correspondence, etc on buildability of lot

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70l Dickey Lake Drive � June 3,2005 � Page 2 Because the City accepted the plat in 1982 under the current 2-acre zoning standards,with an area not encumbered bythe F&C Easement of less than 2.0 acres,and because the area of the currently delineated wetland apparently does not exceed the boundaries of the F&C Easement,it is my conclusion that a lot area variance is not required,pending MC WD confirmation that the delineated wetland boundary is correct. Orono is currently under a moratorium on issuing permits for any work within wetlands or within 26'of wetlands. This moratorium will likely result in new standards for wetland protection in Orono. The preliminary draft ordinance would require a 16'wetland buffer and a 20'structure setback from the buffer edge for a wetland of the size delineated by Svoboda. If adopted,that ordinance would result in a 36' setback requirement from the delineated wetland. Under the prior ordinance,a 26'wetland setback would be required. The moratorium is scheduled to expire August 23,2005. We hope to have a new ordinance adopted by that date. Any new construction on this site will be subj ect to the ordinances in effect at the time of building permit application. The RR-1 B standards require a 50'front and rear setback,50'side street setback,and 30'side setback farprincipal buildings. The south lot line abutting Dickey Lake Drive was established as the front lot line on the preliminary plat drawings.The east boundary ofthe property is a side lot line.If the MCWD accepts the delineated wetland per Svoboda,it appears there is ample space to construct a single family residence between the wetland and the east lot line,meeting all required setbacks. One access driveway to Dickey Lake Drive will be allowed. No access driveway to Willow Drive will be allowed. The City has no information regarding soil suitability for construction on this lot. It is my understanding that the City has approved connection to the municipal sewer system for this property, the costs of such connection to be paid by the property owner per Greg Gappa's memo dated September 27,2004. Water service will be by private well. Summary: 1. The lot does not require a lot area variance. 2. Prior to issuance of building permit, owner/applicant must provide evidence that the F &C Easement over the area defined as"Utility and Drainage Easement"is of record. If not,a new F &C Easement must be granted and evidence of filing(copy of easement with document number) must be provided. 3. Before a building permit is issued,written confirmation of MCWD acceptance of the Svoboda wetland delineation is required.