07-22-2002 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 22, 2002 • 6:30 o'clock p.m. ( #8) #02 -2793 REVIS STEPHENSON,1850 FOX RIDGE ROAD - AFTER - THE -FACT CONDITIONAL USE PERMIT AND VARIANCES As Council was familiar with the background for this application, Weinberger indicated that he would share with them the findings since the last meeting. Weinberger reported that this item was tabled by the City Council on July 8, 2002, at the request of Mr. Stephenson to allow his consultants to review the location of the wetland boundary. Ron Peterson, of Peterson Environmental, was hired by the property owner to do the wetland delineation and analysis. Weinberger noted that Mr. Peterson acknowledged that there had been areas on the property where an encroachment on the 26' wetland buffer occurred, however, Weinberger did not have copies of the report in time to include them in the packets. According to the most recent findings, Weinberger stated that Mr. Peterson depicted the wetland delineation further to the east than that of the December report. Although they were waiting for verification by MCWD, Weinberger believed the analysis to be accurate due to the December snow cover. Weinberger pointed out that, previously, it looked as if the entire width of the property had impacted the buffer zone. If the new delineation is accurate, only the mid point, 300 s.f., was truly effected. He added that due to settling, the slope is closer to the approved 3:1 slope. 0 Weinberger indicated that the property owner had installed all the vegetation for erosion control on the actual grade, including grasses approximately 1' tall that have been reestablished from the end of the yard to the buffer zone area. He stated that when he recently visited the property, he counted approximately 18 trees planted in the back yard so far averaging a height of 10 -12'. Weinberger stated that the Planning Commission recommended denial of the application on a 6/0 vote to permit an after - the -fact variance and conditional use permit for land alteration within 26' of the wetland, the denial included any alteration beyond the previously approved elevations. As the slope is closer to a 3:1 slope, the minor impact to the wetland buffer is a mere 300 s.f. Weinberger stated that there are four options for City Council to consider: approving the application as is with the addition of extensive planting and screening for neighbors; approve an amendment to the conditional use permit requiring the applicant to remove any fill that had been added within 26' of the wetland and move the hill back; approve a combination of option 1 and 2; or deny the application and require the finished grades to match the approvals granted in the original Conditional Use Permit. Upon meeting with Mr. Peterson at the site last week, Weinberger stated that Rene Schubert of MCWD was present. They had talked about, if the grades were approved as they exist, staff would recommend that there would be fairly intensive vegetation plantings on the property and hillside. While the grasses work pretty well for erosion control, Weinberger contended that PAGE 22 of 35