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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 25, 2004 7:00 o'clock p.m. • ZONING ADMINISTRATOR'S REPORT 5. #04 -3007 HAROLD AND MILDRED BOWER, 1925 LAKEVIEW TERRACE — VARIANCE — RESOLUTION NO. 5237 AND ORDINANCE NO. 20,3 rd SERIES Murphy questioned how the application would have been effected if the applicant was required to adhere to the new wetland ordinance, as opposed to the 10 conditions now laid out in the staff recommendations. Gaffron explained that the applicant had filed his application prior to the new wetland ordinance and to the moratorium on wetland applications. He stated that it would be staff's perspective that the applicant has met the past wetland ordinance requirements for a 26' wetland buffer setback. While the applicant might have been granted more flexibility had the application been evaluated upon the new ordinance, which requires a 15' buffer, it would be staff's conclusion that a home could be built without affecting wetlands or drainage on the property. Gaffron noted that the applicant had requested that condition #10 requiring an easement around the ditch for ponding be revised. Bower explained that, in his opinion, the easement requirement for a 35' wide by 168' long ditch or pond put substantial hardship upon his request. He pointed out that the engineer's report indicates ponding would benefit those to the north, though an additional pond to the north would be required at a later date, and thus minimize his use of his lot now. Gaffron stated that, according to the stormwater management report, a proposed pond would be built at the north east corner of County Road 6. Gaffron admitted that the pond might not be a requirement if other tradeoffs could be achieved to help with filtration, such as a natural buffer strip. Mayor Peterson asked whether item #10 could be removed from staff's perspective. Gaffron indicated that the requirement could be removed in lieu of a condition requiring that a natural 5 -10' buffer strip either side of the ditch remain. Bower felt this was a reasonable request. Murphy indicated that he was not in favor of losing trees in order to create a larger pond or ditch on this property, if the property owner was in favor of maintaining a natural buffer area to the ditch. Murphy moved, McMillan seconded, to adopt ORDINANCE NO. 20, Third Series Approving an Amendment of the Orono Wetland Inventory and Classification Map. VOTE: Ayes 5, Nays 0. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5237, a Resolution approving a lot area variances subject to the nine conditions identified in the staff report dated October 21, 2004, and that a 5' natural buffer be maintained on both sides of the ditch. VOTE: Ayes 5, Nays 0 • The applicant mentioned that he was intending to sell the lot. PAGE 3 of 10