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03-19-2012 Planning Commission Packet
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03-19-2012 Planning Commission Packet
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, ., <br /> 12-3544 <br /> 15 February 2012 <br /> Page 8 of 9 <br /> CUP The purpose for the grading proposed within the 75 foot setback is primarily to remove the <br /> existing home and brick patio foundations and create a level yard area adjacent to the proposed <br /> home. Due to the proposed proximity to the lake of the new residence hardcover it may be <br /> appropriate to require a vegetated shoreline buffer strip along the rip rap and within the areas of <br /> floodplain alteration. As part of the City's CUP review and approval of the building permit a <br /> shoreline buffer planting plan should be required. The buffer should function as mitigation for <br /> hardcover and stormwater runoff within the 75'zone. <br /> Wetlands The new home triggers the application of the City's wetland buffer regulations requiring <br /> wetland buffers be established and maintained. The required buffer widths and buffer setbacks <br /> have been shown on the survey; existing and proposed encroachments are shown within the buffers <br /> and buffer setbacks as well. A comparison between the delineated wetlands shown in Figure 5 of <br /> the wetland delineation report and the survey revealed boundary inconsistencies. The <br /> inconsistencies should be addressed with a revised survey so that appropriate buffers and buffer <br /> mitigation can be provided on site. Additionally, the classification of the Wetland 1 is incorrect on <br /> the survey. Wetland 1 is a Preserve classification wetland and is represented on the survey as a <br /> Manage 1 wetland. The buffer width requirements for a Preserve wetland are 50 feet, 15 feet <br /> greater than a Manage 1 wetland and the survey should be updated to correctly reflect this <br /> inconsistency. As shown on the survey a portion of the home will encroach into the required buffer •� <br /> setback from the required 70 foot setback (50' buffer + 20'• buffer setback) from Wetland 1 <br /> (approximately 14 feet) and a variance is required. With the building permit for the new home the . <br /> applicant will be required to submit a buffer establishment or improvement plan which not only <br /> � complies with the wetland code but mitigates for the encroachments wherever possible. <br /> A fence currently exists on the property along Ferndale Road, within the 75' lake setback area and <br /> within the floodplain. This fence extends from Ferndale Road to the lake on the eastern side of the <br /> property. It offers screening; however the applicant should be encouraged to explore alternant, <br /> vegetative screening measures which would serve the property owners as a screening measure and <br /> also offer wetland and lake buffering benefits. There is an additional fence along the side lot line <br /> with a gate. It is unclear from the survey whether or not either of the fences are proposed to <br /> remain. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the owners propose to use the subject <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variances, if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variances? Vegetative shoreline <br /> buffering along the lakeshore? Wetland buffer mitigation? Vegetative screening from <br /> the lake or from Ferndale Road, etc? <br /> 4. Are the hardcover levels and setbacks proposed supported by practical difficulties? Is <br /> there room to reduce driveway or sidewalk hardcover without reducing functionality or <br /> creating additional practical difficulties? <br /> 5. Are there any other issues or concerns with this application? <br />
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