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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 18 (5. Permit #2012-00424 - JAY AND ALYSSA KANIVE, 950 WILLOW VIEW DRIVE – APPEAL, Continued) The City’s wetland regulations have built-in triggers for implementation of a wetland buffer. Staff requested additional information be submitted with the permit application to evaluate whether or not a buffer was required. The Kanives were notified that a Manage 3 wetland was located on their property and additional information was requested, including an updated wetland delineation. It appears the wetland had expanded since the 1999 delineation. A new wetland delineation was conducted by Arrowhead in June and submitted to the MCWD for approval. The Arrowhead delineation showed the wetland boundaries have expanded beyond the original delineation and mitigation expansion areas established with the plat in 1999. When the homeowners provided the Arrowhead delineation to the MCWD for approval, the MCWD noted that per MCWD policy, because the original delineation conducted in 1999 and recorded with the plat was to be used for regulatory purposes, they would not require the new delineation. At that point the homeowners withdrew their Arrowhead delineation from the Watershed’s approval process. However, City Staff’s interpretation of the City Code requirements is that the apparent expansion in wetland boundary, coupled with the fact that wetland delineations are only valid for up to five years, suggests that in order to determine the setbacks, a new delineation was needed in order to meet City Code requirements. The applicant provided more detailed calculations regarding the amount of disturbance resulting from the project and it was determined to be less than 50 cubic yards. From the City’s perspective, although their project will only disturb 42 cubic yards and does not trigger establishment of a buffer, the Code requires delineation of the edge of the wetland for setback measurement purposes. This measurement assures that new structures are not build too close to the wetland resulting in a future nonconformity. Just prior to the final permit approval, Staff became aware of a patio and a small fire pit which were not shown on the survey. Based on the Arrowhead delineation, the fire pit and the seating area is potentially located within the defined area that would be a future buffer. In an effort to not further delay permit issuance, Staff indicated to the homeowners that both items should be included on the as-built survey. Additionally, the Arrowhead wetland delineation should be approved by the MCWD and shown on the as-built survey once the project is completed. Absent the submittal of the requested information, it is unclear whether the fire pit is located within the drainage and utility easement or within the wetland delineation boundary or buffer area for the wetland. To expedite matters, Staff placed a condition upon the permit stating if the fire pit was found to be located within the delineated wetland boundary, it would need to be removed or relocated prior to the release of the escrow. If the as-built survey showed the fire pit located only within the drainage and utility easement, the property owners would need to obtain an easement encroachment permit with the City prior to release of the escrow. The Kanives have paid their permit fees but they are contesting the conditions placed upon the permit and therefore have not obtained the permit. Item #03 - CC Agenda - 05/13/2013 Approval of Council Minutes 04/22/2013 [Page 6 of 18]