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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,May 8,2017 <br /> 7:00 o'clock p.m. <br /> 16. #17-3922 CITY OF ORONO,TEXT AMENDMENT: WETLANDS REGULATIONS— <br /> ORDINANCE NO. 196,Third Series.—continued <br /> Kinve stated if a fire pit is built to code in the first place, it has to be surrounded by a certain measure of <br /> flat surface,and if the entirety of the fire pit structure is outside of the buffer, it will not impact the buffer. <br /> Kinve noted he would not have been allowed to build his sport court if he had to comply with the 35-foot <br /> setback. <br /> Walsh asked if the City is getting rid of the 5-year requirement on wetland delineations. <br /> Barnhart stated a question was raised at the Planning Commission meeting about how to treat those <br /> delineations. Under current regulations, a wetland delineation is good for five years and no changes are <br /> being proposed to that. The purpose for that is that wetlands tend to change over time. <br /> Walsh noted that is not a rule of the City and so therefore no changes can be made to it. <br /> Kinve stated the Watershed District for additions of accessory structures does not require a new wetland <br /> delineation. That would include a sport court,a patio or deck, a fire pit,or reconstruction of the house on <br /> the existing footprint. If there was a tear down and reconstruction of a different house,that property <br /> owner would need a new delineation to make sure the new house meets the same standards. <br /> Walsh stated he wanted to make sure that everyone was on the same page with that. <br /> Barnhart stated the five-year rule is not proposed to be changed. <br /> Kinve stated as long as someone is not rebuilding their entire home,the existing delineation is permanent <br /> to the property for purposes of smaller accessory structures and a new delineation is not required. <br /> Walsh asked if a new delineation would be required if Mr.Kinve would want to construct a deck ten <br /> years from now. <br /> Barnhart stated in that situation, Staff would use the best information they had,which would be a wetland <br /> delineation. Barnhart stated in Mr.Kinve's situation, if he were to tear down his house and build a bigger <br /> one and there is a declared buffer on the property,the Watershed District would use that buffer as the <br /> edge and a new wetland delineation would not be required. If there was no declared buffer,then a new <br /> wetland delineation would be required. <br /> Christopher Jones,2320 Longview Circle, stated there does not seem to be a great need for this ordinance <br /> change and that when circumstances arise that might require adding a buffer and working from that,the <br /> variance process for that type of maneuver would be wonderful but that it can be take on a case-by-case <br /> basis rather than changing the entire ordinance so that it redoes everything. Jones stated there does not <br /> appear to be a great need for this change but that he does agree there are places where Orono can make a <br /> bigger difference by requiring buffers or doing things with variances. In the case of adding fire pits or <br /> hardscape, if the homeowner wants to have a variance granted,then the City is well within their right to <br /> allow that. Jones stated the current process allows some give and take through the variance process. <br /> Page 26 of 34 <br />