11-20-2017 Planning Commission Packet

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17-3988, 17-3989, 17-3990 November 20,2017 Page 2 of 10 would impact the Watershed's buffer and the city's setbacks. In all,several variances (17-3988), conditional use permits(17-3990),easement vacation(17-3989),and wetland impacts, all requiring a public hearing,where identified, and the approval of the preliminary plat was conditioned on approval of these requests. 17-3988 Variance: Wetland has been delineated along the entire lake perimeter of the property. The applicant is proposing to place the driveway 1.8 feet from the wetland boundary at the SE corner of the property. Per the Watershed District, a wetland buffer of 25 feet will be required. The city requires a setback of 10 feet from the buffer for structures and hardcover.This will require a variance to allow hardcover to be placed within the City's wetland setback and relief from the Watershed's rules regarding buffer The applicant is proposing to meet all other setback requirement for the 2 newly created lots at part of the Plat.The applicant is also requesting driveway width variance for the 12 foot width proposed driveway to be placed within the 75 foot lakeyard setback where a 8 foot maximum is allowed. The 12 feet represents a reduction in the normally required shared driveway width of 20 feet. The Fire Department supports the narrow driveway with the condition that the homes be sprinklered. 17-3989 Vacation: The applicant is looking to vacate two exiting easements that are not in use. There is a driveway easement that will no long be aligned with the proposed development. It is beneficial to formally vacate the easement for clean title. The applicant is also requesting the vacation of an underground utility easement used for sanitary sewer by the City of Orono. The existing easement does not line up with the placement of the existing sewer pipe. The city is requesting the applicant vacate the unused utility easement and create a new utility easement over the existing sewer pipe. Per engineer comments,the newly created easement must be a minimum of 10 feet wide on either side of the pipe,creating a total of a 20 foot wide underground utility easement for the sewer line.This new easement will be created as part of the final plat. 17-3990 Conditional Use Permit: The applicant is proposing to alter the existing floodplain by adding fill to create a building envelope above the flood elevation for the proposed homes and to create proper drainage for the site. The applicant is proposing to add fill in the center of the project then gradually grade away from the homes towards the lake. This grading will impact a small wetland in the center of proposed Lot 2. Preliminary discussions with the watershed indicate this impact will fall under their de minimis criteria, and need not be mitigated. The proposal to create beach would bring the wetland impact beyond the de minimis threshold, requiring mitigation of all wetlands. Staff does not support the alteration of the wetlands for a beach. Plan C3.1 (Exhibit D)depicts the change in the floodplain and the proposed grading for the development. To achieve appropriate grading and drainage for the site the applicant proposes removing 1,231 cubic yards of poor soil and bringing in 2817 cubic yards of fill. Overall there will be 1583 cubic yards to fill being added to the exiting site.A CUP is required if there is 500 or more cubic yards of earth being moved on a site. A portion of this cutting and filling will occur in the 0-75 lake yard. They anticipate a totally number of trucks could range from 130-230 depending on the soil conditions. LOT ANALYSIS WORKSHEET for the Total Site Development Section 78-1605-Setbacks: