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#17-3962 August 21, 2017 Page 4 of 6 on the lake side. The home at 3560 Ivy appears to be 35 feet from the lake. Because the survey indicates that 3560 Ivy does not abut the lake on the lagoon side, there would be no average lakeshore setback on the lagoon side. Since any new homes on Lots 1 and 2 must be at least 75' from the shore, staff would suggest that 75 feet become the required average setback regardless of which of Lots 1 or 2 is built on first. Access and Standards Access to the site is via a road easement that extends through 3560 Ivy Place, from the northern terminus of Ivy Place. An existing driveway easement (Document 1023891) will be vacated and replaced with a 30 foot wide Outlot A, serving both Lots 1 and 2. Outlot A will be located within the 75' lake yard, but generally outside of the Drainage and Shore Stabilization (D/SS) Easement (Document T5010662), illustrated on sheet C0.2. A portion of the Outlot will unavoidably encroach into this easement because the existing road easement terminates into the D/SS easement. While establishment of a cul-de-sac or more functional turnaround at the end of Ivy Place would be desirable, there is not sufficient room to accomplish that within existing right-of-way. Acquisition of additional right-of-way from the applicants' property would seem to be of marginal value given the configuration of the property and the close proximity of the lakeshore. Whether the addition of two new homes at the end of this street will cause future maintenance, service vehicle or emergency services issues is a point for discussion, to be addressed by the pertinent service providers (Public Works, Police, Fire). The neighboring property owner has raised concerns with access, outlined in the letter dated May 1, 2017, attached as Exhibit J. The applicant's attorney has responded in a letter dated August 4, 2017, attached as exhibit L. The city is not in the position to arbitrate the access question. Wetlands on Site and/or Impacted A very small wetland was delineated within existing Lot 3. The applicant proposes the filling of this wetland, triggering the Watershed District's review, which includes a 14 day public comment period. Watershed approval of wetland mitigation must be achieved prior to preliminary plat approval, it is recommended that this item not be placed on the City Council's agenda until this review is complete. The proposed beaches impact the wetlands beyond diminimuos limits. If the beaches are removed, the wetland may be filled without mitigation. 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. The wetland along the shore line and its buffer/ setback impact the proposed driveway at the extreme south end of the parcel. A wetland variance will be necessary for the driveway. Floodplain Alteration Filling activities exceeding 500 cubic yards in the Shoreland require a conditional use permit. Further, filling activities which exceed 1,000 cubic yards of imported material within the floodplain requires review of a conditional use permit. The Minnehaha Creek Watershed District (MCWD) will be reviewing the proposed grading and mitigation plan to assure the overall volume of flood storage has not been diminished. The lowest floor of the proposed home must be at or above the Regulatory Flood Protection Elevation (RFPE) for Lake Minnetonka which is 932.5 feet; the MCWD's regulations require low openings to be one foot higher at 933.5 feet. The proposed concept plan suggests a first floor elevation of 934.00. The Watershed district has requested additional information to verify floodplain regulations are met, their comments are provided as Exhibit I. Conservation Design.