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AGENDA ITEM Item No.: 13 Date: December 11, 2017 Item Description: #17-3988, #17-3989, and #17-3990 — Lake West Development, LLC, o/b/o Rick & Barbara Lupient, (PIDs 20-117-23-42-0001/0002/0003) "Ivy Place" — Variances, Easement Vacation, Conditional Use Permit — Resolution Presenter: Laura Oakden Agenda Planning Department Planner Section: Report 1. Purpose. The purpose for the action item is to consider multiple requests that were contingencies for the preliminary plat. The following are the requested action items: a. 17-3988: The applicant is requesting wetland setback and driveway width to exceed 8 feet within the lakeyard variances. b. 17-3989: Vacation of 2 utility easements for sanitary that needs to be relocated to correspond to the actual location of the utility c. 17-3990: Conditional Use Permit to allow over 500 cubic yards of fill in the floodplain, excavation in the floodplain, over 50 cy of fill in the lake yard, and wetland alterations for filling a small wetland location in the center of the proposed site and beach improvements. Since there are three different requests, three separate motions are necessary. 2. MN§15.99 Application Deadline. The application was received on October 18, 2017; it was considered as complete on November 8th, 2017. Therefore the 60 -Day review period expires on January 7th, 2017. Background. In September, the City Council reviewed and approved (17-3962) the Preliminary Plat for Ivy Place, a 2 lot residential subdivision at the northern end of Ivy Place, a public street. Ivy Place replatting the previously established the three lots into two buildable parcels and one outlot, as a front lot/ back lot configuration. The application suggest the construction of two homes meeting the setback requirements. To facilitate construction, substantial grading must occur, a small wetland must be filled in the center of proposed lot 2, and most of the existing trees on site will be removed. The driveway serving the properties 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. 4. Planning Commission Comment. On November 20, 2017 the Planning Commission held a public hearing and reviewed the application. Following the public hearing the Commission voted 5-0 on a motion to approve each request with the following conditions: a. 17-3988: Approval of the wetland setback approval of a variance for a driveway exceeding the 8' maximum width for driveways in the shoreland setback zone variance contingent on the following I. Final Plat Approval 2.MCWD Approval of the wetland buffer impact. The driveway will be within 2 feet of the wetland. b. 17-3989: approval of the proposed driveway and underground utility easement vacation contingent the following I. Final Plat Approval 2. Replacement with new utility easement on final plat 3. Engineering comments are met. In subsequent discussion with the city attorney, it appears the driveway easement is a private Prepared By: IC) Reviewed By: J. Barnhart Approved By: -Sb9a