02-23-2004 Council Packet - Laserfiche WebLink

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Date Application Received: 1-21>04 Date Application Considered as Complete: 2<2-04 60-Day Review Period Expires: 4-2-04 To:Chair Smith and Planning Commissioners Ron Moorse, City Administrator From: Date: Subject: Mike Gaffron, Planning Director February 2,2004 #04-2985 Tom Cullum, 785 North Femdale Road - CUP and Variance for Wetland Alteration - Public Hearing Zoning District:RR-IB Single Family Rural Residential, 2-acre min. (The property is also within 1(XX)' of Lydiard Lake and therefore is within the Shoteland Overlay District) Lot Area:Gross: 147,500 s.f. ± (3.4 acres) Net (Excl. Wetlands): 3.0 acres Application Summary: Applicant n^uests variance approval for filling of a small portion of a City- protected wetland located mostly within applicant ’s property but partially within the neighboring property. The fill is intended to allow for the establishment of woc^y vegetation along the western property boundary. The 2,135 s.f. fill area will convert approximately 10% of the existing wetland from a shallow open water wetland to a wetland with saturated soils. Because the project will also involve excavation of adjacent upland to create new wetland (requiring a CUP), the project is being treated by the Minnehaha Creek Watershed District as a No Loss situation, and as a wetland restoration based on reducing the impacts of wetland excavation that occurred in the 1950's. Stqff Recommendation: Staff recommends approval of the proposed wetland alterations per the conditions recommended by the City’s wetland consultant, John Smyth of Bonestroo and Associates. Pertinent Code Sections: 1.Scction78-1112: Development Restricted; Prohibition. Except as hereinafter specifically permitted, no filling, grading, died^ng, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and Wetlands Conservation Area; nor on any lands within 26 feet thereof; nor on any land within 75 feet of the ordinary highwater elevation of any lake shoreline. 2.Sections 78-1113/14(2b): “All dredging or excavation of material from any lake bed, pondt^ wetland or ^m adjacent land thereto” is a conditional use within the Floodway and Flood Fringe Districts. Thi s wetland (as all wetlands) includes areas within those two Districts as defined in Section 78-1108. 3. Section 78-1117: (Standards for floodway and flood fringe conditional uses) 4. Section 78-1286: (Shoieland standards for topographic alterations, grading and filling) 1 tiJL