04-26-2004 Council Packet - Laserfiche WebLink

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wetland. That access was on private property, and the owner recently conv erted it to lawn area. The City has long held that the City has an obligation to provide reasonable access to the interior roads on the island for die needs of the few inland properties which do not abut the lakeshore, and for the occasional serv'ice or emergency vehicles which may need to access the island. B) A small wetland lies within the 90'wide dedicated riglit-of-way conidoi. Tlie wetland in question is approximately 1/8 acre in area and is not on the City ’s 1974 wetland inventory, and therefore is not defined as a “City-protected Wetland"; however, it is subject to Wetland Conservation Act (WCA) regulations, which the Minnchalia Creek Watershed District administers on the City ’s behalf. C) The project is being proposed under the WCA “de minimus’’ rules because it involves less than 400 s. f. of wetland area being filled. Tlicrcfore, the amount of fill and the impact of that fill is so minor as to not require mitigation. The proposed filling is 215 s.f at the SE comer of the wetland. The proposed driveway fill will be no clo.ser than 6' from the property line to the south. This complies with City requirements that do not allow filling within 5’ of a lot line. D) Tlie filling will impact u I2eubicyard area of flood plain. An equivalent volume will be excavated adjacent to the N W comer of the floodplain area within the right-of-way as equal mitigation. E) The driveway will constitute fillingof25 cubic yiuds of gravel in the 0-75'zone, requiring aCUP, and will constitute approximately 750 s.f. or 12% impervious surface in the 0-75' zone. These impacts are unavoidable in order to provide suitable access, and have been minimized by limiting the width of the driveway to 10'. F) Ilus application was prepared by Public Ser\ ices Director Greg Gappa with the assistance of John Sm>ih, Water Resource Specialist with Boncstroo & Associates, the City ’s engineenng luid environmental consultants, llie appropnatc applications arc being made to the MCWD. MCWD approval shall be required bcfiorc the project may commence. 4. The City Council finds that the hardships and special conditions supporting approval of the variances and CUP include the following: Page 2 of 6