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DM Applkattod lUctlvtd: 1-21-M <br />DM Appttolloa Coaridtftd u CwplM; 2-24M <br />iO-Dqr lUiriM Ptriod Eiplm: 4.2-04 <br />From: <br />Date: <br />Sabjcct: <br />Chair Smith and Planning Commissioners <br />Ron Moorse. City Administrator <br />Mike Gaffron. Planning Director <br />Febniary 2.2004 <br />#04-2985 Tom Cullum. 7S5 North Femdale Road • <br />CUP and Variance for Wetland Alteration • Public Hearing <br />Zoning District: <br />Lot Area: <br />RR-IB Single Family Rural Residential, 2-acre min. <br />(The property is also within 1000' of Lydiard Lake and therefore is Vkithin the <br />Shoreland Overlay District) <br />Gross: 147.500 s.f. + (3.4 acres) <br />Net (Eacl. Wetlands): 3.0 acres <br />Afi^koHon Summary: Applicant requests variance approval forTilIrngofa small portionof aCity- <br />protected wetland located mostly within applicant's property but partially within the neighbonng <br />property. The fill is Intended to allow for the establishment of w oody vegetation along the v^estem <br />property boundary. The 2,135 s.f. fill area will convert approximately 10% of the existing wetland from <br />ashallowopen water wetland to a wetland with saturated soils. Because the project will also involve <br />excavation of adjacent upland tocreate new wetland ^'^uinng a CUP), the project is being treated by <br />the Minnehaha Creek Watenhed District as a No Loss situation, and as a w etland restoration basedon <br />reducing the impacts of wetland excavation that occurred in the 1950’s. <br />StaifReamnumdation: Staff recommends approval of th^ proposed w etland alterations per the <br />conditions recommended by the City's wetland consultant, John Smyih of Bonestroo and Associates. <br />Pertinent Code Sections: <br />1. Section 78-1112; Development Restneted; Prohibition. Except as hereinafter spec! fically <br />pennitted. no filUng. grading, dredging, excavation, hardcover, temporary or permanent stnictutes, <br />obstructions, septic systems, well or other construction shall be allow ed within the Flood Plain and <br />Wetlands Conservation Area; nor on any lands within feet thereof; nor on any land within 75 <br />feet of the ordinary highwater elevation of any lake shoreline. <br />2. Sections 78-1 113/14(2b): “All dredging orexcavation of matenal from any lake bed, pond or <br />w ctlandor from adjacent land thereto" is a conditional use within the Roodw ay and Flood Fringe <br />Districts. This wetland (as all wetlands) includes areas w ithin those tw o Districts as defired in <br />Section 78-1108. <br />3. Section 78-1117; (Standards for floodway and flood fringe conditional uses) <br />4. Section 78-1286; (Shoreland standards for topographic alterations, grading and filling)