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r /^02-2793 Revis Stephenson I8S0 Fox Ridge Road Page 3 of 3___________ Staff Recommendation (This rccoropicndalton » uachaaged and witbowt the benefit of the findings bv Mr. Prteiw. PctcriOB EBvIltwmeBUl) I.The variance request to allow encroachment of the base of the hill to within 26' of the wetland be denied. Section iO.55, Subdivision 8 of the zoning ordinance prohibits any land alteration within a wetland and within 26' of wetlands. A variance requires a hardship and no hardship is justified in this case. The additional fill located within the 26' setback was done to extend the base of hill and there is no unique situation that exists that should require an encroachment into the setback. Additionally, any approval of a variance to permit land alteration to occur within 26' of a wetland without demonstrating a hardship would be precedent setting. 2.The portion of the aftcr-tlic-fact permit for the existing grades is not consistent with the City ’s general recommendation that newly created slopes not be less than a 3:1 slope. The point on the property where the flat area of the back yard begins to slope is less than a 3:1 slope and should be corrected. The original plan to fill the back yard was to make the back yard safe by eliminating the steep drop only 30 ’ from the back of the house. The fill changed the slope of the back yard from a very steep drop to a gradual slope. The existing grades have extended the back yard an additional38. This is very clear on the illustration attached as Exhibit C. You can sec how the proposed plan would eliminate the very steep slope, but not extend the yard. Staff is not opposed to this change in the plan, however the grades should be changed to not be less than a 3:1 slope and remove the base of the hill from the 26' wetland setback. Staff has requested the Mr. Stephenson have the adjacent property owners join him in this application since Uie request is to allow the land alteration beyond the property lines. The legal notice was mailed including those two properties as part of the new application. Both property owners have consented to the project. Any recommendation shall include consideration of the following conditions; 1. 2. 3. 4. 5. All slopes shall be icstored with a minimum of 4-inches of topsoil and seeded or restored with some type of erosion control measure, erosion control plan shall be approved by the MCWD and City Engineer. The silt fence shall be relocated to be a minimum of 26' to the edge of the delineated wetland, and any fill shall be removed from within 26 ’ of the wetland (unless a variance to permit fill within the wetland setback is approved). All soils within 26 ’ of the wetland shall be decompacted following construction activity. The City Engineer shall review and make recommendations on the plan prior to any additional construction activities and corrections. No portion of the hill shall not less than a 3:1 finished slope. COUNCIL ACTION REQUESTED Motion to direct Staff to draft a resolution of approval or denial based on the findings and conclusions made by the Council. i