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r <br />f <br />Onn%i^il MfTc:T\NJG <br />Application Date: 11/16/00 <br />Completion Date: 11/16/00 <br />60 Day Deadline: 1/16/01" <br />NOV 2 7 2000 <br />REQUEST FOR COUNCIL ACTION <br />Cl I T or <br />Department Approval: <br />Name Wendy Bottenberg <br />Title Zoning Adminstrator/Pianner <br />DATE: 11 27/00 ^ <br />ITEM NO.: 3 <br />Agenda Section: Zoning <br />Item Description:^2643 Patrick and Kirsten Burton <br />2601 Rainey Road <br />Variance <br />Zoning District: <br />Lot Area: <br />RR-IB <br />13.86 acres <br />One Family Rural Residential District (2 acre) <br />Lbt of Exhibits: <br />A Resolution <br />B Staff Report and Exhibits of 1 l/20i^000 <br />Application Summary: <br />The applicants are seeking approval for driveway construction through a wetland. This lot (Lot 3, Block 1) <br />was created in 1988 with the approval of the plat of “Trees To Be”. <br />“Trees To Be” created Outlot B as a corridor for future private road access to the lot. (Exhibit D). In 1988, <br />when this subdivision was approved, approval for access over the wetland was not granted. However, at that <br />time it was noted approval would be required when the lot was developed. (Exhibit C). When the <br />subdivision was approved a flowage and conservation easement was taken over the wetlands, therefore a <br />variance to the terms and conditions of the flowage and conser\'ation easement is required for this proposal, <br />and the zoning variance process is the normal way such approvals are granted. Because the proposal is for <br />less than 500 cubic yards of fill, a land alteration permit can be granted at the staff level when the fill <br />approval is granted. <br />The proposal is to encroach upon the wetland with less than 125 cubic yards of fill to construct the driveway. <br />The wetland is a type 2 wetland and not a city protected wetland. The total wetland area impacted is <br />approximately 1500 square feet. This is actually less fill than would be needed if applicant was going to <br />e.xtend the road for a further subdivision but that is not proposed. <br />The applicants have submitted an application to Minnehaha Creek Watershed District for wetland alteration. <br />The proposal is scheduled for the MCWD Board of Managers review meeting on November 28, 2000. If <br />onsite mitigation is required, it will be minimal and can easily occur on site. <br />1.Variance to fill in wetlands for driveway crossing (10.55, Subd.8). <br />PLANNING COMMISSION: <br />The Planning Commission recommended by a 6 to 0 vote to: <br />Approve the application as presented. <br />STAFF RECOMMENDATION: <br />To approve the enclosed resolution. City Council shall review this application but the City will not issue <br />a permit umil the Minnehaha Creek Watershed District reviews this application. When the applicant <br />has met MCWD conditions and issues a permit, the City will then issue a permit.