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Because the pond is not located in a protected wetland, no variances are required. A <br />conditional use permit is required only because land alteration greater than 500 cubic yards <br />had occurred as part of this project. <br />Protective Covenant: <br />The wetland shall be subject to a protective covenant filed in the chain of title of the affected <br />property, as an advisory to current and future property owners that the wetland is subject to WCA <br />regulation. <br />Staff Recommendation: <br />Staff recommends approval of the conditional use permit subject to the following conditions; <br />1. <br />o <br />40** <br />Applicant applies for a land alteration permit, <br />A protective covenant is filed in the chain of title of the affected properties as an advisory <br />to property owners the wetland is subject to WCA regulation. <br />3.A final as built survey, indicating finished elevations of the pond is submitted to the City and <br />accepted by the City Engineer. <br />4.Verification a MCWD permit has been approved for the pond construction. <br />Planning Commission Options for Action: <br />1.Approval of the after the fact conditional use permit, stating condtions. <br />2.Denial of variances, stating reasons. <br />3.Table, requesting further information and provide direction to the applicant. <br />4.Other Action. <br />#2569 W. Duncan MacMillan and William Waldron <br />1860 Fox Street <br />After-the-Fact Conditional Use Permit <br />Apriin, 2000 <br />pagt-3