03-08-1999 Council Packet - Laserfiche WebLink

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9. The subject property contains two isolated wetlands. The larger wetland at the south end of the parcel is a designated Department of Natural Resources Protected Wetland (Type 3 shallow marsh PEMIF) and is subject to Department of Natural Resources regulations below the Ordinary High Water Level (OHWL). The northwest comer of the property is a Type 7 wooded swamp (PFOSC). 10. The filling of the wetlands on the property has gradually occurred during the last twenty years. A. B. The subdivider has indicated that he intends to provide the adjacent property an easement for a driveway over a strip of land parallel to the west property line from CSAH 15 (Shoreline Drive). The land area to be included in the easement agreement was also used to calculate the total lot area and density. The Department of Natural Resources (DNR), the Minnehaha Creek Watershed District (MCWD), and the Army Corps of Engineers have regulations related to filling and restoring wetlands. 11. Concurrent with the subdivision application, the subdivider has also submitted an application for a Planned Residential Development for a 29 unit townhome development; and WHEREAS, the applicant claimed that the City erred and sued in District Court for compliance with Minnesota Statutes 15.99, requiring action on an application within sixty (60) days unless the City extends the review period in writing; and WHEREAS, an order by Judge Charles Porter, Jr., Fourth District Court has required the City to approve a preliminary plat and planned residential development without the ability to work with the applicant to address concerns such as the need for a second access onto County Road ^ 5; and WHEREAS, the City has considered its right to appeal from the judgment of Judge Porter and will agree to waive its rights if an appropriate settlement of this matter can be reached; and Page 4 of 12