07-17-2023 Planning Commission Packet

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FILE # LA23-000005 July 17, 2023 Page 3 of 4 (5) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the state building code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (6) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the state building code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (d) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minn. Stat. § 103G.245. (e) A levee, dike or floodwall constructed in the floodway must not cause an increase to the one percent chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. (f) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Conditional Use Permit Analysis The proposed seawall meets the requirements of the City floodplain regulations. The proposal will also be required to obtain all necessary permits from the appropriate agencies MCWD and LMCD regarding the project. There are no specific Building Code construction standards for seawalls and will rely on an engineered design. The City will require that a building permit be issued to document the construction of the seawall. The City's primary concern regarding this project is the access to the seawall and the construction of it. The seawall is adjacent to City -owned property, Lydiard Beach. The construction of the proposed seawall will require access through and staging on City owned property. The City will require a temporary encroachment agreement to be executed by the applicant and the City for the construction of the project. As part of the permit, the City will require that any damage to Lydiard Beach during the construction process be mitigated and repaired. Further, the City will stipulate that the entire project take no more than 30 days to complete. The applicant has acknowledged this requirement and confirmed that the project will be completed in that timeline.