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To: <br />From: <br />Date: <br />Chair Lindquist and Planning Commission Members <br />Ron Moorse, City Administrator <br />Michael P. Gaffron, Senior Planning Coordinator / <br />November 12, 1997 <br />Subject: Proposed Zoning Code Amendment - Land Alterations <br />List of Exhibits <br />A - Draft Ordinance <br />B - Existing Code Sections; <br />C - Legal Notice <br />-10.03 Subd. 19 <br />-10.03 Subd. 21 <br />-10.56 Subd. 16(JX4) <br />Summary of Proposed Code Revisions <br />The primary intent of this ordinance is to increase the current maximum 100 cubic yard limit on <br />staff-issued land alteration permits to 500 cubic yards. This change will be of benefit to residents <br />who wish to fill, excavate or regrade their properties in amounts over 100 cubic yards for various <br />purposes, but who would under the current ordinance need a Conditional Use Permit. <br />Under the new ordinance, permits could be issued by staff for up to 500 c.y. of earth movement for <br />those projects which are determined on a case-by-case basis to have no negative impacts. Any <br />project involving more than 500 c.y. would still require a CUP, and staff would have the authority <br />to refer to Council anv land alteration project where negative impacts are anticipated, regardless of <br />the amount of fill involved. <br />As a gauge of the impact of 500 cubic yards of fill, this is the equivalent of fifty 10-yard dump truck <br />loads. 500 cubic yards would create a berm 3' high with 3:1 sideslopes, 500’ in length. Or, 500 <br />cubic yards would cover a 1-acre lot about 4 inches deep. <br />Section 10.03 Subd. 19 is proposed to be reorganized for clarity but exhibits no substantive changes <br />in intent. This Section indicates that all grading requires a CUP. <br />Section 10.03 Subd. 21 is the "Exceptions" to the provisions of Subd. 19. The current Subd. 21 <br />limits to 100 c.y. the amount of land alteration allowed via staff permit. The proposed revision: <br />- reorganizes the wording of Subd. 21; <br />- changes the 100 c.y. limit to 500 c.y.; <br />- adds a sentence requiring a land alteration permit for work that is not being performed in <br />conjunction with a building permit; and <br />- adds an 'intent' statement regarding the use of fill for protection of frost footings.