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Zoning File ^1989 <br />January 11, 1995 <br />Page 2 <br />of the Kelly Avenue right-of-way. Mr. Stoddard had unfortunately assumed that his contact with <br />the Public Works Department had covered any other necessary local government approvals. The <br />building inspector stopped the project and appropriate erosion control measures were taken. <br />Applicant immediately filed the necessary conditional use permit. <br />The area to be excavated is not a designated wetland and is located out of the proposed <br />water improvements for Kelly Avenue, review Exhibit L. <br />storm <br />Gustafson reports that the proposed project will have no negative impact on proposed Kelly <br />Avenue storm water improvements. The area to be excavated is not a protected wetland of <br />either the City, State or Federal authorities. The pond will provide additional retention of runoff <br />within the area. Gustafson cautions about proposed landscaping improvements within the <br />unimproved ponion of Kelly Avenue noting that large boulders or trees should not be planted <br />within the right-of-way. John Gerhardson will work with the applicant to ensure that right-of- <br />way is protected. It is doubtful whether the 5’-I- high berms will be allowed but this must be <br />resolved by the Public Works Director with the applicant. <br />The pond will be approximately 60’x60’ and will result in the dredging of some 600 cubic yards <br />of fill. The excavated fill shall either be used in the grooming of the sides of the pond and for <br />the additional landscaping within the street yard of the property. Any remaining fill will be <br />removed from the site. <br />Issues for Consideration <br />Applicant ’s addendum notes the p urpose of the creation of a pond is for aesthetics, retention of <br />surface runoff and environmental as ue had been previously filled and is covered with purple <br />loostrife. The Engineer confirms that the excavation of the pond will have no impact on the <br />future storm water improvement plans for Kelly Avenue. <br />1. <br />2. <br />Do Commission Members have any other concerns, i.e. safety, location of 6’ to 8 ’ pond <br />adjacent to roadway, need for physical barrier? <br />Any issues to address concerning the circumstances of the dredging of the pond without <br />the necessary permit approvals from the City . . . Have Planning Commission Members <br />any further questions to ask of applicant? <br />3. Any other issues raised by the Planning Commission. <br />Options of Action <br />Denial of conditional use permit. If conditional use permit is to be denied, please refer to the <br />necessary findings set forth in Section 10.09, Subd. 6(A).