12-11-1995 Council Packet - Laserfiche WebLink

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COUNCIL MEEHNG REQUEST FOR COUNCIL ACTION DEC 1 1 1995 DATE: 9Fn(h(^0||eKO ITEM NO,IC Department Approval: Nanu Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoninu Item Description: #2082 Richard Siark.575 Oxford Road - Vacatioa'After-the-Fact Variances Resolutions Brief Review of Application Please refer to the staff memo dated November 14. 1905 and the Planning Commission minutes of the November 20, 1995 meeting for more detail and background on this review. Applicant (purchsed property in August 1995) had no knowledge of a Conser\ ation & Flowage Easement as former owner and title company had never noted its existence. The designated wetland protected bv the easement covered all of applicant's lakeshore yard (refer to Exhibit K). Applicant proceeded to remove trees within the 0-75' setback area and within the protected area under the 1978 Conser\ation Easement created at the time of Stielow Addition. The Building Inspector discovered the violation in a routine inspection of the neighborhood and advised applicant's contractor to cease all work until necessarx ’ approval had been obtained from the City. The zoning staff and City Engineer have met with Mr. Stark on at least two occasions. We discussed the need to install erosion control and inspected the originally defined protected area to determine if a wetland truly existed within the boundaries of the protected aiea of the Conservation Easement After inspecting the lakeshore yard, staff concuired that the original wetland designation may have been ov erly generous. Applicant was advised to hav e a wetland delineation made of the area to deiemiine the exact boundaries of the true wetland. Refer to Exhibits G. H and J, the delineation report was reviewed by Gustafson who confirmed the findinus and approved the redesignation of the wetland. Applicant was advised to immediately install'suiiable groundcover over the nonwetkuid area and to plant appropriate wetland seeding such as Ma Dot mixture 250 in the wetland area. The City staff have inspected the area and confirmed that certain plantings within the wetland have taken and ;he Engineer will reinspect the properly in the spring to detemiine if other wetland seed types have also surv ived the winter. Refer to E.xhibit F, 10 trees were removed in the 0-75’ setback area. 10 trees within the area defined as A (newly defined wetland area not included in the 0-75' zone) and approximately 12 trees in the