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Request for Council Action continued <br />page 2 of 3' <br />December?, 1995 <br />Zoning File #2082 <br />area defined as B (nonwetland area prou .'ted under original Conservation & Flowage Easement). <br />Some of the trees were dead or dying and others were selected tor removal because of their specific <br />species. Tree removal does not provide lake views for the residence as the residence is located close <br />to the street. The original marsh t) pe vegetation adjacent to the lake prevents clear view of lake. <br />As applicant's hardship statement notes (Exhibit Cl-3). the goal was to develop a lawn and <br />maintainable yard. <br />The Planning Commission recommended that 10 trees be replanted in the 0-75 and 5 trees in area <br />A. Plantings were to be completed by July 15, 1996. Applicant continues to maintain erosion <br />control. StatT can report there has never been a problem with erosion or the degradation ot the 0-75 <br />setback area where a marshlike wetland exists. <br />At the Planning Commission meeting, applicant asked if he could use a weed wacker within the <br />wetland areas. ^StatY would recommend against the cutting of vegetation w ithin the wetland at this <br />time but to allow the wetland time to restore the natural vegetative cover. .Applicant must contact <br />staff before any cutting or removal of vetatation is planned w ithin the protected area. <br />Planning Commission Recommendation <br />Tlie Planning Commission recommended unanimous approval ot the vacation application ot Rick <br />Stark involving the property located at 575 Oxford Road that would vacate an original conservation <br />area dedicated in the plat of Stielow Addition approved by the City in 1978. This approval is based <br />on the soil delineation report by Jay Riggs. Environment Specialist, ot Westwood Protcssionals <br />Serv ices. Inc. dated July 31, 1995. and on the approval of the report by the City Engineer. Approval <br />is subject to applicant executing a new Conserv ation and Movvage Easement over the newly defined <br />wetland area. Conservation and Flowage Easement has been prepared similar to the one originallv <br />granted in 1978 that allowed for a 10' walkway through the wetland prov iding access to the shoreline <br />and residential dock. <br />The Planning Commission also recommended unanimous approval of the variances to Section 10.56. <br />Subdivision 16 (1) 1 and 2 and v iolation of the Flowage and Conserv ation I-asement that would <br />approv e the remov al of the trees in the protected areas subject to applicant repEmting 10 trees within <br />the 0-75' setback area and 5 trees within the remaining portion of redefined wetland (area A). <br />Plantings to be completed by July 15, 1996. <br />COUNCIL ACTION REQUESTED: <br />A. To either approve or amend vacation resolution vacating original Conservation Ea.sement <br />dedicated in the Stielow Addition.