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m • <br />REQUEST FOR COUNCIL ACTION <br />DATE: <br />>*AY 9 1994 <br />' »rORnuITEM NO.: '•UltO <br />Departirent Approval: <br />Nmm Michael P Gaffron <br />Title Aisl. Planninf & Zooing Adm <br />Administrator Rcvirwed:Asrnda 5i«ction: <br />ZoOIRf <br />Item Descripthm: #1881 John and Donna Whitman, 1570 Sixth Avenue North - Variance/CUP <br />- Resolution <br />Application: Request for approval to construct a driveway erasing over protected tributary’. <br />List of Exhibits <br />A - Resolution <br />B - Notice of Planning Conimission Action <br />C - Memo and E.xhibits of 4,'15/94 <br />Discussion <br />Please review the memo and exhibits of April 15th. Brictly, applicant proposes to construct a <br />driveway across the protected tributary creek leading from Holy Name Lake in Medina to Long <br />Lake. <br />Planning Commission reviewed this application on April 18, 1994 and recommended approval <br />on a vote of 6-0 subject to a number of conditions (see Exhibit B). <br />Planning Commission did not specifically address the magnimde of the inherent hardcover <br />variance in their recommendation. Staff has added a fmding tliat the driveway, whether paved <br />or not, is considered hardcover, and a condition that the hardcover driving surface not exceed <br />the proposed 12’ in width. This yields approximately 155 lineal feel of driving surface 12’ wide <br />for a total of 1,860 s.f. of hardcover or 1.5% of the approximately i:0,000 s.f. 0-75’ zone. <br />Staff is advised by MCWD that they are about to issue a permit for this project subject to <br />obtaining all other required permits. The DNR is not requiring a permit based on the size of <br />the upstream watersKeJ. <br />Applicant is aware of the potential for construction of a sedimentation basin on the property as <br />part of the MCWD’s Long Lake Improvement Project. Because of the uncertainty of that <br />project, applicant has noted he likely will not commence his driveway and stream crossing until <br />the magiutude aiid impact of that project is finalized. P would obviously be pointless to <br />construct a stream crossing if the basin project will render it useless in a few years. Therefore, <br />unless Council wishes to extend the normal one-ycar approval expiration, applicant may be <br />requesting a renewal of this request in the future.