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Zoning File #1904 <br />May 9. 1994 <br />Page 2 of 3 <br />this met with the approval of the City of Orono. Planning Commission members should be <br />aware that it is the responsibility of the City of Orono to enforce all Federal flood plain <br />regulations. The Watershed District also reviews and issues permits for any activity that <br />involves the alteration of the flood plain of Lake Minnetonka. <br />The City has reviewed the applicants ’ plan of mitigation proposing the excavation of <br />some 630 cubic feet to the south or street side of the propeny. The proposal involves the <br />excavation of approximately 6" over a 36' x 35' area. To qualify <br />excavation would have to take place below the 931.5 elevation and above the 929.4 OH L <br />of Lake Minnetonka. As Gustafson s comments note (Exhibtt H), the total excavatton wou <br />result in a retention pord at a 2' depth as credit would only begin once you reach the 931.5 <br />elevation <br />Gustafson recommends a shallow trench or swale be excavated out to the lake along the <br />side, preferably the west side of the property as the east side contains more mature planting. <br />He notes that, based on the review of topographic information, excavations within this area of <br />the property would be located within the Hood plain and qualify. The drainage swale would also <br />provide positive drainage fron: .. ...ence. In fact during the Planning Commission s review <br />of this application (review Exhibit D), applicants advised that it was their plan to create drainage <br />swales to carry runoff to the lake. In further discussions with Gustafson, we concurred that <br />applicants should provide additional grading and drainage plans with the submission of the <br />budding pennit confirming the location and width of the swale noting that swale need not go any <br />further south from the lake than to the low retention area adjacent to residence and that spot <br />elevations be shown within swale confirming positive drainage to lake. Once apin, mitigation <br />credit can only be gained by excavations between the 929.4’ and 931.5’ elevations. <br />The MCWD has also asked that the regulatory flood protection elevation be set at 933.5 <br />rather than 932.5’ as required per Orono Municipal Ordinance Section 10.55, Subdivision 7 (B). <br />The Watershed District requires 2’ above the flood plain elevation at 931.5 . <br />Staff Recommendation <br />To approve the conditional use permit and variance for Eric and Shelly Liljequist that <br />would allow the filling and compensatory mitigation of 625 cubic feet within the flood plain of <br />Lake Minnetonka, based on the following findings: <br />1. Proposed improvements will not increase the runoff on the property. <br />2. The required swale will provide positive drainage on the property. <br />3. A permanent residence has existed on the property for over 50 years.