04-13-1998 Council Packet - Laserfiche WebLink

Home Browse Search

Mr. James Touve March 22, 1994 Page 2 -0066 3. 4. 5. 6. 7. 8. 9. Further, the fact that Lots 58 through 61 yield a parcel with less than 1/2 acre dry biiildable contiguous area which can ’t be readily accessed without encroaching on the wetland, suggests that Lots 58 through 61 are not buildable. It can, however, be argued that while adding Lot 57 makes 58 through 61 potentially buildable, that reduces the Olsen property to a less conforming or nonconforming status. Under the Wetland Conservation Act, any filling or draining of wetland requires approval from the Minnehaha Creek Watershed District, and perhaps the U.S. Army Corps of Engineers. It is likely that in order to confirm your dry buildable area you will have to hire a consultant to perform a wetland boundary delineation under the State mandated methods. Note that the City code allows no filling, grading, etc. within this wetland or within 26’ of its boundary. Even with Lot 57, it may be impossible to create a driveway to the rear of the property without encroaching into the wetland setback. You must gain approval from Hennepin County Department of Transportation for a new driveway location entering on the county road. The Orono I^blic Works Department would have jurisdiction over use of the alley for access. The 30’ setback from the rear lot line and 26’ wetland setback yield a building envelope barely wide enough for constmction of a house. A rear setback variance for new construction may .. ; difficult for the Planning Commission and Council to justify, given all the other factors involved with this property, as well as the fact that a City natural park area exists directly north of the property. Filling of the w land to create a better driveway or building envelope simation, even with 2 to mitigation of wetlands, might be viable only if the wetland is determined to have merely storm water quantity/quality values which might be enhanced by such work without destroying other vi lues. As of this writing, the City has not determined whether a downstream storm water pond (east of 4064 North Shore Drive) is viable, necessary or appropriate as a tradeoff to your contemplated filling of the wetland. Lots 58 through 61 have been valued and taxed as nonbuildable since at least 1974 according to City tax records. For example, in 1977, Lots 55-56-57 were assessed at a total valuation of $3,388.00 for 0.81 acre or $4,180.00 per acre; Lots 58 through 61 had a total combined value of $880.00 for 0.92 acre or $960.00 per acre, i.e. less than 1/4 of the value of the homestead lots. In 1993, Lots 55-56-57 were valued at $31,600.00 or $39,000.00 per acre, while Lots 58- 59-60-61 were taxed ac a valuation of $100.00 each or $435.00 per acre, i.e.