12-14-1998 Council Packet - Laserfiche WebLink

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#2355 Tumham Toll Addition December 11, 1998 Page 2 Conservation and Flowage Easement Language The applicant requests a slight revision from our standard Conservation and Flowage Easement language, to 1) allow the existing fence within the wetland on Lot 1, Block 1 to remain and be maintained, repaired and replaced as necessary; and 2) to allow continued use of the wetland area within the fence as pasture and grazing area. Pasture and grazing are Permitted Uses within wetlands per the provisions of zoning code Section 10.55, Subd. 9 and 10. Fences are not a listed permitted, conditional, or accessory use within wetlands, although a fence might be considered as falling within the category of "residential accessory structure". The existing fence could remain as a legal nonconforming structure since it appears it was in place as early as the 1 950s based on our old airphotos. This delineated wetland area has been used as pasture for many years. Park Dedication Fee The City Assessor has established a Fair Market Value for Lot 1, Block 2 and Lot 1, Block 3 at $68,000 each. The 8% fee would amount to $5,440 per lot, but per Resolution No. 4063 the residential park fee is capped at $4,900 per unit, hence each of these 2 lots will be charged a park dedication fee in the amount of $4,900 for a total of $9,800. We are advised that mylars will be available for signature at the Council meeting. Staff Recommendation Staff recommends the granting of final plat approval, including acceptance of the revised language of the conservation and flowage easement. Filing of the plat and documents by the City Attorney will be authorized as soon as all final documents have been signed and fees paid. COUNCIL ACTION REQUESTED Adopt the attached resolution granting Final Plat Approval for the Tumham Toll Addition. i