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Subject: Background #15-3773, Bill Brueggeman o/b/o Steve Elliott, 1400 Baldur Park Rd, Conditional Use Permit Public Hearing The property owner is planning to demolish the existing structure and construct a new single family home on the property. The new home must be constructed to conform to all applicable laws and regulations. In order to conform to the floodplain regulation, the lowest floor of the home must be at or above the regulatory flood protection elevation {RFPE). The RFPE is one foot above the elevat ion with 1% annual chance of flooding {formerly referred to as the 100- year floodplain elevation), and follows the 931.5' elevation contour. Therefore, the RFPE for Lake Minnetonka is established at 932.5'; the Minnehaha Creek Watershed District requires an additional foot above the RFPE for all openings. The applicant's proposal contemplates cutting and filling within the property in order to elevate the proposed home to meet the floodplain regulations. Conditional Use Permit (Section 78-916 & 78-1286(e)) Wherever floodplain filling is proposed, DNR and MCWD regulations require the floodplain be expanded elsewhere so there is no decrease in flood storage capacity . The applicant is proposing equal mitigation for the impacts on the property. The Planning Commission may recommend and the Council may grant a Conditional Use Permit {CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be consistent with the criteria in the code . Staff provided a CUP analysis in the staff report. The planning commission should discuss any of the criteria you feel appropriate. In addition to the City's CUP requirement for filling/grading below the 1% annual chance flood elevation, the activity is subject to a floodplain alteration permit governed by the MCWD. The applicant has submitted an application to the MCWD along with the required plans and engineering . The City engineer will assure that the permitting conditions of the MCWD are consistent with the 1-to-1 volume mitigation requirement of the FEMA floodplain regulations which the City enforces. Other than that, there are no specific additional requirements of the City's CUP review. In summary Staff recommends the Planning Commission hold the public hearing and allow any public comments to be entered into the record . The applicant should be required to provide proof of an approved MCWD floodplain alteration permit prior to placement on the City Counc r C • agendaforreviewof t hisCUP . (Uil}IDV]: AW)L, s~o).-, PJilll?},Wg~Vi---~elf/4J1 L _ 1 . ct Oto fut [Jl{e,-Halfu~ v fl VI, e.»c.--- w-O lt1(12--