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i � <br /> 12-3544 <br /> 15 February 2012 <br /> Page 5 of 9 <br /> Conditional Use Permit <br /> Due to the removal of the existing home and to create a flattened yard area for the proposed home <br /> the applicant is proposing grading within the 0 to 75' zone which exceeds 10 cubic yards requiring a <br /> CUP from the City. A portion of this grading is below the 931.5' 100-year floodplain elevation (1% <br /> chance of flooding); this work within the floodplain requires a permit from the Minnehaha Creek <br /> Watershed District.Wherever floodplain filling is proposed, DNR and MCWD regulations require the <br /> floodplain be expanded elsewhere so there is no decrease in flood storage capacity. It also appears <br /> the applicant will be conducting grading below the 931.5' elevation at the rear of the property, <br /> however as this also appears to be in conflict with the existing driveway access for the neighboring <br /> property at 1185 Ferndale Road staff questions the accuracy of this representation. <br /> Zoning Code Sections 78-916 and 78-1286(e) provide guidance for the granting of a conditional use <br /> permit. Specifically,78-1286(e) states the following: <br /> (1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to <br /> determine how extensively the proposed activity would affect the following functional qualities of <br /> the wetland: Not applicable. <br /> (2) Alterations must be designed and cond,ucted in a manner that ensures only the <br /> smallest amount of bare ground is exposed for the shortest time possible. The applicant will be <br /> required to adhere to the City's erosion control regulations as well as the permitting requirements <br /> of the MCWD. � <br /> (3) Mulches or similar materials must be used,where necessary,for temporary bare soil <br /> coverage, and a permanent vegetation cover must be established as soon as possible.The applicant <br /> will be required to adhere to the City's erosion control regulations as well as the permitting <br /> requirements of the MCWD. Timely re-vegetation and stabilization will be a requirement of the <br /> permitting process. <br /> (4) Methods to minimize soil erosion and to trap sediments before they reach any <br /> surface water feature must be used. The applicant will be required to adhere to the City's erosion <br /> control regulations as well as the permitting requirements of the MCWD. Timely re-vegetation <br /> and stabilization will be a requirement of the permitting process. <br /> (5) Altered areas must be stabilized to acceptable erosion control standards consistent <br /> with the field office technical guides of the local soil and water conservation districts and the United <br /> States Soil Conservation Service. The applicant will be required to adhere to the City's erosion <br /> control regulations as well as the permitting requirements of the MCWD. Timely re-vegetation <br /> and stabilization will be a requirement of the permitting process. <br /> (6) Fill or excavated material must not be placed in a manner that creates an unstable <br /> slope. The area in question is relatively flat. The stability of the�nished grade will be component <br /> of the approval of the permits. <br /> (7) Plans to place fill or excavated material on steep slopes must be reviewed by the <br /> city engineer for continued slope stability and must not create finished slopes of 30 percent or <br /> greater. The project does not contemplate the creation of or work on steep slopes. Not <br />