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MINUTES OF THE • <br /> ORONO CITY COUNCIL MEETING . <br /> Monday,August 26,2013 <br /> 7:00 o'clock p.m. <br /> (9. WETLAND DELINEATIONS CODE INTERPRETATION, Continued) <br /> Kanive stated having permanent wetland delineation gives the same certainty to the property owners as <br /> those located along the lakeshore. For example, lake levels are not measured every five years to <br /> determine if the house is set back far enough from the lake or if an improvement needs to be set back <br /> further. Those landowners know what they have to comply with. In addition,the standard of expiring <br /> wetland delineations puts the risk of shrinking or expanding wetlands on existing homeowners near or on <br /> wetlands. Kanive noted the widening of Willow Road that is currently taking place is going to cause <br /> more runoff in general. Kanive stated had this stance been clear,he would have been opposed to the <br /> widening of Willow Road since any expansion of a wetland is forced to be borne by the residents. Kanive <br /> stated if the wetlands are expanded,there effectively is the taking of property, which does not appear to <br /> be a sustainable or equitable situation for the homeowners. <br /> Kanive indicated he did quickly read through the information compiled by Staff and that he is not sure <br /> where the confusion lies. Kanive stated Page 3 of Staffls memo says the same thing he said in his <br /> application back in April,which is,Minnehaha perpetually relies upon wetland delineation. An email <br /> from Catherine Bach says that as long as you are not constructing a large,brand-new house,the setback <br /> will be based on the old wetland boundary. Kanive stated he does not see any change in that. <br /> Kanive stated he understands the memo from Staff to the Council insinuates that he was told something <br /> incorrect,but the e-mail from Catherine Bach on April 29 to Lynda Peterson with BWSR says as long the <br /> project triggers a permit under the Watershed District's Erosion Control Rule and that is the only thing <br /> that triggers it and it does not involve any other wetland impacts,the applicant only needs to show the <br /> location of any existing buffer on the property required under a past permit on their plans, which would <br /> be based on the old boundary. Kanive noted his entire neighborhood has a permit from the original <br /> development that clearly shows the old boundaries. <br /> McMillan stated the way she interprets it is that the buffers are determined based on a delineation and the <br /> buffer line is set in stone. When the Minnehaha Creek Watershed District says here is your buffer, it is <br /> based on a delineation done at a certain point of time and it is then set. <br /> Kanive stated according to Catherine Bach,the buffer stays and the wetland delineation stays. <br /> McMillan stated with respect to the wetland delineation that would remain in place for that buffer. The <br /> buffer is determined based on the delineation line that was completed at the time the buffer was <br /> determined. <br /> Kanive stated the email states that even if the wetland boundary changes from when it was originally <br /> delineated,which it sounds like it may have happened in this instance,the location of the buffer of is <br /> required but the WCA permits do not change with that boundary. The email goes on to say that for <br /> developments like Willow View,the MCWD relies perpetually on the wetland buffer as approved with <br /> the development permit, even those over five years old. <br /> Page 12 of 21 <br />