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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 18 (5. Permit #2012-00424 - JAY AND ALYSSA KANIVE, 950 WILLOW VIEW DRIVE – APPEAL, Continued) It is the Kanives request that they would like the City to issue the permit for the sport court without the conditions regarding the MCWD approval of the updated wetland delineation, without placement of the updated wetland delineation on the as-built survey, without placement of the constructed patio and fire pit areas on the as-built survey, and without relocating the fire pit should it be shown to be located within the 16.5 foot buffer from the updated wetland boundary. Levang noted there are three triggers but they have not met all of those triggers. Curtis indicated those three triggers together require the establishment of a buffer and Staff is not requiring a buffer. McMillan asked if it is normal to automatically require a delineation of a wetland. Curtis indicated the answer is yes if there is not a delineation on file or approved by the Watershed District within the past five years. Due to the proximity of the project to the wetland as well as the apparent change in the wetland boundary, it is Staff’s position that a wetland delineation is required to show the edge of the wetland to make sure the project is not built within the wetland and to help ensure that future nonconformities are not created. Jay Kanive thanked the City Council for spending time addressing this matter. Kanive stated unless the City Council has any comments about the submission already done as part of the appeal process, he has received Staff’s comments and he will go through their comments since there are some potential inaccuracies. Kanive stated the first paragraph in Staff’s report says, according to the Wetland Conservation Act, a wetland delineation is valid for a period of up to five years, which is false. Wetlands located in residential subdivisions, per the Minnehaha Watershed Creek, are actually perpetually in place for a residential neighborhood and the Minnehaha Watershed District perpetually relies on them. Kanive indicated he does have an e-mail from Catherine Bach at the Watershed District that states, “However, for developments like Willow View, the Minnehaha Creek Watershed District relies perpetually on the location of the wetland boundary as approved with the development permit even though it is over five years old.” Kanive stated their property does have the approved delineation. Orono approved the permit for the development of the entire Willow View neighborhood based on the delineations for each property. What happened during the development is that these delineations were never recorded on the individual plots that were sold off to individual residents. After the Minnehaha Creek Watershed District informed us that there was this plat, Kanive indicated he came back to the City and provided the delineation. The City did agree it was on file. Kanive indicated he is a little confused as to why Staff is still claiming that the Watershed District says that in five years it expires when in fact the Watershed District says it relies on them perpetually. Item #03 - CC Agenda - 05/13/2013 Approval of Council Minutes 04/22/2013 [Page 7 of 18]