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� O� <br /> O O <br /> , CITY of ORONO <br /> � ti <br /> '�' RESOLUTION OF THE CITY COUNCI� <br /> ��`9JfE Hp4��'� N0. �� `� � � <br /> S <br /> 9. The subject property contains two isolated wetlands. The larger wetland at the <br /> south end of the parcel is a designated Department of Natural Resources <br /> Protected Wetland (Type 3 shallow marsh PEMIF") and is subject to Department <br /> of Natural Resources regulations below the Ordinary High Water Level <br /> (OHWL). The northwest corner of the property is a Type 7 wooded swamp <br /> (PFOSC). <br /> 10. The filling of the wetlands on the property has gradually occurred during the <br /> last twenty years. <br /> A. The subdivider has indicated that he intends to provide the adjacent <br /> property an easement for a driveway over a strip of land parallel to the <br /> west property line from CSAH 15 (Shoreline Drive). The land area to <br /> be included in the easement agreement was also used to calculate the <br /> total lot area and density. <br /> B. The Department of Natural Resources (DNR), the Minnehaha Creek <br /> Watershed District (MCWD), and the Army Corps of Engineers have <br /> regulations related to filling and restoring wetlands. <br /> 11. Concurrent with the subdivision application, the subdivider has also submitted <br /> an application for a Planned Residential Development for a 29 unit townhome <br /> development; and <br /> WHEREAS, the applicant claimed that the City erred and sued in District Court <br /> for compliance with Minnesota Statutes 15.99, requiring action on an application within sixty <br /> (60) days unless the City extends the review period in writing; and <br /> WHEREAS, an order by Judge Charles Porter, Jr., Fourth District Court has <br /> required the City to approve a preliminary plat and planned residential development without <br /> the ability to work with the applicant to address concerns such as the need for a second access <br /> onto County Road 15; and . <br /> WHEREAS, the City has considered its right to appeal from the judgment of <br /> Judge Porter and will agree to waive its rights if an appropriate settlement of this matter can <br /> be reached; and � <br /> � Page 4 of 12 <br />