04-16-2013 - Request for council action

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REQUEST FOR COUNCIL ACTION Date: 16 April 2013 Item No. 5— Department Approval: Administrator Appro al: Agenda Section: Staff: Melanie Curtis WV Planning&Zoning Coordinator Item Description: Building Permit#2012-00424— ay&Alyssa Kanive—950 Willow View Dr—Appeal Zoning District: RR-1B, One Family Rural Residential -2 acre List of Exhibits: Exhibit A. Homeowner's Request Exhibit B. Building Permit 2012-00424 Exhibit C. Submitted Survey 10/02/12 Exhibit D. Catherine Bach Email &Attachment Exhibit E. Site Photos Exhibit F. Aerial Photos Exhibit G. Kjolhaug 1999 Delineation & Buffer—by Arrowhead Exhibit H. Arrowhead 2012 & Kjolhaug 1999 Delineation—by Arrowhead Exhibit I. Orono Wetland Regulations Background In May of 2012 Jay and Alyssa Kanive submitted a permit application to construct a sport court on their property at 950 Willow View Drive. A Manage 3 wetland exists on their property. The Willow View plat was approved in 1999-2000. It was at that time the wetlands on the overall site were delineated by Kjolhaug Environmental. According to the Wetland Conservation Act, a wetland delineation is valid for a period up to 5 years. The City's wetland regulations have built-in triggers for implementation of a wetland buffer. Staff requested additional information be submitted with the permit application to evaluate whether or not a buffer was required. The Kanives were notified that a Manage 3 wetland was located on their property and additional information was requested including an updated wetland delineation as it appeared the wetland had expanded since the 1999 Kjolhaug delineation. A new wetland delineation was conducted by Arrowhead in June and submitted to the MCWD for approval. The Arrowhead delineation showed the wetland boundaries have expanded beyond the original delineation and mitigation expansion areas established with the plat (1999). When the homeowners provided the Arrowhead delineation to the MCWD for approval, the MCWD noted that per MCWD policy, because the original delineation conducted in 1999 and recorded with the plat was to be used for regulatory purposes, they would not require the new delineation. At that point the homeowners withdrew their Arrowhead delineation from the watershed's approval process. However, City staffs interpretation of the City code requirements is that, the apparent expansion in wetland boundary, coupled with the fact that wetland delineations are only valid for up to 5 years, suggests that in order to determine the setbacks a new delineation was needed in order to meet City Code requirements.