08/10/1994 P&Z Packet - Laserfiche WebLink

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AGENDA ITEM V E STAFF ORIGINATORMary Kay Nyland DATE August 8, 1994 TOPIC 94-19-C, PUBLIC HEARING, Westlund, Bodeka, Hoppe, Forsham Lake Drive, Conditional Use Permit for Land Reclamation This case involves a request by three adjoining property owners along Forsham Lake Drive to reduce the berm along their rear property line. The berm was initially installed as a part of the Shores of Marshan development and contains some buried debris from the former For -Jay operation. Disclosure of this buried debris was provided to the property owners at the time of purchase. The request is to reduce the size of the berm by approximately two feet which will enhance the useability of the applicants rear yards. The property in question is Zoned R-1 Single Family Residential and according to the City Zoning Ordinance, Sec. 4, Subd. 33 Land Reclamation and Land Grading, "...Land reclamation shall be permitted by conditional use permit in all districts. Depositing a total of more than fifty (50) cubic yards of material per acre, either by hauling in or regrading the area, shall constitute land reclamation...". A Public Hearing has been scheduled for 8/10/94 and notification made in the official newspaper. Property owners within 350 'feetof the property to be regraded have been notified. One of the City's Engineering Consultants, John Powell, has reviewed this request as it relates to the general overall grading of the plat and the specific properties to be regraded. A copy of his report is attached for your review. For P & Z information, the three lots immediately west of the lots to be regraded are currently owned by the developer of, the Shores of Marshan. He has been contacted regarding any interest in participating in the moving of the berm but indicated no interest at this time. In summary, Staff would recommend approval of the request as submitted with the following conditions: 1. Grading activity must leave sufficient topsoil cover over the buried debris to support turf establishment. 2. Grading activity is to be contained to that area lying south of the north property lines of the affected lots. Matching the existing grade 2 feet from the property line as