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CITY COUNCIL MEETING, MARCH 1, 1983 -2- T. ENGINEER'S REPORT: A. Sinclair S'ho'r'e'land'Perm'it Engineer Bohrer referred the Council to kis letter oP February 17, 1983, which outlines the Shoreland Regulation variances 'requested by Mr. Sinclair in order to construct his home and -the Engineer's recommendations should these variance be granted. The following variances from the Shoreland Regulation are necessary to construct the proposed home: 1, lot size; 2, lot width; 3, setback from normal high water mark; 4, grading and filling to allow 2 to 1 slopes; 5. grading and filling to allow fill below the NOHWM; and, 6, variance from Septic System Regulation for setback of drainfield from structure. Bohrer reported that Mr. Sinclair received a permit from Valley Branch Watershed District to fill below the Normal Ordinary High Water Mark, The septic system will-:be'conventional, not piggy back or mound types.The Council reviewed the site plan and the variance recommendations. John Stine, DNR representative,, presented the concerns of the DNR concerning several of the variances. He referred the Council to his letter of March 1, 1983, He stated that the DNR would have submitted their concerns about the lot division and the lot development, but it was their understanding. that ;the lot division request was denied, The DNR was not notified that the council was reoonsidering the lot division variance as required by State regulation. Mr. Stine then summarized the areas of concern with the variances being requested, The DNR cited the following concerns: 1. The amount of fill (164 cu, yd.) that is proposed to be placed below the Ordinary High Water Level of Lake Olson. 2. The substantial alteration of the natural topography of the lot, 3. The creation of 2:1 slopes, to create upland development area�in the bed of Lake Olson. 4. The location /site of the home - could be redesigned and the driveway located so as to achieve the necessary setbacks for the drainfield and reduce the amount of fill below the OHW mark of Lake Olson.,, Mr. Stine reitterated the request for better cooperation between the City and the DNR concerning early notification of proposals requiring DNR review. --Fraser - asked the possible out come of Mr. Sinclair's pending application. --Stine - possiblity DNR could deny - regulations are very specific regarding placement of fill in lake beds for achieving greater setbacks and for the development of property. Could issue a permit with conditions - such as modification of the site plan or different lay out for the fill. Could approve the application as submitted. Regardless of Council decision, DNR regulations and requirements must be complied with. --Morgan - why are DNR regulations different from Valley Branch? --Stine - DNR looks at public waters from the environmental impact, whereas, VBWD may primarily consider the'i67ater'quantity management aspect. --Bohrer - In response to Councillor Morgan's question - yes, in his opinion, the requested amount of fill is necessary. --Stine - if the home site were redesigned, may need only 50 yards of fill - also, knocking a hole in the hill for the driveway will create a 'tunnel' effect, --Bohrer - explained how the. layout of the house was determined. Need the filled area in order to get the required setbacks for the two drainfield sites.