Agenda Packets - 1999/08/23 - Laserfiche WebLink

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Mounds View Planning Commission August 4, 1999 Regular Meeting Page 13 Greg Peterson,representing Oakwood Land Development,has requested that the City vacate a portion of a drainage easement that covers Lots 17 & 18 of Edgewood Square, which had been dedicated to the City as a result of the initial platting in 1982. Even though wetlands are present over parts of Lots 17& 18 and all of Lot 19, drainage easements were dedicated for the entirety of the three lots. This was done to satisfy Minnesota Soil and Water Conservation District concerns and City concerns about the potential for flooding and runoff in this area. In addition to the easement vacation, to build on the two lots,a wetland alteration permit is also being requested and would need to be obtained because work would be done within the wetland as shown on the City's official Wetland Zoning Map. Approval is also needed from the Rice Creek Watershed District. Ericson stated the applicant made a similar request with regard to these two lots on September 9, 1997. He stated,however,the request was denied by the Council on December 8, 1997, as it was felt that the easements were granted in good faith and that the lots were never intended to be built upon, due to the possibility of detriment to the wetland. Ericson stated,at this time,the applicant is requesting the same action, and there were no changes in regard to the plans submitted. He provided the Commission with a copy of the delineation of the wetland upon Lots 17 and 18,which was made in 1997,and further verified by Rice Creek Watershed District to be accurate. He stated, however, the delineation does not agree with the City's official Wetland Zoning Map, explaining that at the time of its making, the wetlands were not delineated, but defined to fall within a certain elevation. He stated the area that is proposed to be filled, falls within the 904-foot elevation, which has been deemed flood storage capacity. He stated that the applicant has proposed to create an additional holding pond on the back half of Lot 17, to replace the flood storage capacity. He stated this would alleviate any issues in regard to lessening the flood storage capacity, and may ultimately create additional flood storage. Ericson stated that the real issue is whether or not the easements serve a public purpose, and if not, should they be vacated. He stated, at the same time, consideration should be given to whether or not the preservation of the environment should continue as it is, a buffer between the existing neighborhood,the wetland, roadway, and the lots to the north of the wetland. He stated the issue is in regard to the appropriateness of vacating the drainage easement to allow for two more homes in the area. He stated that the property is zoned appropriately for the proposal, however, there would be some disruption to the neighborhood and to the natural area. He stated that it is not indicated that the wetland would be impacted, although the construction would occur on the perimeter and outside of the delineated area. Ericson stated that all residents within 350 feet of the proposal were notified by staff, and had presented numerous comments, unfavorable to the proposal, and indicating concerns regarding the detriment to the neighborhood and drainage system, with the exception of one resident who was in favor of the proposal. He provided the Commission with a letter from a resident who was not able to attend the meeting, however, indicated that the residents were not in favor of the proposal.