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Item No: 7E Meeting Date: Mar 12, 2007 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Resolution 7029, Consideration of a Wetland Alteration Permit to Allow for Tree Removal on Longview Estates Parcel Introduction: Martin Harstad, president of EICHI, Inc., the owner of a seven-acre tract of land between Silver Lake Road and Longview Drive commonly referred to as Longview Estates, has submitted a Wetland Alteration permit consistent with the provisions of Chapter 1010 of the Mounds View City Code, to address the issue of tree removal on the parcel. Discussion: Chapter 1010 of the Mound View City Code (the Wetland Zoning Ordinance) requires that a permit be obtained prior to any development activity occurring within a wetland district. Development is defined as follows: The construction, installation or alteration of any structure, the extraction, clearing or other alteration of land or terrestrial or aquatic vegetation or the course, current or cross-section of any water body or watercourse or the subdivision of land into parcels pursuant to Title 1200 of the Municipal Code. The underlined text clearly indicates that the removal of trees (terrestrial vegetation) constitutes development. The Code further states that any development within a designated wetland zoning district requires a permit—a wetland alteration permit when development occurs within a wetland or a wetland buffer permit when development occurs within 100 feet of a wetland. This requirement was not communicated to Mr. Harstad prior to the initiation of tree removal on the site. Staff notified Mr. Harstad by phone and in writing that a permit was necessary, and on February 20, 2007, the requisite permit application was submitted. As has been stated at previous Council meetings, the City regrets having to act upon this request “after-the-fact” rather than prior to the work being undertaken as required by the Code. The City further regrets not having provided more advance notice to the property owners on Longview Drive regarding the impending tree removals. While no such notice is technically required, staff has in the past made every effort to keep the Longview Drive residents updated and fully aware of actions associated with the undeveloped tract of land owned by Mr. Harstad. In keeping with this practice, the property owners in the Longview Drive neighborhood have received notice of this present action request before the City Council and have been invited to attend if they have questions or if they desired to provide comment regarding the request.