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Mounds View City Council December 13, 1999
<br />Regular Meeting Page 21
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<br />wetland upon the property, however, the 100-foot buffer extends onto the lot, thereby
<br />necessitating the Wetland Buffer Permit for the proposed development.
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<br />Planning Associate Ericson provided the Council with the Zoning and Wetland Maps, the
<br />boundary survey, and the proposed location and footprint of the house. He stated the Council
<br />has also been provided a grading plan for this lot, which indicates that some areas would be
<br />filled, and others would be excavated, and is represented as a manipulation of the flood storage
<br />capacity of the wetland basin. He explained that there is always some concern when there is fill
<br />and alteration, however, the area to be filled lies below the flood storage capacity elevation, and
<br />it is allowable to fill in an area such as this, if additional flood storage is created to offset this.
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<br />Planning Associate Ericson stated the proposed plan has been forwarded to the City Engineer,
<br />who has reviewed the matter, and has indicated that proposal will provide a net gain in the flood
<br />storage capacity on this lot. He indicated the area being filled is less than one tenth of one
<br />percent of the flood storage capacity, and this will be offset by additional flood storage capacity.
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<br />Planning Associate Ericson stated staff is aware there was some concern among the residents in
<br />this area, in that permits have not been issued for this property, in order for work to move
<br />forward, and this is correct. He advised that no permits are required for the removal of trees, and
<br />the property owner has the right to proceed with this. He explained that unfortunately, the City
<br />has no tree replacement provision, or tree protection ordinance, therefore, there is nothing to
<br />prevent the property owner from clearing the property of trees.
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<br />Planning Associate Ericson provided the Council with a letter from Beth Peterson, Project
<br />Engineer for SEH, which is in response to staff’s question regarding whether or not the property
<br />owner could construct a dwelling below the recommended building elevation for this area. He
<br />explained that Ms. Peterson has indicated that the City should not allow this to occur, in that it
<br />would create unnecessary risk, and could possibly expose the City to litigation in the future. He
<br />pointed out that the present proposal indicates the house would be located above the minimum
<br />recommended building elevation for this area, therefore, this is no longer an issue.
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<br />Planning Associate Ericson stated Rice Creek Watershed District has gone to the site, and has
<br />found the delineation to be accurate. He stated there was concern among staff and the Council,
<br />in that the wetland map indicates a wetland going right through this lot. He pointed out however,
<br />this map was created from an aerial photograph in the 1980’s, which was taken in conjunction
<br />with the National Wetland Inventory, and does not delineate the wetland, but simply indicates
<br />the elevation in which the wetland is located. He stated this map does not indicate with any
<br />certainty the exact location of the wetland, therefore, while it does depict wetland on the lot, the
<br />delineation, which has been reviewed and approved, indicates that the wetlands are in fact, off
<br />site.
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<br />Planning Associate Ericson stated another issue of concern to staff is the proposed filling of the
<br />flood storage capacity. He stated the City Engineer has reviewed this matter, and feels that the
<br />amount of area filled, in conjunction with the additional flood storage capacity created, is
<br />acceptable, and will not impact the wetland or any potential flooding in this area, in the event of
<br />a 500-year flood. He pointed out that even if this were to occur, the elevations indicate that the
<br />water would run off the site toward the corner of Long Lake Road and Ridge Lane, and would
<br />not impact the neighboring properties. He added that there is an outlet to the wetland in the
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