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CHAPTER 48 REVIEW <br />POPPELAARS DEVELOPMENT PROPOSAL <br />The following is a detailed review of Chapter 48 and a determination as <br />to whether section applies to proposal, whether proposal meets the <br />required criteria; and what decisions need to be made by the. Planning <br />Commission and City Council. <br />48.01, Subdivision 3, subparagraphs D, R, P, and I are being used to <br />accomplish protection of wetland. <br />48.03 covered in other portions of report. <br />48.05, Subdivision i., requires a permit to alter wetland buffer area. <br />48.05, Subdivision 2, prohibits building in wetland. <br />.•48.05, Subdivision 4 will only apply if lots are required to go through <br />minor subdivision process to combine lots into one parcel of record. It <br />is recommended obtaining an easement over the wetland (south of contour <br />903) area. <br />48.05, Subdivision 5, A and B can only be met if lots are combined and <br />considered as one parcel. Section C requires a variance. Property is <br />unbuildable if variance is not granted, thus denying use of the property <br />for residential purposes. <br />48.05, Subdivision 6 - If parcels are not combined then they become non- <br />conforming due to size, width, setback and Lhus need variance findings. <br />if lots are combined then only non -conforming due to setback. <br />48.06, Subdivision 1, A, B and C are activities proposed by applicant and <br />thus require an alteration permit to complete. <br />48.06, Subdivision 2: <br />A) Proposal will not cause potential danger to life or property. <br />B) Proposal is in conformance with Comprehensive Plan and will <br />have minimal impact on adjacent wetland. <br />C) Wetland will have very minimal alteration (construct drainage <br />weir). <br />48.06, Subdivision 3, A - No wetland filling proposed. <br />48.06, Subdivision 3, B - A slight amount of dredging may be necessary <br />to construct drainage weir at edge of parking. Subparagraphs 1, 2, 3, 4 <br />and 5 have or will be met. Permit should restate conditions. <br />48,06, Subdivision 3, C - 3, 4, 5 and 6 should be cited in permit. <br />48.06, Subdivision 3, D - Applicant propooes to discharge site runoff into <br />wetland through a weir on edge of parking lot. Subparagraph 1, 2, 31 <br />4 and 5 appear to be met but should be restated in permit. <br />48.06, Subdivision 3, E - No building or development except the weir/ <br />skimmer is to be located in wctl; .d. <br />