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.McMO TO: Planning Commission <br />FROM: Director of Public Works/Community Development <br />DATE.: March 12, 1986 <br />SUBJECT: PLANNING CASE NO. 186-87, MARCELLA RYHAK <br />(STANLEY FISHER ADDITION) <br />Attached please find the following: <br />1. Preliminary plat of the Stanley Fisher Addition <br />dated 3/10/86. <br />2. Wetland Zoning Ordinance. <br />My statf report dated February 19, 1986, indicated that the <br />subdivision needs to be reviewed and approved by Rice Creek <br />Watershed District and that the City Council is required to have <br />a hearing on the subdivisinn. The major issue on this <br />preliminary plat is, can a house be constructed on proposed Lot <br />No. 97 Pertinent sections of the attached Wetland Zoning <br />Ordinance have been inderlined or highlighted for your review. <br />The Wetland Zoning Ordinance states that all structures shall be <br />setback at least 100 feet from the wetland. Accessory tuildings <br />which do not conflict with the purposes of the Wetland Zoning <br />Ordinance and which are not used for human habitation can be <br />constructed in a wetland (48.05, Subd. 2). <br />An applicant may fill a portion of a wetland provided he receives <br />warland alteration permit tram the City. Upon receiving the <br />wetland alteration permit application (in this case Marcella <br />Rybak's application), the City shall consider the issues <br />pr3sented in Wetland Zoning Ordinance Section 48.06, Subd. 2 and <br />3. Section 48.06, Subd. 3, Paragraph A, states that the minimum <br />amount of filling may be allowed when necessary for the use of <br />property but only when it will not have a substantial or <br />significantly adverse effect as determined by the Council come <br />upon the ecological and the hydrological characteristics of the <br />wetland... If you have any questions of these sections, we car, <br />review them in greater detail on Wednesday night. <br />Marcella Rybak is requesting a wetland alteration permit to fill <br />the shaded area on the preliminary plat. The shaded area is <br />triangular in shape and its size is 0.04 acres. The maximum <br />depth of fill is 1/2 foot. The existing wetland's size is 1.1 <br />acres. If the City Council believes that this amount of filliro <br />is minimal and will not have an adverse effect on the wetland, <br />then the wetland line can be relocated and a house could be <br />constructed on Lot No. 9. Otherwise, a house could not be <br />constructed on Lot No. 9 per the Wetland Zoning Ordinance. we <br />