11-24-1992 PC MIN - Laserfiche WebLink

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Elk River Planning Commission November 24, 1992 Page 3 . 6. Consider Conditional Use Permit Request by Jeff Mastley/Public Hearin~ Gary Schmitz, Recycling Coordinator, explained that on October 27, 1992, the applicant, Jeff Mastley, came before the Planning Commission to discuss a Conditional Use Permit request to excavate a portion of an existing wetland located at 14116-201st Avenue NW, Elk River, MN. The excavation is very close to a tiled system of wetlands know as County Di tch 28. County approval is necessary before any excavation takes place within the ditch system, therefore, this item was tabled until the County Board had a chance to review this proposal. On November 18, 1992, the County Ditch Inspector presented his findings on this issue to the County Board. The Board ruled that the tile line was located just to the west of the Lewis property line and therefore, would not be affected by the excavation of the wetland. The County Board was concerned about the close proximi ty of the tile line to the excavation area and requested that the applicant locate and stake the westerly property line to avoid any possible accidental disruption of the tile system. New information included a letter from the Army Corps of Engineers and an anonymous letter from a concerned neighbor. . Mr. Schmitz reviewed the stipulations as per his memo. He specifically referred to the last stipulation and stated the DNR's concerns regarding wetlands in general. The DNR is opposed to most wetland excavations as it changes the value of the wetland. Mr. Schmitz explained that occasionally, excavated ponds do not provide cover for wildlife since the area surrounding the pond is cleared of the natural habi tat. For this reason, Mr. Schmi tz added sti pulation number 7 to his memo. Chairman Nadeau asked Mr. Mastley if he could foresee any problems working with the DNR. Mr. Mastley replied that there were none. Mr. Rohlf discussed the safety hazards to children regarding ponds, the depths, slopes, etc. Chairman Nadeau alluded to state guidelines and Ci ty ordinance regarding slopes, depths, etc., and stated that other than expressing concern regarding safety for children, repeating those guidelines by imposing further conditions would be redundant. Commissioner Johnson recommended staff review this issue with the City Attorney regarding possible lawsuits. Mr. Schmitz agreed and stated that he would contact the City Attorney for advice before this proposal is presented to the City Council. Chairman Nadeau opened the public hearing. . Jeff Mastley, the applicant, requested clarification of the western property line; is that between Lot 11 and Lot 12. Mr. Schmitz answered that it is and briefly reviewed the lot lines and concerns regarding the western property line. There being no further comments from the public, Chairman Nadeau closed the public hearing.