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Case File: CU U7-11 Pagc 3 General Information Open Water Pond E~caeation Tony Powell Applicant Tony Powell 60 Day Rule The application has been deemed complete as of April 30, 2007. The City must take action by June 30, 2007 Requested Action Excavation of 9,000 square feet of a Type 2 wetland for an open water ond. Location and Size Approximately .21 acres west of the new home at 14323 225`h Avenue, Elk River, MN (I'ID# 75-760-0115). Location Existing Use Land Use Plan Designation Current Zoning Subject Residential A-1 Rural Residential Property North Residential A-1 Rural Residential South Residential A-1 Rural Residential East Residential A-1 Rural Residential West Big Lake Big Lake Township Big Lake Township Townshi Overview The original request from Mr. Powell was fora 135,000 square foot open water pond in a Type 2 wetland behind (west of) his house. The TEP for the City of Elk River reviewed the project and approved it, contingent upon a Conditional Use Permit being issued for the excavation since it is in excess of 100 cubic yards. The Army Corps of Engineers requested further information on the project from Mr. Powell. Subsequently, the applicant's request was reduced to create a 9,000 square foot open water pond closer to his home and further from the County Ditch along the west property boundary of his property (see Map). Mr. Powell's agent, Shane Steinbrecher, submitted a request for an amendment to the Wetland Conservation Act (WCA) permit. The amendment was issued, but the CUP is still a requirement. Since the work will be conducted within two years, there is no need for licensure or a zone change by the City of Elk River. Applicable Regulations Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. lYlill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. The proposed excavation is entirely within Mr. Powell's property, located within a Type 2 wetland. The excavation is intended to remove invasive reed canary grass, create a shallow, open water pond, and increase the number of biological niches in S:APLANNING\Case Piles\CUP\CU 07-71 Powell\Powell Staff Report for PC - 6-07 (2).doc