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ITEM # 5.5. <br /> iMemorandum <br /> � TO: PLANNING COMMISSION <br /> River <br /> 13065 Orono Parkway FROM: STEPHEN ROHLF, BUILDING AND <br /> Elk River,MN 55330 ZONING ADMINISTRATOR 5'g <br /> DATE: JUNE 26, 2001 <br /> SUBJECT: REQUEST BY GORDON <br /> MOLDENHAUER TO MODIFY THE <br /> DEVELOPMENT PLAN FOR <br /> MISSISSIPPI OAKS SECOND <br /> ADDITION <br /> Request to modify the development plan for Mississippi Oaks Second Addition <br /> Mr. Moldenhauer is requesting to change Lots 1 through 11, Block 3, Mississippi Oaks <br /> Second Addition from lookout lots to walkout lots. This request requires an amendment <br /> to the development plan for Mississippi Oaks Second Addition, which is approved <br /> through the platting process. A drawing of these lots is included with this memo. <br /> The issue of walkout lots in this location was specifically looked at by the Minnesota <br /> • Department of Natural Resources (DNR) and the city during the original platting process. <br /> At that time, city staff and the DNR recommended against the developer's request for <br /> walkout lots in this location to protect the adjacent waterway. <br /> In order to accomplish walkouts, the slope adjacent to a backwater of the Mississippi <br /> River would have to be graded right to the waters edge. Consequently the vegetation <br /> would have to be removed from this extremely steep bank. This vegetation protects the <br /> bank from erosion and helps filter run-off prior to Mississippi River. <br /> Apparently the land to the west of the backwater in the plat of Mississippi Oaks Second <br /> Addition is not within the Wild and Scenic River District or any other Shoreland <br /> designation. Therefore,the petitioner has a legitimate right to request a modification to <br /> the development plan. <br /> Recommendation <br /> City staff is recommending against this current request for the same reason it was <br /> originally turned down,to protect the adjacent waterway. The backwater in question <br /> is within the Wild and Scenic River District and its bank should be protected. <br /> Findings <br /> Section 1008.08 (1) (D) of the City of Elk River's Subdivision Ordinance, titled <br /> • "Findings Required", states in Subpart(iii.)that to approve a plat the City must find that: <br /> "The physical characteristics of the site, including but not limited to topography, soils, <br /> Phone: 763.441.7420 <br /> Fax:763.44 t.7 25 <br /> cc55.docs:\b&z\stever\cc5.doc <br /> www.ci.elk-river.mn.us <br />