Agenda - Council - 12/18/2001 - Laserfiche WebLink

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that it was recommended that the conditional use permit be denied and direction was given to have staff meet with the applicants to discuss alternatives. Lance Van Norman, stated that originally the entire area was designed for a berm noting that they were promised a berm, but never received one. The pond that previously existed had dried up so they decided to dig the pond down three to five feet and create a berm. The berm currently has a 35 percent maximum slope, which is not any more than a typical ditch or walkout· The permit was denied at the Planning Commission because of the slope and height. He did not think that they were exceeding anything else that exists in the development· They have spread 100 pounds of rye on the berm and it has begun growing. The 12 percent slope required by the City is not adequate for a berm. The three main issues around the berm are the slope, height and will it take vegetation· Many of the concerns of the neighbors are when will the berm be green, which is also a concern of his. They w2re told by City staff to not do anything with the berm until the issue is resolved, but have ad~tTithe rye, which has begun to grow. Councilmember And~r~'°n question~p if any topsoil was placed on the berm. Mr. Van Norman rephed.:no::,"~::';¢':,'' Councilmember Anderson inqg~ed aSro,,.wh~i,Mr. Van Norman and Mr. Jacobs did not apply for · . "" ~5',,. '" a permit before starting the work. ~;~?".:i~:~i~ Mr. Van Norman rephed that they didnot ~'::~e~';~ad to because the pond already existed and there have been five to six ponds crea'~!;~ his~d~velopment that have not gone through any committee. '; Councilmember Zimmerman inquired if the bd~ is~kdy Mr. Van Norman replied yes. Councilmember Zimmerman inquired as to why they were ~g"'thro~l~h the conditional use permit process for something that is already done· City Engineer Jankowski replied that staff had two options when the complaint came in. One would be to turn the issue over to the City Attorney for prosecution or the second option was to have them apply for the necessary permit and go through the standard procedures. The Planning Commission has looked at the berm and made the determination is not appropriate. There are slopes that do exceed 12 percent, which is a violation of City ordinance· Councilmember Hendriksen stated that it would be helpful to have some photographs of the site. Mr. Van Norman presented a topographical map that was done by an engineer, of the site. Councilmember Hendriksen inquired if staff took any photographs of the site. City Council/November 27, 2001 Page 13 of 22 -35-