Agenda - Council - 08/22/2017 - Laserfiche WebLink

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Vice Chair VanScoy closed the public hearing closed at 8:22 p.m. Commission Business Motion by Commissioner Nosan, seconded by Commissioner Surma, to recommend that City Council approve the Comprehensive Plan Amendment and Zoning Amendment to change the zoning from the urban service area to Rural Developing, contingent upon the Staff Review Letter. Motion Carried. Voting Yes: Vice Chair VanScoy, Commissioners Nosan, Surma, Anderson, and Gengler. Voting No: None. Absent: Chairperson Bauer and Commissioner Brauer. 6. COMMISSION BUSINESS th 6.01: Discussion Item: Update on Variance Request for a Fence Installation at 7214 167 Terrace NW; Case of Brandon Sis Presentation Community Development Director Gladhill presented the staff report stating at the July 6 Planning Commission meeting, a Public Hearing was held regarding a request to construct a fence partially within a stormwater management area, including wetland. Representatives from both the Anoka Conservation District (ACD) and the Board of Water and Soil Resources (BWSR) were going to visit the property at 7214 167th Terrace NW (the "Subject Property") to make a determination about the status of the wetland area. However, at the time of the Public Hearing, that site visit had not occurred. Ultimately, the Planning Commission closed the Public Hearing but tabled action on the requested variance until additional information was received on the wetland status. Community Development Director Gladhill explained representatives from BWSR and ACD conducted a site visit on the Subject Property the week of July 10. City Staff met with ACD staff and did a follow up site visit of the Subject Property the week of July 17. It was found that the wetland area still meets the criteria to be defined as a wetland, both on the Subject Property as well as many of the surrounding properties. It appears that there have been some significant encroachments into the wetland area, with fill, sod, structures, etc., over time. It is clear that there is a broader wetland encroachment issue than just the request for the Subject Property. Community Development Director Gladhill explained as was noted in the ACD review, it is unclear whether encroachments were the result of the initial development itself, the builder(s), or past/current homeowners. Additional time is needed to explore what options are available to resolve the cumulative encroachments rather than attempting to address them individually. This likely will require broader policy discussion with, and direction from, the City Council as to how best to address this issue. Staff believes that it will ultimately be beneficial for all of these Planning Commission / August 3, 2017 Page 9 of 16