Agenda - Planning Commission - 11/05/2020

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Regular Planning Commission 6. 3. Meeting Date: 11/05/2020 By: Chloe McGuire Brigl, Community Development Information Title: PUBLIC HEARING: Review Conditional Use Permit Request for Fill within a Floodplain at 6349 168th Cir NW; Case of John and JoDell Seaman Purpose/Background: The purpose of this case is to consider a request from John and JoDell Seaman (the "Homeowners") for a Conditional Use Permit (CUP) to fill within a floodplain at 7349 168th Cir NW (the "Subject Property"). Staff became aware of the retaining wall through the City's Code Enforcement program in May 2020. The Applicant has stated that the intent of the fill was to address erosion occurring in their back yard. There may have been erosion issues along the trail, but the City does not have any documentation of this item. This is one potential solution to this issue amongst other alternatives (some requiring fill, some not). At the end of the day, the Property Owner has the ability to make this request to the City for consideration. The City can choose to approve or deny at this point. Staff is comfortable with any solution so long as said solution meeting applicable requirements. In addition to working through alternatives with the Property Owner, Staff has been seeking guidance from the Minnesota DNR office in terms of floodplain regulations and options. This is a very complex case that includes numerous layers of government regulation. This step is the result of the Settlement Conference related to the Code Enforcement Case. The City is attempting to find a compromise. The intent of tonight is not to debate the boundaries of floodplain or conservation easement. This case is focused on the Floodplain encroachment. In addition, this area is encumbered by a Conservation and Trail Easement held by the City, secured with a grant form the State of Minnesota, prior to the development of the Brookfield Neighborhood. The City Council will address the easement encroachment issue when they receive the case for review. If approved, partial repayment back to the Legislative -Citizen Commission on Minnesota Resources would be required. While this individual case may have minor implications to floodplain and Conservation Easement, it does open the door to a number of other requests. Once the City has a better handle on updated floodplain modeling (current model is dated in the 1970s and is now inaccurate), Staff plans on holding a neighborhood meeting to discuss broader options while still maintaining a majority of the floodplain and Conservation Easement. Notification: Staff has sent notifications to Property Owners within 350 feet of the Subject Property as indicated by Anoka County Property Records via Standard US Mail. A Public Hearing was included in the Anoka County UnionHerald. Observations/Alternatives: Property Information The Subject Property is a single family home in the Brookfield Neighborhood, in the 8th Addition. This home abuts the Trott Brook Corridor to the North, which is encumbered by a Conservation and Trail Easement and has floodplain (floodway). Homes in the Brookfield 8th Addition (final phase) homes smaller backyard space compared to other parcels in the neighborhood due to the Conservation and Trail Easement as well as Floodplain. The Homeowners put in a retaining wall within the Floodplain and Easement without specific City approval. In 2019, prior to construction, Staff had forwarded applicable restrictions to a contractor working on behalf of the Property