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Owner. That being said, there are options to consider that would allow the retaining wall and fill to remain. The <br />retaining wall is about one foot off the public trail in the backyard. The backyard is designated as floodplain by the <br />DNR, which has specific rules about putting in fill and modifying existing grades (slopes). <br />If the City desires to allow this encroachment, assuming successful attainment of a No Rise Certificate from FEMA, <br />the City will also need to process an amendment to the Conservation and Trail Easement. <br />Conditional Use Permit <br />The City is able to grant the homeowner a Conditional Use Permit (CUP) for putting fill (dirt) in the floodplain area <br />(backyard) under certain conditions. The biggest condition is that the fill cannot change the rise across the <br />floodplain, which is called a no -rise certificate. Modeling is completed using the slopes and fill information to <br />determine if the fill created more than a 0.0% change across the site. It is a strict and hard to meet level, but not <br />impossible. Staff is currently working to complete the modeling. After significant investigation and collaboration <br />with the DNR, it has been determined that the existing model for this area needs to be updated. Unfortunately, this <br />has created delays. Staff is working with one of the City's consulting planners/engineers to assist in updating this <br />model that will allow the City to more quickly process these types of requests in the future. <br />Required Items to Keep Retaining Wall <br />• Amend Conservation and Trail Easement (Handled separately - items outlined in attached document) <br />• Conditional Use Permit (CUP) for Fill within a Floodplain (Tonight's case) <br />• Can be granted if fill resulted in a 0.0% no -rise certificate (determined via modeling) <br />• Staff is currently working on the modeling but is lacking required data <br />Options are laid out more extensively in an attachment. <br />Policy Question <br />• If modeling shows no -rise (0.0 rise or less), is the Planning Commission supportive of a Conditional Use <br />Permit for the fill placed in the floodplain (backyard of Subject Property) for the retaining wall? <br />Funding Source: <br />Staff is handling this update as part of regular duties. Additionally, due to the broader policy implications along this <br />corridor/in this neighborhood, Staff has taken on the necessary floodplain modeling that would ordinarily be the <br />responsibility of the Applicant. <br />Recommendation: <br />Due to the degree of policy/legislative discretion of this case, Staff needs policy direction before formulating a Staff <br />Recommendation. <br />Staff is forwarding this case in the event that the Planning Commission is ready to make a contingent <br />recommendation. The Applicant is willing to extend the Application period if more information is necessary. At the <br />end of the day, Staff felt it was important to discuss with the Planning Commission sooner due to the time it has <br />taken to get to this point. Staff desires to ensure that the current direction to find a compromise solution is still <br />appropriate before investing more Staff Resources to this project. <br />Action: <br />Motion to recommend the City Council adopt Resolution #20-256 approving/denying the Conditional Use Permit <br />for Floodplain Fill at 7349 168th Cir NW. <br />Attachments <br />Site Location Map <br />Conditions Map <br />