Agenda - Environmental Policy Board - 07/19/2021

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Environmental Policy Board (EPB) 5. 2. Meeting Date: 07/19/2021 By: Chris Anderson, Community Development Information Title: Consider Request for Variance to Deviate from Wetland Setback Requirement on Three Lots in Williams Woods (Project No. 20-138); Case of Landform and Bill Boyum Purpose/Background: The City has received an application from Landform (the "Applicant") for a Variance to deviate from the wetland setback requirement on Lots 3-5, Block 1 Williams Woods (the "Subject Property). The Preliminary Plat has been reviewed by both the Environmental Policy Board and Planning Commission and both bodies recommended approval, contingent upon compliance with Staffs review comments (which included addressing the encroachment into the wetland setback). The City Council formally approved the Preliminary Plat on June 22, again, contingent upon compliance with Staffs review comments. Notification: The City attempted to notify Property Owners, as reflected in the Anoka County Property Records, within 350 feet of the Subject Property of the request. A Public Hearing will be held by the Planning Commission on July 22, 2021. Observations/Alternatives: The Subject Property is approximately ninety-four (94) acres in size and of that, about thirty (30) acres is wetland. The City's Natural Resources Inventory (NRI) identifies multiple, moderate quality, natural areas within the Subject Property, including both Oak Forest and Dry Prairie. The Applicant has attempted to minimize impacts to natural resources by limiting the number of proposed lots (only proposed nine [9]) and by proposing the public road to generally follow the driveway path that led to the former residence on the Subject Property (this helped in terms of tree preservation). There are three (3) lots, all on the north side of the proposed public road, that access is restricted due to the location of small pocket wetlands. The Applicant did relocate the proposed driveway for Lot 8, Block 1 (south side of proposed road), which eliminated the need for a variance on that lot. While it appears there may be space for a house pad on Lots 4-5 south of the small wetlands, it would be extremely tight considering the minimum front yard setback of forty (40) feet. More importantly, this would almost assuredly lead to future issues with encroachment into not only the wetland setback but likely the delineated wetlands as well. Staff has seen this play out in previous developments where homeowners wish to extend their 'usable' yard for play space and accessory buildings. The Applicant has proposed ten (10) foot wide driveways, at least from the road through the encroachment areas, to minimize encroachment. On Lot 3, the impact is only to the setback area. On Lot 4, 178 square feet of wetland proper would be impacted, along with the encroachment into the wetland setback. On Lot 5, ninety-two (92) square feet of wetland proper would be impacted in addition to the wetland setback encroachment. Cumulatively, the wetland impacts (270 square feet) fall under the de minimus exemption, per the Wetland Conservation Act (meaning no mitigation is required). Furthermore, the Applicant has noted that additional fill could be placed (still under the de minimus exemption) to create the upland area to meet the sixteen and a half (16.5) foot wetland setback, but feels that would be contradictory to the spirit of the Wetland Conservation Act. Staff has added several conditions to the attached Resolution concerning the proposed driveways. First, the driveways for Lots 3-5, plus Lot 8, shall be installed by the developer, at least through the encroachment area. This ensures that the driveways will comply with what has been proposed in terms of width and location of the