Minutes - Environmental Policy Board - 07/19/2021

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Board Member Fetterley asked if another applicant would have to request a variance if they wanted to use this same method of calculation. City Planner Anderson confirmed that this situation is rare enough where a variance request on a case-by-case situation would be appropriate. Motion by Board Member Hiatt and seconded by Board Member Little to support this sampling technique in the planted areas of the proposed plan and encourage the applicant to pursue a variance. Motion carried. Voting Yes: Chairperson Covart, Board Member Hiatt, Little, Fetterley, and Moore. Voting No: None. Absent: Board Member Bernard and Valentine. 5.02: 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 City Planner Anderson presented the staff report. He stated that the City has received an application from Landform for a variance to deviate from the wetland setback required on Lots 3 through 5, Block 1, Williams Woods. The Preliminary Plat has been reviewed by both the EPB and Planning Commission and both bodies recommended approval, contingent upon compliance nd setback. The City Council formally approved the Preliminary Plat on June 22, again contingent Board Member Moore stated that it was mentioned that more fill could be added to the wetlands and remain in compliance with the de minimus exemption. She asked for information on what . City Planner Anderson stated that the applicant was demonstrating that they could add fill to create upland and provide more setback than proposed, but staff agrees with the applicant that would seem contradictory to the intent of the Wetland Conservation Act (WCA). He stated that under the WCA, additional fill could be added to create that upland setback. He stated that a condition has been added to the draft resolution stating that the developer would install those three driveways to lock in those locations rather than allowing the builder or future homeowner to install the driveways. He noted that provision would protect against additional encroachment or fill to the wetland. Board Member Fetterley asked if the City has experience with this type of variance in the past, where a driveway goes into a wetland area. She stated that her concern would be if this is allowed now, whether the driveways would sustain over time or whether repairs would be needed in the future and additional encroachment would be necessary. City Planner Anderson commented that language could be added stating that the driveway can be no wider than 10 feet in the encroachment area. He stated that once past that area, the driveway could be widened. He stated that the City has had lots over the years where there is not a lot of usable space once the home is constructed, therefore certain features cannot be included in the lot size calculation in order to avoid situations where fill is added in the future. Environmental Policy Board / July 19, 2021 Page 3 of 6