Resolution - #99-06-120 - 06/22/1999

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Councilmember Hendriksen introduced the following resolution and moved for its adoption: RESOLUTION #99-06-120 A RESOLUTION ADOPTING FINDING OF FACT 40499 RELATING TO A REQUEST FROM TERRY AND JANE LUKE FOR AN ENVIRONMENTAL PERMIT TO REGRADE THE BLUFF IN THE CRITICAL AREA AND SCENIC RIVER SECTION OF THE MISSISSIPPI RIVER WHEREAS, the City of Ramsey received an application from Terry and Jane Luke for an environmental permit to alter the river bluff line on the property generally known as 14250 Bowers Drive N.W. and legally described as follows: Lot 6, Block 1, Bowers Mississippi Acres 3Td Addition, Anoka County,Minnesota (the "Subject Property") NOW THEREFORE, BE IT RESOLVED BY THIS CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA that tho findings of fact relating to the request are determined to be as follows: 1. That Chapter 9, Section 9.21.05, Subd.'s 2.b, 2.c and 2.e (Zoning and Subdivision of Land; Environmental Protection; Environmental Permits and Standards; Permit Standards) states that any alteration of natural topography where the slope of land is toward a protected water must be authorized by a permit, the removal of vegetation shall be restricted to prevent erosion into protected waters, no development shall be permitted on land having a slope in excess of 45% (24 degrees), all slopes 18% (10 degrees) and over shall be protected, and no development of slopes in excess of 12% (7 degrees) shall be permitted unless the applicant is able to meet certain conditions. 2. That Chapter 9, Section 9.23.10, Subd. 2.a.3 (Zoning and Subdivision of Land; Scenic River; Landscape Alterations; Grading, Filling, Alterations of the Bed of Public Waters) states that any grading and filling work done within the Scenic River Land Use District shall require a permit and shall be performed in a manner which minimizes earthmoving, erosion, tree clearing, and the destruction of natural amenities. 3. That the Applicant's proposal consisted of regrading the bluff from a slope of approximately 100% (45 degrees) to a slope of 40% (22 degrees), stabilizing the slope with riprap, and restoration of the top of bluff with plant materials. 4. That on more than one occasion from March to October in 1998,various Staff from DNR, the Anoka County Soil and Water Conservation District, and the City visited the Subject Property to review the Applicant's plans to regrade and stabilize the bluff line. 5. That on September 8, 1998, the Applicant submitted a permit application to DNR.