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Variance Board Meeting Minutes – Wednesday, October 04, 2006 Page 3 Motion carried. Chair Bakeman advised the applicant of the appeal process timeframe. b. PLANNING FILE 3787 VARIANCE to Roseville City Code, §1016.16 (Wetland Request by Thomas McDaniel for a Setback) to allow a principal structure encroachment into the required setback from a wetland at 527 Owasso Hills Drive. Chair Bakeman opened the Public Hearing for Planning File 3787. Associate Planner Bryan Lloyd reviewed the request of Thomas McDaniel for a variance to City Code §1016 (Wetlands) of the City Code to allow the construction of an addition onto the rear of his home. The proposed addition would encroach approximately fifteen feet (15’) into the required fifty-foot (50’) setback from the wetland delineation on City’s “as-built” storm sewer drawings. Mr. Lloyd reviewed Attachment C of the staff report, showing the existing and proposed site plan in relationship to the wetland delineation. Mr. Lloyd noted that the applicant desired to build an addition of approximately fifteen by eighteen foot (15’ x 18’) in size that would reduce the setback from the wetland to approximately thirty-five feet (35’). Mr. Lloyd further noted that the City Engineer is the City’s designated administrator of the Wetland Conservation Act; and had determined that the natural wetland present when the site had originally been developed in 1995 – 1996 had been enlarged, to some degree, as a result of the use of the wetland since then as a storm water retention pond. Mr. Lloyd sited the City Code requiring a fifty-foot (50’) setback for residential structures from the delineated boundary of a wetland; the proposed construction was not a legal encroachment into required setbacks. Mr. Lloyd advised that staff was using the wetland boundary delineation from the storm sewer as-built; and observed that the original structure appeared to have been built up to the required 50’ setback from the original wetland boundary delineation. Staff recommended DENIAL of a Variance, by resolution. City Engineer Deb Bloom provided staff’s rationale and interpretation and standard definition of wetland (natural phenomenon) versus stormwater retention pond (manmade place for water retention). Ms. Bloom reviewed the City’s continually evolving comprehensive stormwater management plan and applicable mandates for enforcement and management. Ms. Bloom further addressed health and safety issues in not adhering to the boundary, by elimination or reduced maintenance of a buffer in natural areas and impacts on water quality, and the types of natural cleaning provided for water runoff. Discussion included the easement area; need to protect setback areas for protection of wetlands; and legal versus non-legal encroachments, depending on elevation of encroachment. Chair Bakeman noted that the City of Roseville was the first City in the State of Minnesota to create a shoreland ordinance, originally for Langton Lake, which became the model for the State of MN and other cities within the state. Applicant, Thomas McDaniel, 527 Owasso Hills Drive Mr. McDaniel provided his historical perspective of the area related to the wetland; loss of trees on his parcel; and his ongoing concerns and meetings with staff related to the wetland area and numerous changes he’d observed over the years. Mr. McDaniel expressed his confusion as to the original wetland delineation, and provided two additional versions as bench handouts to the Variance Board, apparently bringing the number of existing wetland delineations to four (4). Mr. McDaniel further noted various topographical and elevation issues on the parcel; minimum setback to roadway; and opined that there were unique considerations for the lot that should support his request as reasonable and respectfully