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Variance Board Meeting Minutes – Wednesday, July 11, 2007 Page 2 Community Development Director John Stark updated Commissioners on additional discussion with the applicant regarding the construction process; and recommended amending Condition D that would allow a one (1) year approval time for the variance, with staff administratively determining if any additional extensions were applicable for construction of the driveway. Mr. Stark noted that staff had performed a site visit and thoroughly reviewed relocation of a driveway in another location, and had determined that there would be a greater impact to the wetland than the impact of removing existing asphalt from the existing driveway location. Discussion included Wetlands A and C and their relationship to each parcel; rainwater runoff management and filtering of the runoff toward a swale rather than directly into a wetland; and status of the property having closed and lots under separate ownership. Applicant, Kristine Simonson Ms. Simonson confirmed staff’s interpretation of the wetland areas; and advised that it was the intent of the applicant that as little impact as possible be created due to construction activities on the lot. Ms. Simonson noted that it was their intent to comply with LEED certified construction guidelines to protect the integrity of the lot. Ms. Simonson further advised that prior to making application with the City, they had sought advice from the Department of Natural Resources (DNR) and wetland experts for their input to preserve the land by working with the current driveway in its current position. Public Comment Jim DeBenedet 808 Millwood , Mr. DeBennonet expressed concern regarding the level of protection for this small wetland area; and rationale for the existing buffer to ensure that level of protection. City Engineer Debra Bloom clarified staff’s recommendations, following extensive review and discussion by the Development Review Committee (DRC) that, while a shared driveway was preferable, it was no longer possible; and that given the property topography and geological makeup, staff’s recommendation was the next best option. Ms. Bloom noted that contractors would need to follow City Code related to erosion control practices to protect the wetland during construction with inspections performed by staff at a minimum of weekly during the construction process to ensure compliance. Ms. Bloom advised that relocating the existing driveway would cause more disturbance, negative impacts, and loss of trees than allowing improvement/paving of the existing gravel driveway as proposed. Ms. Bloom confirmed her support of the requested variance application. Jim Vanous, 2924 W Owasso Mr. Vannes provided a brief history of the wetlands, and advised that Wetland C had only had visible water the last two (2) years, with him having lived on his property since the mid-1980’s. Mr. Vannes requested that if the driveway was improved or moved elsewhere, that impervious surface slope to the north, as he experiences water problems in his basement already. Jack Overbye, 2916 W Owasso Mr. Overby sought clarification that all lots were to remain zoned single-family. Mr. Lloyd confirmed that this was the case, as per Comprehensive Plan guidelines. Shelly Skow, 1071 County Highway 10 NE, Suite 150, Minneapolis, Earth Wizards Company Representative Ms. Skow expressed her personal appreciation for expressed concerns for wetlands; and opined that if bituminous or other hard surface were not installed, annual snow plowing would disburse gravel into the wetlands, creating more impact in addition to requiring replacement gravel materials as well.