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1 <br />� <br />� <br />� <br />5 <br />� <br />� <br />� <br />� <br />1 {� <br />Regular City Council Meeting <br />DRAFT Minutes of <br />Monday, February 26,2007 <br />Page 13 <br />veyor was only certifying the general boundaries and location of any build- <br />ings, visible encroachments and easements. <br />Mr. McDaniel proceeded to review his research and his interpretation during <br />his purchase of the property in November of 1996 and what was represented <br />to him by the developer and builders at that time. <br />Considerable discussion ensued regarding various interpretations; existing <br />encroachments; and limitations on the lot. <br />11 Mr. McDaniel provided additional information via bench handout providing <br />1� a mitigation program to improve wetland areas that he was willing to volun- <br />�:� tarily undertake by addressing bank stabilization, increasing vegetation of <br />I� the area, and increasing overall functional benefits in that area. <br />1� <br />l� <br />1� <br />1� <br />1� <br />�� <br />�i <br />r7r7 <br />L L <br />�� <br />��� <br />�� <br />�� <br />�� <br />2� <br />�� <br />�� <br />�� <br />Mr. McDaniel respectfully requested that the City Council approve the vari- <br />ance request, along with his mitigation plan. <br />Diane Kruger, 523 Owasso Hills Drive <br />Ms. Kruger noted that she had purchased her lot six months before Mr. <br />McDaniel, and was under the same impression and received the same repre- <br />sentations regarding the wetland delineation; and only later found out about <br />the limitations for any home additions, after the original two ponds (Outlot <br />A) were overgrown. Ms. Kruger alleged that the problem in the growth of <br />the wetland was due to lack of maintenance, but was unclear who was the <br />responsible party for that lack of maintenance — the City or the developer. <br />Ms. Kruger noted that she had conversations with the developer, as well as <br />City staff in the past, and had volunteered to provide maintenance of the <br />pond on her own and at her own expense, but was unable to receive permis- <br />sion to do so. <br />�� Further discussion included wetland boundary changes over time; imple- <br />3� mentation of the Wetland Act requiring municipalities and/or individuals to <br />3� maintain wetlands; and changing laws, with protections for legal non- <br />�5 conformity over the years of changes. <br />� <br />,3� Ihlan moved, Klausing seconded, adoption of Resolution No. 10481 entitled, <br />�� "A Resolution Denying a Variance to Roseville City Code, $1016.16 and in <br />