Discussion Item: Update on Variance Request for a Fence Installation at 7214 167th Terrace NW; Case of Brandon Sis

At the July 6 Planning Commission meeting, a Public Hearing was held regarding a request to construct a fence partially within a stormwater management area, including wetland.  Representatives from both the Anoka Conservation District (ACD) and the Board of Water and Soil Resources (BWSR) were going to visit the property at 7214 167th Terrace NW (the "Subject Property") to make a determination about the status of the wetland area.  However, at the time of the Public Hearing, that site visit had not occurred.  Ultimately, the Planning Commission closed the Public Hearing but tabled action on the requested variance until additional information was received on the wetland status.

Representatives from BWSR and ACD conducted a site visit on the Subject Property the week of July 10.  City Staff met with ACD staff and did a follow up site visit of the Subject Property the week of July 17.  It was found that the wetland area still meets the criteria to be defined as a wetland, both on the Subject Property as well as many of the surrounding properties.  It appears that there have been some significant encroachments into the wetland area, with fill, sod, structures, etc., over time.  It is clear that there is a broader wetland encroachment issue than just the request for the Subject Property.

As was noted in the ACD review, it is unclear whether encroachments were the result of the initial development itself, the builder(s), or past/current homeowners. Additional time is needed to explore what options are available to resolve the cumulative encroachments rather than attempting to address them individually.  This likely will require broader policy discussion with, and direction from, the City Council as to how best to address this issue.  Staff believes that it will ultimately be beneficial for all of these property owners to look at this matter (and available options) holistically and therefore does not recommend any action by the Planning Commission this evening. 

 

Staff would recommend taking no action on this item this evening and allow Staff to explore options for resolving the encroachments holistically rather than on an individual basis.

No action needed.