HomeMy WebLinkAbout7. Appeal of Board of Appeals & Adjustments: Kulhanek Denial of Varience 12355 Blanca AvenueCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: April 17, 2003
AGENDA ITEM: Appeal of Board of Appeals & Adjustments
AGENDA SECTION:
Denial of Variance - 12355 Blanca Ave.
Public Hearing
PREPARED BY: Rick Pearson, City Planner
AGENDA NO.
ATTACHMENTS: Survey & Setbacks, Engineering memo, PC
APPROVED BY:
Minutes (3 -11; 2 -25; 1- 25 -03), Background
information, Findings
Applicant & Property Owner:
Location:
Zoning District & Comp Plan Land Use
Area in acres:
Note:
Nature of request:
Standard
Request
Variance
Michael Kulhanek
12355 Blanca Ave.
Rural Residential
1.01
Lot area variance previously granted in 2001 for construction of the
house (principal structure).
Variance to setbacks for construction of accessory structure
Front yard setback Side yard Rear yard
40 feet 30 feet 30 feet
27.66 ft. 17.99 ft. / 10 ft. 15.53 ft.
12.34 ft. 12.01 ft. / 20 ft. 14.47 ft.
Board of Appeals & Adjustments Action: Denial of variance request
SUMMARY
Mr. Kulhanek had requested variances that would enable him to construct a 30 ft. x 36 ft. garage on his property
in the Rural Residential District east of South Robert Trail. The lot already has a variance to area standards,
which was granted for the house (and attached 2 car garage) in 2001. The remaining space on Mr. Kulhanek's
property is dominated by two significant wetlands, on either side of the house. Open space behind the house is
set aside for the drain- field. The only accessible location is in the front yard, between the wetlands and the
Blanca Ave. West cul -de -sac. Placement of an accessory structure either impacts a wetland, a wetland buffer
zone or a setback. The proposed location impacts all three.
The original variance included a smaller utility building / garage. Neighboring property owners appealed the
variance to the City Council over the impacts to the wetlands and increase in storm water run -off. Two studies
were prepared by consultants one was retained by Mr. Kulhanek to study the issue and delineate the outer edge
of the wetlands. The other study was done on behalf of the neighbors who appealed the variance. Ultimately,
the variance was modified by Council to exclude the utility building so as to minimize the impact on the
wetland on the west side.
The current proposal causes a portion of the westerly wetland (left side of the house) to be filled behind a
retaining wall that would zigzag from the west side of the house to the north side of the proposed garage. The
area between the wall and the Blanca Ave. West cul -de -sac would be filled and accommodate a paved surface
connecting the attached and new detached garages combined with the driveway entrance. Staff's concern is
that the reduction of the capacity of the storm -water storage area could adversely impact the adjacent neighbors
who appealed the previous variance. The Svoboda study prepared for Mr. Kulhanek did not model storm -water
storage and run -off using the same calculation methods that are city policy.
CITY COUNCIL April 17, 2003, M. Kulhanek Variance Appeal
Page 2.
A possible alternative that occurred to staff would be to locate the garage east of the house attached garage. The
primary impact would be in the wetland buffer zone (potentially easier to mitigate) and may not require a
variance at all. The applicant was apparently unwilling to consider alternatives.
The bottom line is that there may be a variance -free alternative, even if it is less desirable. As such, staff
cannot support the variance, wetland and storm -water issues not - withstanding. A variance was already granted
to establish principal use of the property (the house). Granting another variance to establish an accessory
structure is not necessarily an entitlement.
If Council determines that granting the variance is appropriate, then there should be a requirement of Mr.
Kulhanek to have his consultant provide sufficient information consistent with City policies and standards to
determine the storm -water impacts resulting from the fill, and measures to manage the additional storm water
run -off that would be generated. These issues should be resolved prior to any action overturning the Board of
Appeals & Adjustments actions and granting a variance.
BOARD OF APPEALS & ADJUSTMENTS PUBLIC HEARING
The Board of Appeals & Adjustments conducted a public hearing that was continued over several meetings.
Various neighboring property owners expressed concerns about drainage, the integrity of a culvert (installed by
a previous property owner), flooding and the visual impact of the house and proposed building (see attached
minutes). The Commissioners discussed a drawing provided at the meeting by Mr. Kulhanek showing
elevations at some length. Staff suggested that there were two alternatives: 1) the recommended action, or 2)
provide staff with enough time to analyze the information and bring back a recommendation at the next meeting.
The Chairman then asked Mr. Kulhanek for his preference, who asked that the Planning Commission take
action. The Commission, noted that there were ordinance - consistent alternatives and adopted a unanimous
decision to deny the variance as requested.
RECOMMENDED ACTION:
Motion to uphold the decision of the Board of Appeals & Adjustments
CITY COUNCIL ACTION:
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MEMO
Date: January 31, 2003
To: Rick Pearson, City Planner
Andy Brotzler, City Engineer
From: Chad Donnelly, Water Resources Engineer
Re: Kulhanek Building Permit
The preliminary plan for the Kulhanek property includes partially filling City wetland
No. 148 for the purpose of a garage and driveway and providing additional flat space off
of the west face of the house. City wetland No. 148 is approximately 5200 ft' and is
classified as a utilize wetland in the City of Rosemount's Wetland Management Plan.
The proposed improvements to Mr. Kulhanek's property include filling an estimated
1350 ft along the south and east banks of the wetland.
A review of the proposed improvements has lead staff to deny the application made by
Mr. Kulhanek to partially fill City wetland No. 148. City wetland No. 148 is a
functioning component of the stormwater management system for Mr. Kulhanek's
property and the adjacent property owners. Stormwater management for a development
of this nature is subject to the topography and underlying soil conditions. The nature of
this development relies on the nearby wetlands and depressions to retain the stormwater
run -off during rain events.
A previous hydrology model established an ordinary high water level (OHWL) for the
wetland. OHWLs are established to provide a means of safeguarding life, limb and
property from potential impacts due to flooding or other occurrences. Partially filling this
wetland will alter the capacity it was originally modeled at, resulting in fluctuating water
levels beyond the OHWL designation. Mr. Kulhanek has not adequately demonstrated,
that the adjacent properties would not be impacted as a result of the proposed fill to City
wetland No. 148. An over topping of the wetland from Mr. Kulhanek's property
currently does not have a positive outlet to Trunk Highway (TH) 3 by overland flow. Mr.
Kulhanek has also not taken into careful consideration the regulations outlined in the
City's Stormwater Management Plan for a project of this nature.
At this point in time, Mr. Kulhanek has not provided enough evidence to support the
application to partially fill City wetland No. 148.
FINDINGS
The Board of Appeals and Adjustments and the City Council, upon appeal, must find as follows
in the granting of a variance from this ordinance:
Granting a variance will not adversely affect the public health, welfare and safety and will
not be detrimental or injurious to property or improvements in the neighborhood.
2. Strict interpretation or enforcement would result in a practical difficulty or unnecessary
hardship inconsistent with the intent of this Ordinance and the Comprehensive Guide
Plan.
There are exceptional or extraordinary circumstances or conditions applicable to the
property, use or facilities that do not apply generally to other properties in the same
district.
4. Strict or literal interpretation would deprive the applicant of the use and enjoyment of his
property in a manner similar to other owners in the same district.
Granting of the variance will not allow a use which is otherwise not a permitted use in the
zoning district in question.
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Planning Commission Meeting Minutes
March 11, 2003
Page 4
Public Hearing: Mike Kulhanek Variance Petition
Chairperson Weisenel recessed the Planning Commission meeting and convened the Board of
Appeals and Adjustments.
This public hearing has been continued from the past two meetings. Mr. Kulhanek has requested
variances to build a 30 ft x 36 ft garage on his property located at the northern edge of the cul -de-
sac on Blanca Avenue. While his lot is large enough, it is dominated by two wetlands on each
side of the house. The open space behind the house is set aside for the drain field. The only
accessible place for an accessory structure is in the front yard between the wetlands and the
street. However, there is no way to do this and conform with the setbacks without impacting a
wetland. This property is zoned Rural Residential and the front yard setback is 40 feet, side yard
setback is 30 feet, and the rear yard setback is 30 feet. If approved, the variance for the front
yard setback would be 12.34 feet, side yard 12.01 / 20 feet, and rear yard 14.47 feet. These are
significant variances to setbacks. The majority of the proposed garage would be on variance
land.
Mr. Pearson summarized the history of this property and the variance received to construct the
house in 2001. At that time, the variance request included a smaller garage. The variance was
granted by the Planning Commission but appealed to City Council by neighboring property
owners based on the impacts to the wetlands and the increase in storm water run -off. The
neighbors hired a consultant as did Mr. Kulhanek. Consequently, the variance was modified by
the City Council to exclude the smaller garage to minimize the impact on the wetland on the
west side of the property.
In this variance request, a portion of the westerly wetland would be filled behind a retaining wall
that would be built on the west side of the house and curve down to the north side of the
proposed garage. The area filled is less than 2000 sq. ft. and would become the paved driveway
connecting the attached and new detached garages together with the driveway entrance. Staff is
concerned that the reduction of the stormwater storage -area could adversely impact the adjacent
neighbors who appealed the previous variance. The consultant hired by Mr. Kulhanek two years
ago did not model the stormwater storage and run -off using the same calculation methods that
are City policy. The consultant did not model a 100 -year 24 -hour storm event, which is
considered a critical event of a development like this. A 10 -day snowmelt was also not modeled.
At the meeting on February 25, 2003, Mr. Kulhanek's attorney stated the consultant had no new
information to add to his previous report. As a result, Staff is recommending denial of this
variance request.
There was a question about the difference of a 10 -day snowmelt and a 100 -year 24 -hour storm
event. City Engineer Brotzler indicated the difference was in modeling the event and it is
determined by the conditions of the site or the watershed the event occurs within. The 100 -year
24 -hour event is a rainfall event. The water is typically allowed to infiltrate and flow through an
outlet where as with a 10 -day snowmelt event it is a different modeling without an outlet if the
outlet is plugged due to frozen conditions, etc. They take the higher of the two elevations and
note that as the critical event for the watershed.
Planning Commission Meeting Minutes
March 11, 2003
Page 5
The wetland on the west side of the property typically has a 15 foot buffer zone and the wetland
on the eastern side is a higher classification so the buffer would be 75 feet. There might be
mitigation possibilities related to impacts on the buffer zones. The affect filling the wetland
would have on neighbors could potentially be water in their basements.
Brian Alton, Attorney for Mr. Kulhanek, stated the concern for the inundation of the septic
system and for the desire to reduce the amount of fill are non - issues. The fill has been reduced
from 2000 sq. ft to 1350 sq. ft. The amount of fill is considered diminimus under the Water
Conservation Act and Mr. Kulhanek does have a permit to do the fill making the fill not the
issue. They feel the construction of the garage will not have an impact on the wetland because it
will be constructed so that any run -off would be directed away from the wetland. They didn't
feel the garage itself would have any affect on the wetland. Mr. Alton stated the house is now
built and fits in nicely with the neighborhood and there have been no problems with either of the
wetlands. The outflow from the wetland has not been considered. Mr. Alton passed out a map
that is a reduced version of the drawing used to obtain the building permits for the house. It
shows a 12 -inch pipe used at the outflow from the pond. It goes across Mr. Nelson's property to
the drainage ditch on Highway 3. Mr. Alton showed the Commission photographs to showing
the outflow is unobstructed and clear. This culvert is located in the northwest corner of the
wetland. Based on the topography of the lot, Mr. Alton stated it was impossible to build a garage
but that an accessory building is a permitted use. He stressed again that the fill is not the issue
rather it is whether the garage itself will impact the wetland. Mr. Kulhanek has obtained a
certificate of exemption that fits the diminimus permitting the amount of fill. The question is
whether the garage can be built after the fill has been put in. They would agree to have all run-
off from the garage itself be diverted from the wetland, they would provide reasonable proof that
the septic system would not be affected, and that any fill be limited to the diminimus amount and
no more than 1300 sq. ft if possible.
Mike Kulhanek, 12355 Blanca Avenue, stated that the plan indicates an asphalt driveway but he
would actually put in a cobblestone driveway to provide some area for the water to saturate in.
He said the final grade of the garage will be lower than the house. If there is water coming from
the cul -de -sac, it would run the way it has run previously. It would not interfere with that run-
off, it would continue to flow in the same manor. He felt the homes in the area were not up to
current code and don't have the drain tile and sump systems which causes them to have water
problems in their basements. He didn't feel his land would affect their properties anymore than
it has previously without improvements. Mr. Kulhanek reiterated that the issue of the fill has
been approved and he has a certificate giving him the okay to fill the wetland. He felt that was a
separate issue. The 12 inch pipe drains the wetland so that it won't reach above that level. The
level the drain pipe is at the wetland can never go above that level because it drains out at a
decline to Highway 3. Since the 10 -day snowmelt had not been modeled Commissioner Schiltz
asked how much the wetland would rise if the drain pipe was frozen. Mr. Kulhanek said it
would have to raise approximately six feet up the sides of the pond.
There was discussion on what the amount of fill on the west side of the house had to do with
building the garage. Mr. Kulhanek stated that on the east side in order to limit the flow of soil
into the higher quality wetland he has constructed retaining and boulder walls to limit that flow.
Because of that he is limited on ways to get to his backyard so he will use this area to drive his
lawn tractor to the back yard. Mr. Kulhanek was asked if he had considered filling the approved
2,000 sq. feet and moving the garage back so he didn't need as many variances. Mr. Kulhanek
Planning Commission Meeting Minutes
March 11, 2003
Page 6
said he put the garage in that location because he wanted a clear view of the garage for security
and it would be more difficult for him to come into the garage. There was discussion on where
the run -off from the garage would go and Mr. Kulhanek stated he wanted to gutter the garage so
that the water go towards the north. It may flow back but it would have time to saturate into the
soil. The slab elevation of the garage and grading was questioned. The proposal for the garage
is a little lower than the footprint of the house which was 3 feet above the ordinary high water
mark.
City Engineer Brotzler stated the applicant does have a certificate for the filling of the wetland.
That certificate does note that until a grading plan is approved and a grading permit is acquired
from the City there is to be no filling of the wetland. At this point, that permit has not been
issued. Also, when the original permit was issued for building the house only there were Staff
comments noting there was additional information required from the applicant related to the
proposed filling of the wetland. Once the variance was modified to exclude the garage there was
no further need for that information to be provided. There was no follow -up from the City. Now
that we have this application we are back to where we were with the original application two
years ago. The stormwater calculations originally provided were not adequate to confirm the
high water level of the pond and the impact to adjacent properties. The City still needs that
information to make a recommendation. City Planner Pearson commented that there could be
other options that would require less or no variance. There could be other wetland issues but he
cannot recommend in favor of any variance of there are other options that require a reduced
variance. At the direction of the Commission, Staff would be willing to recommend this hearing
be continued so they can look at additional information provided.
The Commission asked Mr. Kulhanek if he had considered a smaller building to minimize the
amount of variances. He stated that since he has been in the home the 2 -car garage is not
sufficient because the ordinance states RVs and boats have to be stored inside. The bigger
garage would accommodate those and he wouldn't have to incur storage fees away from his
home. He did mention he was open to options that City may have so that he may build his
garage but he didn't want to make the garage smaller.
Chairperson Weisensel reopened the public hearing.
Jeff Nelson, 12334 South Robert Trail, was concerned that adequate drainage to the wetland
asked for two years ago still has not been provided. The 12 -inch pipe was put in by the previous
owner of his house and he is not confident that is it adequately designed to drain the wetland. He
also questioned the installation. He has seen the pipe and states it is filled in with sediment.
Chaiperson Weisensel asked the applicant if he wanted the Commission to move on the action at
this meeting, knowing he might not get the variance. If he wanted to provide additional
information to the City, the Commission could continue the public hearing. The applicant stated
he would like to proceed with action by the Commission.
MOTION by Napper to close the public hearing. Second by Schiltz. Ayes: Napper, Weisensel,
Messner, Schiltz, Anderson. Nays: 0. Motion carried.
Planning Commission Meeting Minutes
March 11, 2003
Page 7
Commissioner Anderson commented that where the proposed garage sits other alternatives exist
where variances would be less, although maybe less attractive to the applicant. He stated
granting a variance for almost the entire portion of the garage made the least amount of sense.
Commissioner Schiltz concurred. Chairperson Weisensel stated that when the original proposal
for actually building on the property came forward he was in support of granting the variance to
allow the building, which was considerably smaller and satisfactory to the applicant. What he is
asking for now is based on economic reasons which does not support granting a variance.
MOTION by Anderson to deny the variance to accessory structure standards because the
applicant has not demonstrated that the variance will not adversely affect the public health,
welfare, and safety and will not be injurious to property or improvements in the neighborhood as
specified in Section 14.2 of the Zoning Ordinance. Second by Schiltz. Ayes: Weisensel,
Messner, Schiltz, Anderson, Napper. Nays: 0. Motion carried.
Mr. Pearson stated the applicant could appeal this action to the City Council. He needs to submit
a letter to the Planning Department which will then be forwarded to the City Council within ten
working days and must be accompanied by the fee of $165 to cover the public hearing.
Chairperson Weisensel adjourned the Board of Appeals & Adjustments meeting and reconvened
the Planning Commission meeting.
lie Hearing: Wendy's Site Plan Review
This *te plan review is for a 4,000 sq. ft Wendy's fast food restaurant. It wil e located on the
lot adj side. They will share a driveway wit ac t to KFC /AW on the east s e KFC /AW on the
southwest co er as well as sharing a driveway with property on the ea side of the proposed
restaurant. The will be another access point to the common share riveway on the south side
of the site that corn is Claret and Cimarron Avenues. The bull g will have one -way counter-
clockwise circulation parking in single rows on the east a north sides. There is double
row parking on the west si where the main entrance is. T e drive -thru window is located on
the east side with vehicle stac g space wrapping aroun to the southwest side of the building.
The plan does show more row pa ing and stacking at e drive -thru than is required. There
would be two -way circulation on the outhem edge f the site.
The building will be constructed with bric ,,
be three roof structures to add vertical eleme .
will be framed with red block t/accents 1
roof structures will be red, the ci
west, and south edges of the site t
landscaping is recommended al2
conditions.
, 6er in a light to medium brown finish. There will
required by the PUD agreement. The windows
anding seam metal roof, window accents and
Th landscaping shows shade trees on the east,
n s s at the front and rear elevations. More
Staff re mmends approval of this site plan with
Dan Opitz, FourCrown,,Ln6., 709 Gillfillan Lane, White Bear To nship, did pass out color
renderings of the bui mg. There were no questions for the applica .
Chairperson W isensel opened the public hearing. There were no comet ts.
MOTI byMessner to close the public hearing. Second by Schiltz. Aye\ ssner, Schiltz,
An son, Napper, Weisensel. Nays: 0. Motion carved.
CITY OF ROSEMOU NT
Planning Commission
Regular Meeting Minutes
February 25, 2003
CITY HALL
2875 – 145th Street West
— Rosemount, MN
55068 -4997
Phone: 651-423-4411
Hearing Impaired 651- 423 -6219
Fax: 651 - 423.5203
rsuant to due call and notice thereof, the Regular Meeting of the Planning Commission was
l�e on Tuesday, February 25, 2003. Chairperson Jeff Weisensel called the meeting too er at
6:30 .m. with Corm David Anderson, Myron Napper, Jason Messner, and omas
Schilt resent. Also in attendance was City Planner Rick Pearson.
The meetir M was opened with Pledge of Allegiance.
Agenda: o additions or corrections.
Audience Input: None.
MOTION by Messner t approve the February 11, 2003 ular Planning Commission Meeting
Minutes. Second by Schil . Ayes: Anderson, Napper, eisensel, Messner, Schiltz. Nays: 0.
Motion carried.
Chairperson Weisensel confirme with the rec ding secretary has placed on file with the City
all Affidavits of Mailing and Postin of a blic Hearing Notice and Affidavits of Publication
conce"rning -the public hearings on � the da.
- -
Public Hearing: S/Lot lit/ ombi tion
This request was blanning Co ission on February 11, 2003. Since that meeting,
Staff has offered seatives that the a licants are considering. This application is to
redistribute proper Donald Stein an usan Stein. There are no new lots being
created but the redies create two south ly parcels of land that would not have the
standard rural lot fr street.
Chairperson W opened the public hearing. There ere no comments.
MOTI
QN by Schiltz to continue the public hearing until March 1, 2003. Second by Anderson.
Ay Napper, Weisensel, Messner, Schiltz, Anderson. Nays: 0. 'Motion carried.
Public Hearing: Mike Kulhanek Variance Petition
Chairperson Weisensel recessed the Planning Commission Meeting and convened the Board of
Appeals & Adjustments.
Staff has not received any new information in this matter and, therefore, recommends continuing
this public hearing until March 11, 2003. Staff was awaiting a report from Mr. Kulhanek's
consultant that might help change the previous staff recommendation to deny this variance.
Since this information has not been received, Staff does not have the ability to respond to it.
Planning Commission Meeting Minutes
February 25, 2003
Page 2
This variance request involves property located at the north end of Blanca Avenue.
Approximately two years ago Mr. Kulhanek acquired a variance to lot area to construct the
existing house in the middle of the property. This land is zoned Rural Residential and the
minimum lot size is 2.5 acres. Mr. Kulhanek's lot is approximately 1 acre. The proposed garage
encroaches into the setbacks. The proposed garage would require the wetland to be filled and a
retaining wall to be installed. Some questions have been raised from our Water Resources
Engineer, Chad Donnelly, about the impact of the wetland and its status and drainage patterns.
Brian Alton, Attorney for Mike Kulhanek, stated that their consultant does not have any new
information to add to the previous report prepared two years ago. There was question about the
wetland and its ordinary high water mark as it affected the septic system and drain field. One
thing to consider is the outlet from the wetland being several feet below the septic drain field.
The presence of that outlet would alleviate any potential for inundation of the septic system that
might result if fill is put into the wetland. Mr. Alton reserved the rest of his comments of the
public hearing on March 11, 2003.
Chairperson Weisensel opened the public hearing. There were no comments.
MOTION by Napper to continue the public hearing until March 11, 2003. Second by
Anderson. Ayes: Weisensel, Messner, Schiltz, Anderson, Napper. Nays: 0. Motion carried.
Chairperson Weisensel adjourned the Board of Appeals & Adjustments and reconvened the
Planning Commission Meeting.
Pub 'c Hearing: Danner Mineral Extraction Permit Renewal 2003
Tii1S 1S r?Ut1: e Mineral extraction pernnt >ene:x =al 203 for the Damn- lrriing Plt- located..l 25 -.
miles east f STH 52/56 and ' / rriiie south of C:SAH2. The appli. dnt reports approximately
115,000 ton f granular material was extracted in the last year. he pit seems to be a little
behind the time in terms of its phasing as a result of the lev of work and contracts landed.
There are no reque ed change to the permit so Staff reco ends approval subject to that
attached conditions.
Chairperson Weisensel op lied the public hearin . There were no comments.
MOTION by Anderson to close e publi earning. Second by Napper. Ayes: Messner,
Schiltz, Anderson, Napper, Weisen 1. ays: 0. Motion carried.
MOTION by Anderson to reco end \the y Council renew the mineral extracti on permit
for Marlon Danner of Danner c. subj tached conditions for 2003. Second by
Messner. Ayes: Schiltz, derson, Napnsel, Messner. Nays: 0. Motion carved.
Mr. Pearson stated t s would most likeCity Council agenda on March 20, 2003.
z blic He ing: Centex Homes /Minea Concept Reside tial Planned Unit Development
s dev opment concept mixes housing types and ensities the largest remaining parcel of
land* Rosemount's Metropolitan Urban Service Area SA). There area number of
c straints on the property including several pipelines, significant storm water ponding
Planning Commission Meeting Minutes
February 11, 2003
Page 4
Steve Ach, Centex Homes, stated that they are proposing a three -unit building that is single
aded with the two end units being single level and the middle unit being a two -story. ley are
t 'ng to provide a mix of product to their buyers. This is a new product that they ar inding a
goo reception and demand for. Mr. Ach gave several examples of how this hou ' Ig type would
work est for the proposed location of Bloomfield 7 Addition. The footprint ace for the
single- ily is greater than that of the three -unit townhomes, thereby redu 'ng the amount of
impervio surface.
Mr. Pearson -1phasized that this is only a concept ryfootprnints, a 'f the concept is approved
they will have etailed design of the actual building oposed lot lines, grading plans,
landscaping and til ity designs. Mr. Ach added that ave more open space
maintained by the ssociation and they would have e package. They are pulling
the development aw from the negative impacts suoad and the future Connemara
Trail.
Chairperson Weisensel ope`Xed the public
MOTION by Messner to close e pub
Weisensel, Messner, Anderson. s/
There was no public comment.
ieanng. Second by Anderson. Ayes: Napper,
Motion carried.
Chairperson Weisensel stated this a g"oQd solution to a difficult area. He likes the buffer area
off the railroad tracks and thi s the peopfb,iving there will too. He also likes the reduced
impact on the wetlands. also likes the no u 'ng articulation. He is not concerned with the
increased unit counts.
MOTION by Me er to reconunend that the City Co cil approve the concept Planned Unit
Development endment subject to:
1. Conf ance with the requirements for preliminary/ 1 1 planned unit development.
2. Re ning to R -2, Moderate Density Residential.
Second y Napper. Ayes: Weisensel, Messner, Anderson, Napper. ays: 0. Motion carried.
'earson stated this will go to the City Council probably on February Q, 2003 and at that
will take action on the concept application. �
Public Hearing: Mike Kulhanek Variance
Chairperson Weisensel recessed the Planning Commission Meeting and convened the Board of
Appeals and Adjustments Meeting.
Mr. Pearson informed the Commission that the applicant, through his attorney, has requested this
hearing be continued until February 25, 2003, to allow them more time to revise their plan and
address some key issues with regards to the wetlands on the property.
Chairperson Weisensel opened the public hearing. Chairperson Weisensel noted an email
received from Phil and Karen Casselman in opposition of this variance request.
Plarming Commission Meeting Minutes
February 11, 2003
Page 5
Tracy Dougherty, 12370 Blanca Avenue, is a neighbor of Mr. Kulhanek's. She requested Mr.
Pearson give a brief presentation on what Mr. Kulhanek is asking for.
Mr. Pearson stated that the applicant's property is located at the northern end of Blanca Avenue.
A couple of years ago he obtained a variance to build his house that sits between two pre-
existing lots that were combined to create a building pad between two wetlands. It is zoned rural
residential and the required lot size is 2.5 acres. These two lots combined equal about one acre
so Mr. Kulhanek was granted a variance to lot area size for the house. Mr. Kulhanek's overall
package placed the house between two existing wetlands. On the eastern side is a significant
wetland of fairly high quality and on the western side is a smaller wetland of slightly lower
classification and smaller buffer zone. A portion of that buffer zone was impacted with the
construction of the house. At that same time the applicant also requested a detached structure on
the south side of the wetland and a paved surface area connecting it to the driveway to the garage
attached to the house. Acting as the Board of Appeals, the Planning Commission granted the
variance for setbacks and lot area for both the house and detached building. A few neighbors
appealed the variance to the City Council who overturned the variance granted. They granted a
modified variance that only included the house and deluded the detached structure because there
was impact to the wetland, that capacity of the wetland was being reduced and the appellants had
a stormwater study prepared by a consultant that indicated potential problems with impacting
these wetlands and reducing the stormwater capacity. Mr. Kulhanek is asking again for a
variance, which is his right, for a three -car garage. The request also includes a retaining wall and
a portion of the wetland to be filled. Staff was very concerned about the variances and the
impact of the wetlands. The applicant has not dealt with the stormwater issue which was a
condition placed on the modified variance. Staff feels that because there has been no shown
attempt to maintain the storage capacity of this wetland Staff feels since the first finding of the
variance deals with health, safety, welfary, they cannot support this variance. Staff is hoping that
Mr. Kulhanek will use the next two weeks to revise his plans and address the stormwater issues.
Betty Schneider, 12365 Blanca Avenue, is the neighbor to the southwest of Mr. Kulhanek's. She
is opposed to the variance for the same reasons as stated a few years ago and as Mr. Pearson
mentioned. She is concerned with the valuation of her property and the probable change in water
tables that will affect her property. She also has enjoyed the wildlife and would hate to see that
destroyed.
Cormnissioner Napper inquired about a swale on the property and if it was considered a wetland.
Ms. Scluieider stated that at one time the area where Mr. Kulhanek's house is was one big
wetland. When Don Christiansen developed the south end of Blanca Avenue he didn't know
what to do with all the dirt so he took it and divided the wetland.
Jeff Nelson, 12334 South Robert Trail, lives just west of Mr. Kulhanek. He is also opposed to
the variance for the same reasons already stated. He is concerned with the impact of filling the
wetlands.
The wetland on the west side does not always have water accumulated. It depends on the
amount of snow and rain in a given year.
Planning Commission Meeting Minutes
February 11, 2003
Page 6
Tracy Dougherty, asked is she would be able to speak at the meeting on February 25, 2003.
Chairperson Weisensel stated she could speak tonight or at the next meeting. Mr. Pearson stated
the applicant had hoped that all public comment would be deferred for two weeks so they could
have an opportunity to respond. Ms. Dougherty asked how much he wanted to fill and if the
study they had prepared a few years ago would apply to what Mr. Kulhanek is asking for now..
Mr. Pearson stated he believed Mr. Kulhanek was asking to fill about 1500 square feet and that
the study does have merit and gives the Planning Commission and City Council more
information on the property. That study was very instrumental in the City Council if the
variance granted. The Planning Commission, acting as the Board of Appeals and Adjustments,
has not yet made a decision and are hoping to receive additional infornation from the applicant.
MOTION by Anderson to continue the public hearing until February 25, 2003. Second by
Messner. Ayes: Messner, Anderson, Napper, Weisensel. Nays: 0. Motion carried.
Chairperson Weisensel asked that the next packet include a copy of the study prepared, a copy of
the meeting minutes when the variance was granted and any information the City took into
consideration to overturn that variance. Mr. Pearson stated that most of this information is being
reviewed by Chad Donnelly, our Wetland Resources Engineer. Mr. Pearson also stated he is
expecting Mr. Donnelly to put together a package.
Chairperson adjourned the Board of Appeals and Adjustments meeting and Reconvened the
Planning Commission Meeting.
Business: None.
New Bu k ess: Bloomfield 5 th Final Plat Update
Mr. Pearson ormed the Commission that the final plat for oomfield 5 th Addition extended
the lot lines on t east side all the way across the prope over a significant ponding basin.
Refined design work r the ponding basin has been c pleted and includes a planting plan.
The final plat is being in ified on the recommen ion of the City Engineer so that the opposite
sides of the ponds from the kyards of these is would not have to be maintained by the
owners of those lots. The modi ation wil reate an outlot for the perimeter of that pond. Mr.
Pearson wanted to inform the Corn s' n for when the mylars come in and look different than
the approved final plat.
New Business: Biscayne Po' to 5" Final Pla
This final plat is the lasts pin the planning proces o create single family lots for sale. The
plat is in conformance the R -1, Low Density Residen ' 1 standards and preliminary plat. This
developmeXeas f Biscayne Avenue and n orth of the emara Trail alignment. There are
31 lots on aely 12 acres. Steve Bona of Heritage Dev merit is present to answer
any questios recommending approval subject to the four c ditions.
MOT N by Anderson to recommend that the City Council approve the fin lat for Biscayne
Po' to 5 th Addition subject to:
1. Execution of a subdivision development agreement to secure public infrastructure and
private improvements.
FINDINGS
The Board of Appeals and Adjustments and the City Council, upon appeal, must find as follows
in the granting of a variance from this ordinance:
Granting a variance will not adversely affect the public health, welfare and safety and will
not be detrimental or injurious to property or improvements in the neighborhood.
2. Strict interpretation or enforcement would result in a practical difficulty or unnecessary
hardship inconsistent with the intent of this Ordinance and the Comprehensive Guide
Plan.
There are exceptional or extraordinary circumstances or conditions applicable to the
property, use or facilities that do not apply generally to other properties in the same
district.
4. Strict or literal interpretation would deprive the applicant of the use and enjoyment of his
property in a manner similar to other owners in the same district.
Granting of the variance will not allow a use which is otherwise not a permitted use in the
zoning district in question.
MEMO
Date: March 5, 2003
To: Rick Pearson, City Planner
Andy Brotzler, City Engineer
From: Chad Donnelly, Water Resources Engineer
Re: Kulhanek Building Permit
The intent of this memo is to reiterate the issues in regards to Mr. Kulhanek's variance
application to partially fill City wetland No. 187 for the purpose of a garage and driveway. An
estimated 1350 ft of wetland fill is proposed for the building pad of the garage and base of the
driveway.
For a project of this nature, it must be demonstrated that the post construction development
will not create negative impacts to the adjacent property owners and, in this case, Mr.
Kulhanek's property. The efforts to demonstrate such findings must be consistent with the
City of Rosemount's Comprehensive Stormwater Management Plan. The stormwater
management plan has since been revised and updated to address these issues. Section four of
the plan outlines the requirements necessary for construction projects. A copy of this section
has been provided to Mr. Kulhanek.
The initial report completed by Svoboda Ecological Resources, dated February 13, 2001, does
not satisfy the requirements defined in Section four of the stormwater management plan. The
report does not accurately model the immediate watershed, and it does not take into account
the 100 -year, 24 -hour stormwater event, which is considered the critical event for a
development of this nature. Subject to staff review, the City may require Mr. Kulhanek to
examine the 10 -day snowmelt as the critical event. Subsequent to these findings, it must also
be shown that an adequate freeboard between high water level and the low floor elevations of
adjacent structures be maintained.
These issues must be adequately addressed to support the need to fill City wetland No. 187,
and at this point in time, there is not enough evidence to authorize approval.
MEMO
Date: January 31, 2003
To: Rick Pearson, City Planner
Andy Brotzler, City Engineer
From: Chad Donnelly, Water Resources Engineer
Re: Kulhanek Building Permit
The preliminary plan for the Kulhanek property includes partially filling City wetland No. 148
for the purpose of a garage and driveway and providing additional flat space off of the west
face of the house. City wetland No. 148 is approximately 5200 ft' and is classified as a utilize
wetland in the City of Rosemount's Wetland Management Plan. The proposed improvements
to Mr. Kulhanek's property include filling an estimated 13.50 ft' along the south and east banks
of the wetland.
Exemption regulations outlined in Section 8420.0122 of the Wetland Conservation Act (WCA)
allow a property owner to fill a wetland without replacement. Subject to the wetland type and
location, a property owner may fill an amount up to a pre- determined limit for the identified
wetland. 2000 ft' of type 1, 2, or 6 wetland, outside of the shoreland wetland protection and
that are not fringe areas of type 3, 4, or 5 wetlands in a less than 50% area. A less than 50%
area is defined as an area with less than 50% of its natural pre- settlement or pre- development
wetlands.
A previous hydrology model prepared by the City's Water Resource Engineer, dated March 1,
2001 established an ordinary high water level (OHWL) for the wetland. OHWLs are
established to provide a means of safeguarding life, limb and property from potential impacts
due to flooding or other occurrences. Partially filling this wetland will alter the capacity it was
originally modeled at, resulting in fluctuating water levels beyond the OHWL designation.
City wetland No. 148 is a functioning component of the stormwater management system for
Mr. Kulhanek's property and the adjacent property owners. Stormwater management for a
development of this nature is subject to the topography and underlying soil conditions. The
nature of this development relies on the nearby wetlands and depressions to retain the
stormwater run -off during rain events.
The original application made by Mr. Kulhanek to construct the garage along with the
construction of the main structure was denied. The variance to construct the garage was
overturned based on the findings of facts outlined in the council resolution dated March 20 ",
2001. It was determined that the wetland fill would result in inundation by stormwater or
snowmelt of a portion of the designated septic system location. Mr. Kulhanek has not
adequately demonstrated, that the adjacent properties would not be impacted as a result of the
proposed fill to City wetland No. 148. An over topping of the wetland from Mr. Kulhanek's
property currently does not have a positive outlet to Trunk Highway (TH) 3 by overland flow.
Previous documentation required Mr. Kulhanek to clean the debris out of the storm sewer
culvert on the northwest edge of City wetland No. 148 that routes water in the direction of TH
3. Verification and inspection by a City staff member would need to be provided to see that
this is complete.
Further consideration of this application would require a hydrology analysis for the immediate
watershed area based on the post construction features of the wetland and Mr. Kulhanek's
property. The hydrology model must be consistent with the design criteria and regulations
outlined in the City of Rosemount's Stormwater Management Plan. Based on the results of the
stormwater analysis, the City may require Mr. Kulhanek to replace the storage volume of the
pond equal to that of the fill.
Mike Kulhanek
19739 Coates Blvd
Hastings, MN 55033
CITY OF ROSEMOU NT
Everything's Coming Up Rosemount!!
Re: Wetland Conservation Act Certificate of Exemption
Dear Mr. Kulhanek,
CITY HALL
2875 — 145th Street West
Rosemount, MN
55068 -4997
Phone: 651 -42 3 -4411
Hearing Impaired 651 - 423 -6219
Fax: 651- 423 -5203.
Enclosed is your copy of the Wetland Conservation Act Certificate of Exemption for
2000 ft of fill for the west wetland (Rosemount 14148) on your property, PID 34- 53600-
051-03. Please note that a grading permit is required and that you do not have
permission from the city to commence grading.
Thank you for your cooperation. If you have any questions please call me at 651 -322-
2005.
Sin erely,
- //tw�
Alyson Morris
Water Resource Engineer
cc: Wayne E. Jacobsen, Svoboda Ecological
Bret Weiss, Interim City Engineer
Rick Pearson, City Planner
WETLAND CONSERVATION ACT
CERTIFICATE OF EXEMPTION OR COMPLIANCE OR NO LOSS*
City of Rosemount
2875 145' Street West
Rosemount, MN 55068
ATTN: Ms. Alyson Morris
Mr. Mike Kulhanek
ab V
19739 Coates Boulevard, Hastings, MN 55033 (651) 848 -2783 (651) 687 -5455 FAX
(Name, address, and phone of applicant)
Kulhanek Parcel Single Family Residential Development at the North End of Blanca Avenue
(Description of project/Name of development)
In the SE1 /4 of NE 1/4 of Section 17, TI 15N, R19W. City of Rosemount Dakota County
(Location of work: Township, Range, Section, Qtr. Section, Lot, Block, Subdivision, City, County)
(For seasonal/annual exemption attach proposed general location information, i.e. maps, aerial photos)
The wetland activity at the above site is exempted from or in compliance with the Wetland Conservation Act (WCA)
for the following reason: [Please Circle (A), (B), (C), (D), OR (E)]
This certification expires (Date)
(A) A Wetland Does Not Exist; OR
(B) Exemption (per MN Rule Chapter 8420.0122)
Description of Exemption
Subpart 9 A. 3. Deminimus where 2,000 sf of Type 1.2, or 6 wetland may be filled in a less than 50% area
;OR
(C) Wetland Loss Has Been Avoided; OR
(D) Wetland Has Been Replaced As Per Approved Plan (attached); OR
(E) No Loss Determination (attach plans).
The information provided for this determination is truthful and accurate to the best of my knowledge.
(Age6t Signature)
(LGU Offi al Signature)
- L`!2 JP/
(Dated)
(Dated)
THIS CERTIFICATION ONLY APPLIES TO THE WCA. Permits from local, state, and federal agencies may
be required. Check with the appropriate authorities before commencing work in or near wetlands. The Combined
Project Application form can be used for this purpose.
FOR ALL EXEMPTIONS: A landowner draining or filling a wetland under an exemption shall ensure that;
appropriate erosion control measures are taken to prevent sedimentation of the water, the drain or fill does not block
fish passage, and the drain or file is conducted in compliance with all other applicable federal, state and local
requirements, including best management practices and water resource protection requirements established under 11 1
Minnesota Statutes, Chapter 103H. � '.
APPLICANT NEEDS GRADING PERMIT AND HOES NOT HAVE
PFRMIRRION FROM THE G�TV TO'C OMMENC F GRADING %j=
MEMORANDUM
DATE: March 1, 2001
TO: Rick Pearson
FROM: Alyson Morris
SUBJECT: Kulhanek Property
I have studied the effects on the storage capacity of the west wetland resulting from the
proposed 2000 ft fill. The volume of runoff generated by the 100 -year event was
determined using the design criteria of the Minnesota Department of Transportation.
The following summarizes the current and proposed conditions of the west wetland.
Attached are copies of the latest site plans for the property with the current and
proposed 100 -year event water levels drawn in. Referring to both attachments, the 100 -
year_-water_.lemelLwill - inundate a- pattion..oLthe. --,e ic.f:eld --J, - . r- uildin fficial Mick
- tae errs �reafed tfie rain rel_ - muses ' _ suc Ilia e�wt _n 'pon on IT.
The area of inundation shown in Attachment 1 (unaltered wetland condition) is much
smaller than that shown in Attachment 2 (2000 ft of fill).
Mr. Kulhanek also needs to provide topographic information for the neighboring
properties to show how the properties would be affected if the pond overflowed. Based
on this information, I recommend that Mr. Kulhanek's request to fill in 2000 ft of the west
wetland be denied.
Current
Proposed (2000 ft of fill)
Bottom elevation of the wetland (ft)
92
92
Volume of runoff for the 100 -year event (ft)
12,180
12,180
Storage capacity of wetland at OHWL (ft)
fl940'
8,630
Water elevation for the 100 -year event (ft)
95
Attached are copies of the latest site plans for the property with the current and
proposed 100 -year event water levels drawn in. Referring to both attachments, the 100 -
year_-water_.lemelLwill - inundate a- pattion..oLthe. --,e ic.f:eld --J, - . r- uildin fficial Mick
- tae errs �reafed tfie rain rel_ - muses ' _ suc Ilia e�wt _n 'pon on IT.
The area of inundation shown in Attachment 1 (unaltered wetland condition) is much
smaller than that shown in Attachment 2 (2000 ft of fill).
Mr. Kulhanek also needs to provide topographic information for the neighboring
properties to show how the properties would be affected if the pond overflowed. Based
on this information, I recommend that Mr. Kulhanek's request to fill in 2000 ft of the west
wetland be denied.
100.5
98.3
92.3
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SCALE: 1 INCH - 40 FEET
91.6
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91.0
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DELMAR H. SCHWANZ
LAND SURVEYORS, INC.
MN. LICENSE NO. 8625
14750 South Robert Trail
Rosemount, MN 55068
Phone: (651) 423 -1769
WETLANDS DELINEATED BY:
SVOBODA ECOLOGICAL RESOURCES ON 10 -23 -2000
Property Description:
Lots 4 and 5, Block 3, OAKWC)OD ESTATES, according
to the recorded plat thereof, Dakota County,
Minnesota.
Dated: November 7, 2000
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M.AR 0 2001 14:4 FR ERRR ENGINEERING 952 832 2601 TO 96514235203 P.02•
Barr Engineering Company
4700 West 77th Street • Minneapolis, MN 55435 -4803
Phone: 952 -832 -2600 - Fax: 952 -832 -2601
BAR R
Minneapolis, MN • Hibbing, MN • Duluth, MN • Ann Arbor, MI • Jefferson City, MO
MEMORANDUM
To: Residents, Oakwood Estates
From: Steven M. Klein
Subject: Michael Kulhanek's proposed Development
Lots 4 and 5, Block 3, Oakwood Estates
Rosemount, Minnesota
Date: February 28, 2001
This memo summarizes issues I have identified relative to the Kulhanek proposal. To become
familiar with the proposed work, I (a) reviewed the Executive Summary for Action prepared by
Rosemount City staff for the proposed Kulhanek residence, (b) reviewed the letter dated January 12,
2000 from Svoboda Ecological Resources to Mr. Kulhanek, and (c) viewed the property in question
on site. Through my review of this information and site visit, I have identified several issues that I
believe should be addressed by the City before it considers approval of the Kulhanek proposal,_ _
Issue 1 — Tbe proposed filling of Wetland #2 will cause the 100 -year flood level to rise, will cause
greater normal level fluctuations, acid will exacerbate an existing water problem.
Mr. Kulhanek is proposing to fill part of the wetland on the west side of his property. This wetland
is designated as Wetland #2 on some of the site maps supplied by the City. This filling is proposed
to enable construction of a driveway and utility building.
The City and Svoboda Ecological Resources have reviewed the proposed development based on a
100 -year event and historical pond fluctuation. However, neither have reviewed this development
with what is likely the most critical of the 100 -year events. In the Hydrology Guide for Minnesota,
prepared by the U.S. Department of Agriculture Soil Conservation Service, St. Paul, Minnesota, the
100 -year 10 -day snowmelt runoff (as opposed to rainfall) projected for the Rosemount area is
7.1 inches of runoff. The 100 -year 10 -day snowmelt runoff event would likely be the most critical of
all of the 100 -year events because Wetland #2 is essentially a landlocked basin (it does not have a
piped outlet).
The Svoboda letter describes aerial photograph reviews of Wetland #2 and Wetland #1, and
concludes that because the water level (on the dates that the air photos were taken) was not high
enough to form one large water area, there should be no problem with construction. I do not believe
that the data is sufficient to reach that conclusion, because the Svoboda letter does not consider a
100 -year runoff event, including the snowmelt event. The calculation they do make is only to show
To:
Residents, Oakwood Estates
From:
Steven M. Klein
Date:
February 28, 2001
Page:
2
the incremental rise in the flood level, not to estimate the potential flood level that now exists. At
best, information in the Svoboda letter may indicate that the normal elevation of the wetlands is
similar to what is shown on available maps. However, the proposed filling of Wetland #2 will
certainly result in an incrementally higher 100 -year flood level.
The City's Executive Summary for Action refers to the "ordinary high water elevation" (OHWE) as
being the same as the 100 -year level. Typically there is a difference between the I00 -year flood
level and the OHWE. The 100 -year level is usually based a runoff event, and the OHWE is
interpreted as the "normal" (non -flood) elevation. We need to understand the terms being used. In
any case, the City may not be using the snowmelt event to determine the 100 -year level.
It is my understanding that no one has surveyed the low floor elevations of either of the Schneider or
Nelson residences or any below -floor heat ducts for either of these two residences. The low floor
elevations of both the Nelson residence (west of Wetland #2) and the Schneider residence (south of
Wetland #2) appear to be lower than the natural overflow of Wetland #2, which is to the east where
the Kulhanek's propose to build their home. Because there is no outlet for Wetland #2, the runoff
from the critical 100 -year event will likely cause surface water or groundwater to encroach upon
these two residences.'The City should apply the critical 100 -year criteria to the low floor proposed by
Mr. Kulhanek, to determine if the proposed construction will be consistent with the City's building
ordinance. A cursory analysis suggests that the 100 -year flood level may already be at or above the
elevation of adjacent properties.
Anecdotally, I have heard that both of these residences and the residence south of the Schneider
home have all had water problems in the past. Some of these preble;rs may be a result of poor
drainage around each of the individual homes. However, high ground water is also a likely cause as I
understand that the sump pump in at least one of these residences has run for extended periods. This
suggests that a groundwater problem exists (as opposed to poor sw-face drainage around individual
homes).
Recommendation —The low floor and below floor heat duct elevations of the Nelson and
Schneider residences should be surveyed. The projected 100 -year flood level based on a
10 -day, 7.1 -inch runoff event should be computed for both Wetland #2 and Wetland #1. This
100 -year flood level should be computed for both existing wetland topography and for the
proposed filled wetland topography as shown on the Kulhanek- submitted documents. If the
computed 100 -year flood elevations are near or higher than the low floor or below -floor heat
ducts of the Nelson or Schneider residences, no filling of Wetland #2 should be allowed until
an outlet from Wetland #2 can be provided to establish the normal level of the pond and
control the 100 -year flood level at an acceptable level.
MA.R 01 2001 14:42 FR BPRR ENGINEERING 952 632 2601 TO 96514235203 P.04 '
To:
Residents, Oakwood Estates
From:
Steven M. Klein
Date:
February 28, 2001
Page:
3
Issue 2 — A clear understanding of the critical 100 -year flood level for Wetland #L has not been
developed If Wetland #2 were to outlet by nine to Wetland #1, will the 100 -year flood level at
Wetland #1 encroach on the Dougherty residence
The critical 100 -year flood level based on a 7.1 -inch 10 -day runoff event has not been computed for
Wetland #l. It is my understanding that Wetland #1 is also landlocked and that at times water levels
within this wetland have risen high enough to inundate the swale /ditch located a few feet east of the
Dougherty residence. Because Wetland #1 does not have an outlet, the critical 100 -year flood level
can fluctuate significantly depending on the water level of Wetland #1 prior to the runoff event.
In the City's first surface water management plan, a 5 -foot freeboard for landlocked basins was
required specifically because of wide fluctuations in the normal level of the City's landlocked basins
(if the normal level of the wetland is at a higher elevation when the 100 -year flood occurs, the
100 -year flood level will also increase). In recent surface water management plans, I understand that
the City has relaxed that freeboard restriction and the Executive Summary for Action now calls for
1 -foot of freeboard. On small landlocked basins such as Wetland #1 or Wetland #2, we have seen
many instances where normal levels of basins have risen significantly with increased areas of
impervious surface draining to such wetlands. I would recommend a freeboard greater than I or
2 feet above the projected 100 -year flood level for homes on a landlocked pond.
Recommendation- -The City should compute the 100 -year flood level for Wetland #1 by
determining its highest normal water elevation that has occurred since its watershed has been
more developed, and then superimpose 7.1 inches of runoff from a) its existing drainage area
and b) its existing drainage area plus the Wetland #2 drainage area (assuming it is piped to
Wetland #1). The City should then determine where those flood levels would be relative to
the low floor elevations of the Dougherty, Nelson, and Schneider residences and the proposed
Kulhanek residence. If, When making this calculation, the City makes allowance for
overflow from Wetland #1 to downstream wetlands, then their analysis should be expanded
to include the estimated flood levels of the downstream wetlands. This is necessary because
when the 100 -year snowmelt occurs at Wetlands #1 and #2, it will also occur at downstream
wetlands, and the analysis needs to show that the assumed overflow could actually happen
under those conditions.
Because Wetland #1 is landlocked, I recommend that there be at least 2 feet of freeboard
between the highest 100 -year flood level of Wetland #1 and the lowest floor elevation of the
Dougherty, Schneider, or Nelson residences and the proposed Kulhanek residence.
I would also recommend that the City develop an operating plan for Wetland #1 and Wetland
#2 that includes periodically monitoring the normal level of the two wetlands and setting an
action level to lower these levels through periodic pumping in the event the water level rises
To:
Residents, Oakwood Estates
From:
Steven M. Klein
Date:
February 28, 2001
Page:
4
to unacceptable elevations. In addition, you and your neighbors may also want to investigate
obtaining flood insurance for your homes.
Issue 3— Wetland #2 could be completely filled
It is my understanding that Mr. Kulhanek mentioncd to a nearby neighbor that he would like to fill all
of Wetland #2. Under the Wetland Conservation Act, certain diminimus or allowable wetland filling
is possible. This might allow Mr. Kulhanek to entirely fill Wetland #2 without obtaining a permit
from the local governmental unit (LGU), and without providing mitigation. Should Mr. Kulhanek
decide to further fill Wetland #2 in the future, such additional filling could further increase the
normal level and would further increase the 100 -year flood level more than what would occur under
his present proposal. Please refer to Issue 1, above, for the problems this filling could cause.
Issue 4 — The Kulhanek proposal will_ significantly alter the lot he has purchased in order to
accommodate his proposed building.
Mr. Kulhanek is proposing to place a three -story house, a large driveway, and a large utility building
on a narrow, partially wooded lot that will require significant alteration for such improvements. To
use an analogy, it appears he is trying to place two pounds of sand in a one pound bag, which will
change the nature of the lot and wetlands. I believe the City should require Mr. Kulhanek to
demonstrate, in terms of flooding and groundwater impacts, that the proposed improvements will not
negatively impact his neighbors.
Recommendation - -I recommend the City not approve the filling of Wetland #2 to
acconunodate the proposal. No grading should be allowed that will further restrict the
overflow elevation between the wetlands.
You are welcome to provide the City and Mr. Kulhanek a copy of this memo. If you have any
questions concerning my comments, please call me at 952/832 -2809, or e-mail me at
sklein@barr.com
:: 0 D M a\P C D0 C S 1D 0 C S \2242 3 31 I
** TOTAL PAGE.05 **
SVOBODA ECOLOGICAL RESOURCES
'. Providing the Sharper Edge in Natural Resources & Environmental Consulting
' t ary 12. 2001
Mr. Mike Kulhanek
19739 Coates Boulevard
[ (astings. hIN 550 33
RE: SER Project Nanlc: Kulhallck Parcel
SER Project No: 2000- 0t -03
Project Location: A, portion of the SE 1;4 or NE 1/4 of Section 17. TI 15N. R19W.
City of Rosemount, Dakota County. Minnesota
Project Description: Historical Aerial Photography and Correlating Rain Data Report
Dear Mr. Kulhanek:
As requested, Svoboda Ecological Resources (SER) performed - a historical aerial photography
analysis and correlated'3 months of prior precipitation data from the Rosemount, Minnesota
location with each photograph. Beloxv are data tables which assist us in analyzing our data:
Table 1.
(k Precip�tatFaa data . gches} €ar R�ecntx¢st#atio>z #2I0?
Month
Average'
Observed"
Deviation
January
I 1.06
1.44
+0.38
February
I 0.94
1.14
+0.30
March
( 3.13
1.24
-0.89
April
I 2.87
1.69
-1.18
Mav
3.93
5.13
=1.21
J6ne
4.31
4.29
-0.02
July
4.03
9.07
+5.04
August I
3.97.
3.13
-0.84
September I
3.56
0.56
-3.00
October
2.56
1.12
-1.44
November
1.84
4.06
-2.22
December
1.23
1.61
10.38
Year to Date:
32.42
34.43
=2.06
Based on a 30 -year av er aye (I 961- 19aO'�.
Numbers in italics refer to drier than nor--al months. Numbers in bold refer to than normal months.
2477 Shad % Road • Excelsior, MN 55331
(952) 471 -1100 (Office) • (952) 471 -0007 (Fax)
Table 2.
:;; � L�a��es fac` l�arma>1ti'reef ` :3��►s _:
Month
30% Chance
30% Chance
Lower Bound"
Upper Bound
January
0
129
February
0.48
1.16
March
1.38
2.56
April
1.80
3.47
May
2.96
4.56
June
2.52
5.24
July
2.84
4.78
August
2.61
4.77
September
2.19
4.31
October
1.33
3
November
0.82
2 .14
December
0.70
1.50
Annual
27.91
3 5.3 6
%.aiculaieu oy iNrt -o ana oasea on a ju -year average (1961- 1990).
All values between the two bounds indicate normal precipitation for that month.
Monthly precipitation values < the 30 °o chance lower bound indicate a drier than average month.
''Monthly precipitation values > the 30 % chance upper bound indicate a wetter than average month.
Table 1 presents a comparison of the 2000 monthly and total annual precipitation values with the
1961- 1990 30 year average data. This data is available from http: / /Mcc.sws.uiuc.edu, the
Midwestern Regional Climactic Center website.
Table 2 presents the Natural Resource Conservation Service (MRCS) WETS ranges, where if
data is outside of these ranges it can be called wetter or drier than the 1961- 1990 30 year average
data. This data is available from
http : / /www.wcc.nres.usda.govhvater w_clim.html, the Water and Climate Center of the
USDA NRCS.
2
Historical Aerial Photo Review and Correlating Precipitation Data
Historical aerial photographs maintained on file at the John Borchert Map Libran of the
University of Minnesota, Minneapolis were studied. The years available included 19 1940,
1951, 1957, 1964, 1966, 1974, 1978. 1980, 1984, 1987, 1990, 1991 and 1997. The scales of the
original photographs varied from 1:9.600 to 1:20,000. Color photo enhancements of these
photographs with approximate scales are presented in Appendix A.
Correlating monthly precipitation data was collected from the Mid Regional Climate
Center for the Rosemount Agricultural Experiment Station #217107 which is located 4.5 :miles
southeast of the Kulhanek Site. This information is presented in Appendix B.
September 23 1937 Photograph
Minnesota STH 3 appears in the photograph, as does the railroad. Basin -1 is on the east of the
site. It appears Basin 91 was formed when the railroad bisected a wetland. since another larger
basin exists to the east, across the railroad. Basin #2 also exists, and it appears on the west as a
isolated basin. The size of the two basins appear very similar to that of today. A map depicting
the size of the basins today is presented in Appendix C. No precipitation data was available as of
this early date.
June 15, 1940 Photograph
The area appears similar to that in the 1937 photograph. Basins #1 and -? appear isolated from
each other as in 1937. The size of the basins has not changed. No precipitation da-a was
available as of this early date.
July 23, 1951 Photograph
The area appears similar to that in the 1940 photograph. Basins #1 and appear isolated from
each other as in 1940. The size of the basins has not changed.
Monthly precipitation data in inches was available and was as follows:
Since the precipitation was mostly normal in this case, it not analyzed further for potential
flooding.
3
Obs
Avg
May
3.98
3.92 Normal
June
7.18
4.31 Wet
July
3.98
4.03 Normal
Since the precipitation was mostly normal in this case, it not analyzed further for potential
flooding.
3
August 14, 1957 Photograph
The area appears similar to that in the 1951 photograph. Basins #1 and #2 appear isolated from
each other as in 195 1. The size of the basins has not changed.
Monthly precipitation data in inches was available and was as follows:
Obs
June 6.15
July 6.07
Aug 9.82
Avg
4.31 Wet
4.03 Wet
3.97 Wet
Since the precipitation was mostly wet in this case, the photographs might show larger wetland
basins but they do not.
July 4, 1964 Photograph
Minnesota STH3 appears in the photograph. as does the railroad. 124` Street West and 125`
Street West along with the Blanca Avenue cul -de -sac and street have been constructed. Basins
#I and #2 appear isolated from each other as in 195 7. The size of the basins has not changed.
There appears to be about three homes that have been built along the 124th/125th/Blanca Avenue
Streets.
Monthly precipitation data in inches xvas a % and was as follows:
Obs
April 3.66
May 4.82
June 2.67
Avg
2.87 Wet
3.92 Wet
4.31 Normal
Since the precipitation was mostly «vet in this case. the photographs might show larger wetland
basins but they do not. `
Spring 1966 Photograph
The area appears similar to that in the 1964 photograph. Basins #1 and appear isolated from
each other as in 1964. The size of the basins has not changed. There appears to be about four
homes on the 124th/125th/Blanca Avenue Streets.
Monthly precipitation data in inches %vas available and was as follows:
Obs
Avg
Mar
1.62
2.13 Normal
April
0.99
2.87 Dry
May
1.62
3.92 Dry
4
Since the precipitation was mostly normal to dry in this case, it was not analyzed further for
potential flooding.
October 7, 1974 Photograph
The area appears similar to that in the 1966 photograph, except for that about 16 homes no1.v
appear on the 1.24' /125thBlanca Avenue Streets. Basins 91 and #2 appear isolated, and the size
of the basins has not changed.
Monthly precipitation data in inches was available and was as follows:
Since the precipitation was mostly normal to dry in this case, it was not analyzed further for
potential flooding.
April 14, 1978 Photograph
The area appears similar to that in the 1974 photograph. Basins- #1 and #2
- appear isolated, and
the size of the basins has not changed.
Monthly precipitation data in inches was available and was as follows:
Obs
Ava
July
1.45
4.03 Dry
Aug
3.81
3.97 Normal
Sept
0.78
3.56 Dry
Since the precipitation was mostly normal to dry in this case, it was not analyzed further for
potential flooding.
April 14, 1978 Photograph
The area appears similar to that in the 1974 photograph. Basins- #1 and #2
- appear isolated, and
the size of the basins has not changed.
Monthly precipitation data in inches was available and was as follows:
Since the precipitation was both dry and wet equally in this case, it was not analyzed further for
potential flooding.
April 19, 1980 Photograph
The area appears similar to that in the 1978 photograph. Basins 91 and r2 appear isolated. and
the size of the basins has not chanced.
5
Obs
Avg
Nov
2.21
1.84
Wet
Dec
1.94
1.23
Wet
Jan
0.47
1.06
Dn-
Feb
0.36
0.94
Dn*
Mar
0.61
2.13
Dry
April
4.05
2.87
Wet
Since the precipitation was both dry and wet equally in this case, it was not analyzed further for
potential flooding.
April 19, 1980 Photograph
The area appears similar to that in the 1978 photograph. Basins 91 and r2 appear isolated. and
the size of the basins has not chanced.
5
Monthly precipitation data in inches was available and was as follows:
Since the precipitation was mostly normal to dn in this case, it was not analyzed further for
potential flooding.
April 17, 1984 Photograph
The area appears similar to that in the 1980 photograph. Basins #1 and #2 appear isolated, and
the size of the basins has not changed.
Monthly precipitation data in inches was available and was as follo"vs:
Obs
Avg
Nov
1.68
1.84
Normal
Dec
0.66
1.23
Dry
Jan
1.56
1.06
Wet
Feb
0.91
0.94
Normal
Mar
1.04
2. 1 3 )
Dry
April
1.62
2.87
Dry
Since the precipitation was mostly normal to dn in this case, it was not analyzed further for
potential flooding.
April 17, 1984 Photograph
The area appears similar to that in the 1980 photograph. Basins #1 and #2 appear isolated, and
the size of the basins has not changed.
Monthly precipitation data in inches was available and was as follo"vs:
Since the precipitation was mostly Nvet to normal in this case, the photographs might show larger
wetland basins but they do not.
A rp l 17, 1987 Photograph
The area appears similar to that in the 1984 photograph. Basins #1 and 42 appear isolated, and
the size of the basins has not changed.
Cr
Ell
Obs
Avg
Nov
N/A
1.84
No Data
Dec
N/A
1.23
No Data
Jan
0.50
1.06
Dry but close to Normal
Feb
1.80
0.94
Wet
Mar
1.85
2. 13
Normal
April
4.42
2.87
Wet
Since the precipitation was mostly Nvet to normal in this case, the photographs might show larger
wetland basins but they do not.
A rp l 17, 1987 Photograph
The area appears similar to that in the 1984 photograph. Basins #1 and 42 appear isolated, and
the size of the basins has not changed.
Cr
Ell
Monthly precipitation data in inches was available and was as follows:
Since the precipitation was mostly dry in this case, it was not analyzed further for potential
flooding.
Spring 1990 Photograph
The area appears similar to that in the 1987 photograph. Basins #1 and #2 appear isolated, and
the size of the basins has not changed.
Monthly precipitation data in inches was available and was as follows:
Obs
Avg
Nov
0.64
1.84
Dry
Dec
0.26
1.23
Dry
Jan
0.45
1.06
Dry
Feb
0.00
0.94
Dry
Mar
1.23
2. 13)
Dry
April
0.15
2.87
Dry
Since the precipitation was mostly dry in this case, it was not analyzed further for potential
flooding.
Spring 1990 Photograph
The area appears similar to that in the 1987 photograph. Basins #1 and #2 appear isolated, and
the size of the basins has not changed.
Monthly precipitation data in inches was available and was as follows:
Since the precipitation was mostly xvet in the spring, the photographs might show larger wetland
basins but they do not.
April 17, 1991 Digital Photograph
The area appears similar to that in the 1990 photograph. Basins #1 and are isolated, and the
size of the basins has not changed.
7
Obs
Avg
Nov
1.96
1.84
Normal
Dec
0.25
1.23
Dry
Jan
0.19
1.06
Dry
Feb
0.79
0.94
Normal
Mar
3.79
2.13
_
Wet
April
3.77
2.87
Wet
May
5.01
3.92
Wet
Since the precipitation was mostly xvet in the spring, the photographs might show larger wetland
basins but they do not.
April 17, 1991 Digital Photograph
The area appears similar to that in the 1990 photograph. Basins #1 and are isolated, and the
size of the basins has not changed.
7
Monthly precipitation data in inches was available and was as l ollows:
Since the precipitation was mostly normal or wet in the spring, the photographs might show
larger wetland basins but the}' do not.
April 13, 1997 Photograph
The area appears as it is_ today. Basin rl (east) and Basin 42 (west) are isolated, and the size of
the basins has not changed from when photographs were taken back in 1937.
Monthly precipitation data in inches was available and was as follows:
Obs
Avg
Nov
0.66
1.84
Dry
Dec
1.22
1.23
Normal
. Jan .
0.22
1.06 .
Dry
Feb
1.15
0.94
Normal
Mar
3.31
2.13
Wet
April
3.64
2.87
Wet
Since the precipitation was mostly normal or wet in the spring, the photographs might show
larger wetland basins but the}' do not.
April 13, 1997 Photograph
The area appears as it is_ today. Basin rl (east) and Basin 42 (west) are isolated, and the size of
the basins has not changed from when photographs were taken back in 1937.
Monthly precipitation data in inches was available and was as follows:
Since the precipitation was mostly dn to normal in the spring, it was not analyzed further for
potential flooding.
Historical Aerial Photo and Correlating Rain Data Summary
Based on the information presented in the historical aerial photo revie,r and correlating
precipitation data, SER concludes that flooding has never occured in Wetland 41 on the east of
the Kulhanek Parcel. If flooding did 'ever occur, it should have been evident in the 1984, 1990,
or 1991 aerial photos when building and impervious surfaces were at their maximums in the
immediate watershed, and when precipitation was near its high points for the period of record
since 1951 -,vhen data began to be collected at the Rosemount Station 9217107.
E
Obs
Avg
Nov
5.10
1.84
Wet
Dec
2.11
1.23
Wet
Jan
1.76
1.06
Wet
Feb
0.20
0.94
Dry
Mar
1.47
2.13
Normal
April
0.88
2.87
Dry
Since the precipitation was mostly dn to normal in the spring, it was not analyzed further for
potential flooding.
Historical Aerial Photo and Correlating Rain Data Summary
Based on the information presented in the historical aerial photo revie,r and correlating
precipitation data, SER concludes that flooding has never occured in Wetland 41 on the east of
the Kulhanek Parcel. If flooding did 'ever occur, it should have been evident in the 1984, 1990,
or 1991 aerial photos when building and impervious surfaces were at their maximums in the
immediate watershed, and when precipitation was near its high points for the period of record
since 1951 -,vhen data began to be collected at the Rosemount Station 9217107.
E
Another reason Wetland # I would not flood to the south, cast, or west arc the steep banks which
contain it. 'I'he 01 1W or Ordinary Flioh Water Mark elevation established for the basin in an
earlier report confirms this, since trees found growing a few inches above the pond water level
would be dead if the water would ever flood them. Even if the maximum storm event recorded
at the Rosemount Station of.5.80 inches recorded on July 24, 1987 were to fall on the site, the
accumulation from Mr. K61hanek's property, assuming it would all be runoff into Wetland #1
without infiltration (which could not occur), would result in the following surface water height
added to the Wetland 41 as follows: `
6925 sq ft = conservative area estimate of house, driveway, and outbuilding
6925 x .4833)'= 3346.8 cu. ft of water runoff into basin 41
3346.8 / 17115 sq ft of existing basin #1 on property = 0.196 feet or 2.35 inches of water rise in
wetland #1, not enough for it to flood anyone on the east, south, west or north sides of wetland
basin ;=1.
As you can see, flooding is simply not going to occur as a result of building Mr. Kulhanek's
home.
Thank you for the opportunity to provide wetland services to you on this important project.
Please call me at (952) 47 1 -1100 if I can answer any questions on this project.
Sincerely.
Syoboda Ecological Resources
Wayne E. Jacobson, PSS, PWS
Biolozist
0
l
Franklin J. Syo oda, CWB, PWS
President
cc: 1 Alyson Morris, City of Rosemount
`Ir. Rick Pearson, City of Rosemount
Attachments: Appendix A: Historical Aerial Photographs
Appendix B: Precipitation Data for Rosemount Station L217107
Appendix C: Surveyed Wetland Boundaries
�NNES0)! 11 t
�''' .........,, � It
� IAYN E E.
JACOBSON
30611 9
�O
ST. PAUL i NIN
Iia2NAL SO��
Dec 04 00 04:21p Svoboda Ecol.Resources (952) 47 -0007 p,2
SVOBODA ECOLOGICAL RESOURCES
i Providing the .Sharper Edge in Natural Resources & Environmental Consulting
December 4, 2000
Mike Kulhanek
19739 Coates Boulevard
Hastings, MN 55033
RE: SER Project Name:
SER Project No:
Project Location:
Project Description:
Dear Mr. Kulhanek:
Kulhanek Parcel
2000- 066 -03
A portion of the SE 1/4 of NE 1/4 of Section 17, TI 15N, RI 9W,
City of Rosemount, Dakota County, Minnesota
Establishing OHW Marks for two basins on the Kulhanek'Parcel
As requested, Svoboda Ecological Resources (SER) visited the above referenced property on
December 1, 2000, to establish Ordinary High Water Marks for the two previously delineated
basins according to Minnesota DNR Waters protocol. .
The publication "Guidelines for Ordinary High Water Level (OHWL) Determinations" , by John
Scherek and Glen Yakel, Technical Paper No. 11, Minnesota Department of Natural Resources
Division of Waters, June 1993 was used for this analysis.
In this method, the Ordinary High Water (OHW) Mark or elevation is delineated at the highest
water level that has been maintained for a sufficient period of time to leave evidence upon the
landscape, commonly the point where the natural vegetation changes from predominately aquatic
to predominately terrestrial.
The OHW is a line of equal elevation surrounding a non - sloping wetland basin such as these on
the Kulhanek property. The best evidence for the OHW is as follows:
A) Tree evidence - alignment of trees at a relatively uniform elevation with other indicator
trees in undisturbed areas in close proximity to the basin.
B) Water- formed evidence - items such as ice ridges or water stains'are considered here.
C) Other vegetative evidence - this vegetative evidence is usually in the form- of Obligate
Wetland Plant Species beginning to dominate plant layers at the OHW elevation.
2477 Shadywood Road Excelsior, MN 55331
(952) 471 -1100 (Office). (952) 471 -0007 (Fax)
Lec uY U uY:cIP avocoaa tcol.K esources (9521 471 -0007 P,
Results and-Discussion
Both basins had a OHW that was relatively simple to determine based on all three factors noted
above. Stakes were driven into the ground at the OHW level which were marked "Wetland Basin
#_, OHW ". The stakes also had blaze orange "wetland boundary" flagging on them. A local
surveyor was to record the OHW elevation which was the elevation at which stake was
driven into the ground.
Basin 1 OHW Determination
Basin 1 is a Type 4 deep marsh with semi - permanent flooding hydrology (PEMF). The OHW
was near a group of 2" DBH quaking aspen trees which were growing just above an area.
dominated by sedges approxomately 6 =8" above the current water level.
Basin 2 OHW Deter mination
Basin 2 is a Type 2 Wet Meadow with saturated soil hydrology (PEMB). The OHW was near a
1" DBH black willow tree that had sedges below and a Western Thimbleberry (Rubes
parviflorus, FACU +) growing just above. Other trees. such. as. Cottonwoods and Quaking Aspens
were also growing at or near this elevation which was 6 -8" above the current frozen ponded
water surface.
Recommendations
SER recommends that the city observe the established OHW elevations for use with their
ordinance which requires building floors to be 3 feet above the high water level of the basin.
Also, SER recommends that roof water be -guttered away from Basin 2, and that a retaining wall
be constructed above the west encroachment of the new building above the vietland, and that
shrubs be planted in a step fashion to provide some buffer between the wetland and the building
near Basin 42.
Thank ou for e Y � opp to provide wetland services to you on this important project.
Please call meat (952) 471 -1100 if I can answer any questions on this project.
Sincerely,
Svoboda Ecological Resources
Wayne E. Jacobs , PSS, PWS Franklin J. Svoboda, CWB, PWS
Biologist President
��N�IT
cc: Ms. Alyson Morris, City of Rosemount ESp ESo
Mr. Rick Pearson, City of Rosemount * AC E E .
30611
ST. PAUL, MN
L Sol%-
4
FL1'DINGS
The Board of Appeals and Adjustments and the City Council, upon appeal, must find as follows
in the granting of a variance from this ordinance:
I. Granting a variance will not adversely affect the public.health, welfare and safety and Hill
not be detrimental or injurious to property or improvements in the neighborhood.
?. Strict interpretation or enforcement would result in a practical difficulty or unnecessary
hardship inconsistent with the intent of this Ordinance and the Comprehensive Guide
Plan.
There are exceptional or extraordinary circumstances or conditions applicable to the
property, use or facilities that do not apply generally to other properties in the same
district.
'. Strict or literal interpretation would deprive the applicant of the use and enjoyment of his
property in a manner similar to other owners in the same & - trict.
Granting of the variance will not allow a use which is othemise not a permitted use in t
zoning district in question.
f
CITY OF ROSEMOUNT
AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE
FOR
2003 CHIPPENDALE AVENUE /CSAH 42 RECONSTRUCTION
CITY PROJECT #344
STATE OF MINNESOTA )
COUNTY OF DAKOTA )ss.
CITY OF ROSEMOUNT )
Linda Jentink, being first duly sworn, deposes and says:
CITY HALL
2875 — 145th Street West
Rosemount, MN
55068 -4997
Phone: 651.423 -4411
Hearing Impaired 651- 423 -6219
Fax: 651- 423 -5203
I am a United States Citizen and the duly qualified Clerk of the City of Rosemount, Minnesota.
On March 31, 2003, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street
West, and on March 31, 2003 deposited in the United States Post Office of Rosemount, Minnesota,
copies of the attached notice of public hearing regarding the proposed Improvements to 2002
Chippendale Avenue and CSAH 42 Reconstruction, enclosed in sealed envelopes, with postage
thereon fully prepaid, addressed to the persons listed on the attached listings at the addresses listed
with their names.
There is delivery service by United States Mail between the place of mailing and the places so
addressed.
X'' I
Linda Jentink, Clerk
City of Rosemount
Dakota County, Minnesota
Subscribed and sworn to before me this 3 1 5"r day of March, 2003.
"' 1
CITY OF ROSEMOU NT
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING ON IMPROVEMENTS
2003 Chippendale Avenue and CSAH 42 Reconstruction
(between 151 Street and 145' Street)
City Project 344
CITY HALL
2875 — 145th Street West
Rosemount, MN
55068 -4997
Phone: 651 - 423 -4411
Hearing Impaired 651.423 -6219
Fax: 651 -423 -5203
NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount will conduct a
public hearing at 7:30 p.m. or as soon thereafter as possible, on Thursday, April 17, 2003, in the
Council Chambers at City Hall, 2875 145 Street West, Rosemount, Minnesota.
This public hearing is being held to consider the 2003 Chippendale Avenue and CSAH 42
Reconstruction Project, City Project 344. The project consists of reconfiguring the intersection of
CSAH 42 and Chippendale Avenue from south of 151 Street to 145` Street. The proposed
improvements consist of a new signal, additional right turn lanes on CSAH 42, a center median on
Chippendale Avenue, curb and trail replacement where necessary, new side -walk along the east side
of Chippendale Avenue and widening of Chippendale Avenue between CSAH 42 and 145 "' Street.
The total estimated cost of said improvements is $1,882,500.
The area proposed to be assessed for the foregoing improvements would be all that area generally
described as: Parcel Identification Numbers 34- 03010 - 010 -85; 010 -95; 020 -95; 030 -95; 34- 03800-
100-12; 34- 15209- 180 -01; 060 -03; 070 -03; 34- 47501- 020 -01; 34- 62800 - 110 -01; 110 -02; 34- 62801-
120-03; 130 -03; 140 -03; 150 -03; 160 -03; 170 -03; 34- 62802 - 060 -03; 070 -03; 080 -03; 090 -03; 34-
62853- 010 -01; 080 -01; 090 -01; 010 -02; 34- 62854- 030 -01; 040 -01; 050 -01; 060 - 01;070 -01; 34
62855 - 010 -03; 020 -03; 030 -03; 34- 62856- 010 -02; 020 -02; 030 -02; 040 -02; 050 -02; 34- 62857 -010-
01; 020 - 01;030 -01; 34- 62858- 010 -01; 34- 64630 - 040 -01; 34- 71150 - 012 -01 all as recorded in the
City of Rosemount, Dakota County, Minnesota.
Comments will be taken from persons desiring to be heard with reference to the above hearing item.
Written comments will be accepted up to the time of the hearing and will be included in the
discussion at this hearing.
Dated this 20 "' day of March, 2003.
Linda Jentink, Cit Jerk
City of Rosemount
Dakota County, Minnesota
Auxiliary aids and services are available - Please contact the City Clerk at (651)322 -2003, or TDD N.
(651)423 -6219, no later than April 14, 2003 to make a request. Examples of auxiliary aids or services may
include: sign language interpreter, assistive listening kit, accessible meeting location, etc.
Mailing List for
2002 Chippendale Avenue and CSAH 42 Reconstruction
City Project 344
P.I.D. NUMBER
PROPERTY OWNER AND ADDRESS
34- 64630 - 040 -01
Lucy B Carlson, Chippendale Center, % United Properties, 3500 W 80 "' Street, Suite 200, Bloomington, MN
55431
34- 71150- 012 -01
34- 47501- 020 -01
Lyndale Terminal Co, Holiday Convenience Store, P O Box 1224, Minneapolis, MN 55440
Rosemount National Bank, 15055 Chippendale Avenue, Rosemount, MN 55068
34- 03010 - 010 -85
34- 03010- 010 -95
Vernon R. Kelley, SuperAmerica -Dodd road, 7930 Pleasant Ave S, Minneapolis, MN 55420
Glen - & lone Uitdenbogerd, 14625 Chippendale Avenue, Rosemount, MN 55068
34- 03010- 020 -95
Eric A & Jennifer K Heim, 14645 Chippendale Avenue, Rosemount, MN 55068
34- 03010- 030 -95
Fred Uitdenbogerd, 14540 Dodd Blvd, Rosemount, MN 55068
34- 03800 - 100 -12
City of Rosemount, 2875 145 Street W, Rosemount, MN 55068
34- 15209- 180 -01
Joseph J LaBonne, 3514 147`'' Street W, Rosemount, MN 55
34- 15209- 060 -03
Lynn A. Flaten, 3516 146' Street W, Rosemount, MN 55068
34- 15209- 070 -03
Eugene T & Cindy Stiles, 3515 147 " Street W, Rosemount, MN 55068
34- 62800 - 110 -01
Gueorgui & Sefka Kamenski, 3505 148" Street W, Rosemount, MN 55068
34- 62800 - 110 -02
Dennis & Elizabeth Gottsch, 3506 148 "' Street W, Rosemount, MN 55068
34- 62801 - 120 -03
Todd M & Mary E Sterry, 14850 Chorley Avenue, Rosemount, MN 55068
34- 62801 - 130 -03
Curtis R Coburn, 14866 Chorley Ave, Box 42, Rosemount, MN 55068
34- 62801 - 140 -03
Morris & Nancy L Mueller, 14876 Chorley Avenue, Rosemount, MN 55068
34- 62801 - 150 -03
Michael C Olson, 14884 Chorley Avenue, Rosemount, MN 55068
34- 62801- 160 -03
34- 62801- 170 -03
LaFayette & Evelyn L Poole, 14892 Chorley Avenue, Box 334, Rosemount, MN 55068
Todd Lonso Poindexter, 14898 Chorley Avenue, Rosemount, MN 55068
34- 62802 - 060 -03
34- 62802 - 070 -03
William A & Sherri J Weber, 13552 Lynn Avenue S, Savage, MN 55378
William A Weber
34- 62802 - 080 -03
William & Sherri Weber
34- 62802 - 090 -03
A C Broback LTD Ptnshp, % Dolores C Broback, 10341240' Street, Lakeville, MN 55044
34- 62853- 010 -01
Regina R Rahn Riegert, 3450 145 Street W, Rosemount, MN 55068
34- 62853- 080 -01
Kathleen M Elizabeth & John J Winters, 3465 146" Street W, Rosemount, MN 55068
34- 62853- 090 -01
34- 62853- 010 -02
34- 62854- 030 -01
34- 62854- 040 -01
Edwin & Kathleen R. Tousignant, 14530 Chippendale Avenue, Rosemount, MN 55068
Kenneth E Schug & Sheri L Schug, 3460 146' Street W, Rosemount, MN 55068
Steven & Ramona Murphy, 3435 Lower 147 Street W, Rosemount, MN 55068
Ronald J & Sally Revolinski, 14655 Chili Avenue, Rosemount, MN 55068
P.I.D. NUMBER
PROPERTY OWNER AND ADDRESS
34- 62854 - 050 -01
Charles J & Kathleen Allford, 14665 Chili Avenue, Rosemount, MN 55068 `
34- 62854- 060 -01
Cynthia J Dahlberg & Scott M Nelson, 14675 Chili Avenue, Rosemount, MN 55068
34- 62854- 080 -01
Kevin D & Mary Anne Giles, 14685 Chili Avenue, Rosemount, MN 55068
34- 62855- 010 -03
Danny D & Christine Dayton, 14705 Chile Avenue, Rosemount, MN 55068
34- 62855- 020 -03
Paul & Linda Finkenhoefer, 14715 Chili Avenue, Rosemount, MN 55068
34- 62855- 030 -03
Carl G & Cherlyn Dahlberg, 14725 Chile Avenue, Rosemount, MN 55068
34- 62856- 010 -02
Stacie L Zamora & Tim J Holzer, 14745 Chili Avenue, Rosemount, MN 55068
34- 62856- 020 -02
William A Broback, 12507 Dorchester Ct, Apple Valley, MN 55124
34- 62856- 030 -02
Donald G & Kristine Gonsior, 17895 Ixonia Avenue, Lakeville, MN 55044
34- 62856- 040 -02
Steven H Olson, 453 Owasso Hills Dr, St. Paul, MN 55113
34- 62856- 050 -02
Henry G Broback, 4281 143' Street W, Rosemount, MN 55068
34- 62857- 010 -01
Dale & Glen Haefs, 3465 Upper 149 "' Court, Rosemount, MN 55068
34- 62857- 020 -01
Johnny L Fidelman, 3447 Upper 149 " Court, Rosemount, MN 55068
34- 62857- 030 -01
Walter P & Deborah White, 3441 149 Court, Rosemount, MN 55068
34- 62858- 010 -01
Fairfax Construction Co & Henry W Broback, Chippendale Office, 14378 Embry Court, Apple Valley, MN
55124
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WS Project No. 01339-002 Date: March 20, 2003
4150 Olson Memorial Highway CSAH 42 & CHIPPENDALE AVENUE RECONSTRUCTION PROJECT City Project No.
Suite 300
��/ /A SB MinneajW8lbdftMW
7e3- 541 -1700 PROJECT ASSESSMENT LOCATION MAP Fi Number AssocmMs 1— FAX 76 &541 -1700
Rosemount. Minnesota
® MA
r,
MEMORANDUM
TO:
FROM:
DATE:
RE:
Honorable Mayor and City Council Members
Jamie Verbrugge, City Administrator
Andrew J. Brotzler, P.E., City Engineer
April 15, 2003
Chippendale Avenue Public Informational Meeting
City Project No. 344
On April 9, 2003, City staff and representatives from WSB & Associates, Inc. hosted a public
informational meeting for the proposed Chippendale Avenue Street and Utility Improvement
project. Property owners adjacent to Chippendale Avenue between CSAH 42 and 145` Street
were notified of the meeting. Below is a summary of the comments and questions received, and
where appropriate, responses to the comments and questions.
1. Will the overhead utility lines be buried underground?
Private utilities are located within the street right -of -way be permit. Relocation of these
utilities that are necessary due to City improvements are completed by the individual utility
companies at their expense. However, the City does not have the ability to require the utility
company's to relocate overhead facilities to underground facilities. Should the relocation of
overhead facilities to underground facilities be identified as a priority for the project, the City
would need to request that of the utility company's and could expect to incur additional
project cost for the relocation of these facilities from overhead to underground.
2. Why is the City proposing to construct a sidewalk on the west side of Chippendale Avenue
and who will maintain the sidewalk? Why does the City mow the boulevard along the east
side of Chippendale Avenue but not the west side?
As Chippendale Avenue is a collector street, City policy is and has been to construct both
concrete sidewalks and bituminous trails along collector streets when it is feasible to provide
safe pedestrian access throughout the City. Also, the construction of dual pedestrian facilities
along this segment of Chippendale Avenue has been identified on the City's Pedestrian
Facility Improvement plan.
The City, based on current practice would complete the snow removal for of the proposed
sidewalk and trail along Chippendale Avenue. With regards to City mowing of the
boulevards, this is a policy item that could be considered by Council.
G:\ENGPROJ\344\councilmemo.041103.doc
3. The widening of Chippendale Avenue from two lanes to three lanes is being proposed to
accommodate traffic generated by the high school and will result in the road becoming a
speedway.
Based on the projected traffic volumes for Chippendale Avenue, the widening of
Chippendale Avenue to three lanes with a center turn lane is justified.
4. Chili Avenue was not intended to serve as an access to the high school and in the past
there was an emergency access gate on Chili Avenue at the driveway to the high school
that prohibited access to the high school at that location. This emergency access gate
should be installed and traffic to and from the high school directed to TH 3 with a signal
being installed on TH 3, similar to the Burnsville High School access on TH 13.
In response to this comment, there are no records to indicate that an emergency access gate
was installed at this location any time in the past. At one point, there were discussions
regarding the installation of an emergency access gate but no action was taken. It was noted
that this issue is certainly something that the City could consider requesting the school
district to review with Mn/DOT regarding the installation of a signal system on TH 3 at the
access to the high school. A review of this item would need to consider the impact the
redirection of traffic from Chili Avenue to TH 3 would have on the intersection of TH 3 and
145 th Street.
The redirection of high school traffic from Chili Avenue to TH 3 could have an impact on the
existing and projected traffic volumes for Chippendale Avenue.
5. The City installed a storm sewer catch basin in my rear yard and during rainfalls; storm
water backs up in the system and into my yard.
Should Council authorize the preparation of plans and specifications, this item would be
addressed during final design and a determination made regarding the feasibility of resolving
the issue.
At the meeting, comment cards were provided for property owners to submit written comments
regarding the project. A copy of the comment cards received to date is attached along with a
copy of the sign -up sheet. Should additional comments be received prior to the public hearing
for the project on April 17 they will be provided to Council prior to the meeting.
Should you have questions prior to the public hearing, please do not hesitate to contact me.
G:\ENGPROJ\344\councilmemo.041103.doc
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CHIPPENDALE AVENUE AND CSAH 42
�+ f STREET IMPROVEMENT AND APPURTENANT WORK Date 41912003
City of Rosemount, Minnesota Location Rosemount City Hall
' City Project No. 344
Name ,- / Phone ( o�i -)) a.
Address /�s� 4---7e2 e—
City v�� �� State 14/4 Zip ? g
Comment-
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Ione Uitdenbogerd 651- 423 -2996 email IoneUit@Charter.net
p ,f
14625 Chippendale Avenue, Rosemount, Minnesota 55068
WORK `
Date 4%9/2003
(1)We have been living at our home for 40 years and during this time have watched the traffic going past our house ... it has not changed that much.
The thrust of the traffic is still the same ... i.e. people are taking their children to school, teenagers driving their cars to and from the highschool whet
school is in session and other times when there happens to be any school activities. School traffic is what makes Chippendale going North busy!
(2) Going to the expense of tearing up /making Chippendale a 3 -laned road is not the answer. Chippendale is only 1/4 mile long and it will be th
only other road that wide and that is Hiway #3. 145th is two lane (42 ft wide), Chili is two lane (32 ft wide) and the school access road is two lane
(24 ft wide) . The narrow road leading down the hill to school was constructed for the purpose of a fire /emergency road. Years ago the school
started using it for school buses only, and now everyone uses it for access to /from school. I am wondering if this is a legal access /exit beside all
those buses going through a residential neighborhood? A simple solution to the traffic on Chippendale would be to close the access road to the
highschool for emergency vehicles as it was intended to be, and to put in traffic lights on Hiway #3 to take care of school traffic (it could be on a
timer). Burnsville School District adopted such a thing on Highway 13, why can't we do it also?
(3)I don't agree on the 20 year projection of increased traffic usage on Chippendale because:
1. Eliminate school traffic and there is no traffic to speak of.
2. There is no room to build additional homes in Rosemont who would use Chippendale.
3. Rosemount Elementary, Middle School, Highschool attendance is down. I see new schools being constructed in the newer areas and
Rosemount eventually being empty or outdated.
4. Our "downtown" area is a joke! There is no traffic pass Chippendale to downtown area. Our "downtown has moved and is getting a
new start on county road 42! That's why we have so many downtown businesses standing empty!
5. Chippendale is a road going nowhere ... to the highschool. To make it wider would only make the teenagers driving more reckless than
they are now ... They will be in two lanes trying to beat each other ... at least now, they have to stay behind each other. A wider road will make them
pass each other, and more fender - benders for the police to take care of
6. We also were told at the meeting there would not be any parking on Chippendale. This would be the only street in Rosemount that does
! not have parking on the street and it would be as wide as Highway #3. What do you think the traffic on this street is? I do not think you are doing
your homework... someone is giving you the wrong answers.
CHIPPENDALE AVENUE ONLY NEEDS TO BE RESURFACED AND A RIGHT HAND LANE MADE AT THE CORNER OF
CHIPPENDALE AND COUNTY ROAD 42. THE WAY THE ECONOMY IS, IT IS LUDICROUS TO SPEND ANY MORE MONEY AT
THIS TIME THAN IS NECESSARY.
8.
MEMORANDUM
TO: Honorable Mayor and City Council Members
Jamie Verbrugge, City Administrator ^
FROM: Andrew J. Brotzler, P.E., City Engineer
DATE: April 15, 2003
RE: Supplemental Information for Regular Council Meeting, April 17, 2003
Chippendale Avenue /CSAH 42 Street & Utility Improvements, C.P. # 344
Agenda Item 8
Please find attached a preliminary assessment roll and exhibit for the Chippendale
Avenue /CSAH 42 Street & Utility Improvements project. The proposed assessments for the
properties located along Chippendale Avenue south of CSAH 42 are based on Option 1 as shown
in the feasibility report. The proposed assessments for the residential properties located along
Chippendale Avenue north of CSAH 42 are based on the current street assessment rate shown in
the Schedule of Rates and Fees for 2003.
Also attached is a memorandum with attachments summarizing the public informational meeting
conducted on April 9, 2003.
Should you have questions, please do not hesitate to contact me.
G:\ENGPROJ\344\councilmemo2.041503.doe
Preliminary Assessments
WSB Project: Chippendale Avenue
Project Location: Rosemount, Minnesota
WSB Project No: 1399 -003 Assessment / Lot $2,295.00
Assessment / Foot $118.48
Parcel
Fee Owner
Edwin & Kathleen R. Tousignant
Fee Owner Address
PID
Frontage (ft)
Assessment
1
14530 Chippendale Ave.
34- 62853- 090 -01
na
$2,295.00
Rosemount, MN 55068
I
2
iFred Uitdenboged
14540 Dodd Blvd
34- 03010- 030 -95
na
$2,295.00
i
Rosemount, MN 55068
3
!Glen & Ione Uitdenbogerd
14625 Chippendale RR 4
34- 03010 - 010 -95
na
$2,295.00
i
Rosemount, MN 55068
— -
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4 iEric
A & Jennifer K Heim
14645 Chippendale Ave.
34 03010-020-95
na
$2,295.00
Rosemount, MN 55068
- --
5
(Rosemount National Bank
-
15055 Chippendale Ave.
- - - -- - -
34-47501-020-01
365
$43,245.20
i
Rosemount, MN 55068
6
Lyndale Terminal
P.O. Box 1224
34- 71150- 012 -01
208
$24,643.84
Holiday Convenience Store
Minneapolis, MN 55440
i
34- 64630 - 040 -01
7
Lucy B Carlson
3500 W 80th St. STE 200
208
$24,643.84
Chippendale Center
FBloomington, MN 55431
% United Properties
Total 781 $101,712.88
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CITY OF ROSEMOUNT
SUPPLEMENTAL AGENDA MEMO
APRIL 16, 2003
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: APRIL 17, 2003
f
AGENDA: Appeal of Board of Appeals & Adjustments
AGENDA SECTION:
Denial of Variance — 12355 Blanca Ave.
Public Hearing
PREPARED BY: JAMIE VERBRUGGE, CITY ADMINISTRATOR
AGENDA NO: 7
ATTACHMENTS: REQUEST FOR CONTINUANCE
1
APPROVED BY:
11
The attorney for the applicant has requested a continuance of the Public Hearing to May 6, 2003.
It is staff's recommendation to open the Public Hearing, take comments from any interested persons that may be
in attendance expecting the opportunity to speak, and then to continue the Public Hearing.
RECOMMENDED ACTION:
Open the Public Hearing and continue to May 6, 2003.
COUNCIL ACTION:
s
ROBERT M. MSCLAY
BRIAN D. ALTON *
*Also Licensed in Wisconsin
April 11, 2003
VIA FACSIMILE AND UNITED STATES MAIL
The Honorable William H. Droste, Mayor
City of Rosemount
2875145 th Street West
- Rosemount, MN 55068 -4997
Re: Variance to Accessory Structure Standards
Michael Kulhanek 12355 Blanca Avenue
Dear Mayor Droste:
951 GRAND AVENUE
ST. PAUL, MN 55105
FAX 651/290 -2502
e-mail: law@mcclay-alton.com
651/290-0301
Our office represents the applicant Michael Kulhanek. On behalf of Michael
Kulhanek we request that the appeal of the determination of the Planning
Commission be continued until the council meeting on May 6, 2003. We
appreciate this consideration.
Very truly yours,
Brian D. Alton
B DA/sks
'dc: Jamie Verbrugge, City Administrator
cc: Rick Pearson, Community Development Director
WCLAY • ALTON, P.L.L.P.
ATTORNEYS
April 12,2003
Mr. Bill Droste, Mayor
Council Members
City of Rosemount
2875 145' St W
Rosemount, MN 55068
Dear Mayor and Council Members:
As we are unable to attend the meeting of the City Council on April 17, 2003, we are
writing this letter asking for the denial of Mr. Mike Kulhanek's appeal for variances to
build the 30 x 36 foot garage with loft at 12355 Blanca Ave W.
We live at 12365 Blanca Ave W. adjacent to Mr. Kulhanek's property on the south and
west. We are very concerned that any filling of the wetland and the subsequent change of
water level and storm water runoff would greatly impact our and other properties in the
area. Would there be any effect on septic systems, either Mr. Kulhanek's or others in the
vicinity?
Mr. Kuihanek was to have provided a surface storm water outlet from the west wetland
prior to his being issued a building permit for his house. He was issued the permit to
build only his house, but now, even after more than two years, this requirement has not
been met.
In February 2001, at great expense, Tracy Dougherty, Jeff and Maggie Nelson, Kurt and I
hired a hydrologist, Steven M. Klein, from Barr Engineering in Minneapolis who did an
extensive study of the area. His findings contradict statements made by Mr. Kulhanek
and his lawyer at the meeting of the Planning Commission on March 11, 2003 regarding
the effect the garage would have on the wetland and surrounding neighborhood. These
findings were based on the original smaller garage plan. Mr. Klein went so far as to
suggest we purchase flood insurance if a permit was granted to build the garage. A copy
of Mr. Klein's report is enclosed for reference.
In a press release prior to the last election, Mr. Droste indicated that if elected Mayor, he
would ensure Rosemount would hold builders to standards that would not adversely
impact adjacent properties. We trust that that is still the intent of the Mayor and members
of the City Council.
Very truly yours,
7 . Schneider Kurt
Betty Ann Schneider
Enclosure
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