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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: .ql A.-S P-1 P".- App i t l 6 bow ZNVMHOS - H UM-lao ZNVMH�; E•4130 ad H71 1 . VIE le— 1 io M.00.9p.88N c i V islet ]AV V3NV b io� � I N' H n \/>,,, -71 �,, i N �oJ d H D i - :]l � S 3.8E,65.68N LE'EL end dJNd I VB Z V ti n N H S j j 2b rLti 9 � ��. r ' �•9S' • 05T 0 / I / 1..DM3AId0 0 SrONIWrlIB rJSOdOdd -iS Odora. tr &V o eS .St o� dd13W �V9 Xobddv ti ON ONV7i�M a � V / a ON ONV�13M / JI • I 5 10� v 101 M.zb,S>y.89N 00'62T 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. A l , w rn . rn �o rn n m 24' 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 X2.1 �\,2 4 SCALE: 1 INCH - 40 FEET 91.6 T 91�. 9 91.0 I 92 1 911.6 t 92�. 3 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 T CN CIKV713M 2 19 10 ------------- M.2p.91'.29.4 01 DE �:)N! is�m - ]AV VDNV � io� N NVH HOA NV_1d H317NS j. - tQ. NA 107 Cu , 4. T CN CIKV713M 2 19 10 ------------- M.2p.91'.29.4 01 DE �:)N! is�m - ]AV VDNV � io� N NVH HOA NV_1d H317NS j. 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 r1 O 0 N V d' O C O� N N N N N O N O N O O O 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 OopIs77 2 INPV - IgjV- £060b01s8u:IaONy 1, l J loo 6" J i R9 �P- E L ° A -/-5 ,66-r" £� — '.s� ),3- -� - 3 N o auogdalal ssadppv aural ;s �si7 aaun�ua��� i Toot' Y"fnp saupa� r ur d" 0 �K �' n�nsazruTy'�unt�tuasv?I� 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- t 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 — - j - ----------- 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 L jagwnN 9m6id � I ulosouuiN 'junouzasog adiv NToiidDoII .r.u:Ilvsslssv i)Icoua 1.Dal"oxa &TOUDnaisu03aa 31w3AV azV(Iuaaaix:) V zr ilvsa 101 aid 03SS3SSV 100A 1N0W 83d 03SS3SSV S31183d02fd 03SS3SSV 1 0 � :1=11t— .ww SSA4 u w x n.o�ry row:. v i raw � 3 68 R3ddIFFJ O LJ I— r , 1 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 k - vnt - 7 - 4 c-- vi)j � bTAV I IV - M i 1 E i 1