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HomeMy WebLinkAbout7. Appeal of Board of Appeals & Adjustments: Kulhanek Denial of Variance for 12335 Blanca Avenue WestCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: May 20, 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 ATTACHMENTS: Survey &Setbacks, Engineering memo, PC APPROVED BY: / Minutes (3 -11; 2 -25; 1- 25 -03), Background J/ information, Findings Applicant & Property Owner: Michael Kulhanek Location: 12355 Blanca Ave. Zoning District & Comp Plan Land Use: Rural Residential Area in acres: 1.01 Note: Lot area variance previously granted in 2001 for construction of the house (principal structure). Nature of request: Variance to setbacks for construction of accessory structure Front yard setback Side yard Rear yard Standard 40 feet 30 feet 30 feet Request 27.66 ft. 17.99 ft. / 10 ft. 15.53 ft. Variance 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 May 6, 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: - 2('7 - J�o - '�ffl P -�M -41 F --I xv p --.d- �!p A. P-�.A V, Pn .d 'A— ..M wro Ap-, Aq" I _ * SZ98 — �; *� ZNVMHOS'H blVV4130 aui o,, 5.,rCjne s3 nor :•etE = i� r' r 4' e 3.OE.69.6BN LE"Et ON GNV 1 0-1 67 '33 OE Ililj is�m ]AV VDNV 2p 09; cc - fie: N 1P, t7 10 � �I I H - 1 d �,, -] \ I N' Hd NV d H31d�Sj 3.86i65.69N LE'EL 1S�M ]Ad dDNV�g � • j, ��•O5j 0 `�•��� b ' • 9 99 �` �O�r O S 1VMJAId4 a 'O i O S .ON W r rt I 1 soda ed i b71�W �V9 'Xobd6v o � �tiI1SIy� U ON ONV710M U 'ON O ONV-11.1M ova ti� 4e v 10 �l M•z�,Sb 00'6Zt 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 properly 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. 3. 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. 5. Granting of the variance will not allow a use which is otherwise not a permitted use in the zoning district in question. 'T1 r �l7 f F r . m �v 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 WETLAND CONSERVATION ACT CERTIFICATE OF EXEMPTION OR COMPLIANCE OR NO LOSS* 1 City of Rosemount 2875 145' Street West osemount, MN 55068 TTN: Ms. Alyson Morris Mr. Mike Kulhanek a 19739 Coates Boulevard, Hastings, MN 55033 (6511848-2783 (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, RI 9W. City of Rosemount Dakota Co unt_ (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. (Ag(Ag i�ture) Aa�l I (LGU Offi al Signature) (Dated) cezff l (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 Minnesota Statutes, Chapter 103H APPLICANT NEEDS GRADING PERMIT AND <flOES NOT. PFRMIRRION FROM THE 4 4 % 1 TO C nIu1ti1ENC E GRADING' %. ri 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. U 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.leveLwill inundate. a, _odioa-oL --,tz ntiG.ffejrj G' uildin fficial Mick - 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 U 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.leveLwill inundate. a, _odioa-oL --,tz ntiG.ffejrj G' uildin fficial Mick - 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 92.3 �2. 1 4 SCALE: 1 INCH e 40 FEET 91.6 9T 0 91.9 91.0 f 911.6 92.3 0� L14 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, OAKWOOD ESTATES, according to the recorded plat thereof, Dakota County, Minnesota. Dated: November 7, 2000 SKETCH PLAN FOR IM I KEH K U L H A N E K - N I SC%�E. INCA 30 ; EET 129.00 N88'45'42 LOT 4 LOT 51 WE "_11JU j, 2, 30 I WEILAND NO. I 4� - 0- T150* 82. 0 6 BLANCA AVE. WEST 71 17 NA7' 59'3A jf)C. c =' , E ,. . acc.-rza-mg to tne �r J- f ���� �NNESp'"'n DELINAAR H. SCHWANZ DELMAR H. SCHWANZ III— . T In l a If..­T 11, vl � 8625 SLI—EYOR S CERTIF,CATF suRIqI -- "by — a y di—t ..—= /. - . dwy Lk-,.d Iw S­Y. ',mw IM am M I IM 5.. d Mj—. 14/ 0 9 - 0 7 7 DW—H. 3.�— Ml— U.— X., 3= i "i,+ ei .bbl 14:44 FR HHRR 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 BARR Minneapolis, MN - Hibbing, MN • Duluth, MN - Ann Arbor, Ml - 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 merino 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, and 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. Kleln 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 100 -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 problems 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 surface 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. MR -R 01 2001 14:42 FR BARR ENGINEERING 952 632 2601 TO 96514235203 To: Residents, Oakwood Estates From: Steven M. Klein Date: February 29, 2001 Page: 3 Issue 2 — A clear understanding of the critical 100 -year flood level for Wetland #1 has not been developed. If Wetland #2 were to outlet by pine to Wetland #1, will the 100 -year flood level at Wetland 01 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 #1. 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: a 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 completel filled illed It is my understanding that Mr. Kulhanek mentioned 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 (LGLI), 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 accommodate 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.c m U D M ASP CDO MDOCS \22423 3 U ** TOTAL PAGE.05 ** SVOBODA ECOLOGICAL RESOURCES '. Providing the Sharper Edge in Natural Resources & Environmental Consulting ' t ary 12. 2001 Mr. Mike Kulhanck 19739 Coates Boulevard I [astinul S. hIN 550 3 3 RE: SER Project Name: Klllhanok Parcel SER Project No: 2000- 0(,6 -Q3 Project Location: A portion of the SE 1/4 of NE l.4 of Section 17. TI 15N. R19W. City of Rosemount, Dakota County. Minnesota Project Description: Historical Aerial Photography and Correlating, Rain Data Report Dear Nlr. Kulhanek: As requested, Svoboda Ecological Resources (SER) performed •a historical aerial photography analysis and correlated") months of prior precipitation data from the Rosemount. INlinnesota location vvith each photograph. Below are data tables which assist us in analyzing our data: Table 1. 2t E) Areeip�ta #�Ba aEa Y chest i'or Rr�setn�r�tsi# eta #�p� Month Average' Observed" Deviation January I d.06 1.44 +0.38 February I 0.94 1.14 10?0 March I 2.13 1.24 -0.89 April I 2.87 1.69 -1.18 May ( 3.92 5.13 +1.21 Jtine 4.31 4.29 =0.02 July 4.03 9.07 Aueust ( 3.97 3.13 -0.84 September 3.56 0.56 -3.00 October 2.56 1.12 -1.44 November I 1.84 4.06 =2?2 December 1:23 1.61 1038 Year to Date: 32.42 34.-18 =2.06 bases on a jo -vear a•:eraLe (1961 - 19 Numbers in italics refer to drier than no=,a1 months. Numbers in bold refer to -er%r than normal months. 2477 Shad wood Road - Excelsior, MN 55331 (952) 471 -1100 (Office) - (952) 471 -0007 (Fax) Table 2. Month 30% Chance 30 Chance Lower Bound" Upper Bound — January 0.52 1.29 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 3.13 November 0.82 2.14 December 0.70 1.50 Annual �7.91 - 2 35.36 %- aiculateu o Ntt%-3 ana oasea on a .)u - %ear average (1961- 1990). All values between the two bounds indicate normal precipitation for that month. Monthly precipitation values < the 30 1 , 1 0 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 avera data. This data is available from http : / /www.wcc.nres.usda.gov /water w_clim.html, the Water and CIimate Center of the USDA NRCS. 2 Historical Aerial Photo Review and Correlating Precipitation Data Historical aerial photographs maintained on file at the John Borchert iVtap Libran of the University of Minnesota, Minneapolis were studied. The years available included 1937, 1940, 1951, 1957, 1964, 1966; 1974, 1978. 1980, 1984, 1987, 1990, 1991 and 1997. The scales of the original photographs varied from 1:9.6Q0 to 1:20,000. Color photo enhancement: 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 %� is locai:d 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 7 - 7' 1 is on the east of the site. It appears Basin #1 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 , .vas available as of this early date. June 15, 1940 Photograph The area appears similar to that in the 1937 photograph. Basins #1 and -2 appear isolated from each other as in 1937. The size of the basins has not changed. No precipitation data was available as of this early date. July 23, 191 Photograph The area appears similar to that in the 1940 photograph. Basins 91 and - -"2 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 was 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 was not analyzed further for potential flooding. 3 August 14, 1957 Photograph The area appears similar to that in the 1951 photograph. Basins #1 and 42 appear isolated from each other as in 1 951. 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. 124th Street West and 125t Street West along with the Blanca Avenue cul -de -sac and street have been constructed. Basins #1 and #2 appear isolated from each other as in 1957. 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 was available 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 « 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 T2 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/Blanea Avenue Streets. Monthly precipitation data in inches was 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 now appear on the 1 Avenue Streets. Basins #1 and 42 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 r2 appear isolated. and the size of the basins has not changed. Monthly precipitation data in inches %vas 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 r2 appear isolated. and the size of the basins has not changed. Monthly precipitation data in inches %vas 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 r:'2 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 Dry 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 r:'2 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 92 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 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. 13 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 92 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 to normal in this case, the photographs might show larger wetland basins but they do not. April 17, 1987 Photograph The area appears similar to that in the 1984 photograph. Basins #1 and #2 appear isolated, and the size of the basins has not changed. 6 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 xvet to normal in this case, the photographs might show larger wetland basins but they do not. April 17, 1987 Photograph The area appears similar to that in the 1984 photograph. Basins #1 and #2 appear isolated, and the size of the basins has not changed. 6 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 vvet 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 `2 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 vvet 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 `2 are isolated, and the size of the basins has not changed. 7 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 they do not. April 13—V997 Photograph The area appears as it is today. Basin rl (east) and Basin #2 (west) are isolated, and the size of the basins has not changed from when photographs «ere taken back in 1937. Monthly precipitation data in inches was available and was as follows: Since the precipitation was mostly dry 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 review and correlating precipitation data, SER concludes that flooding has never occured in Wetland #1 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 when data began to be collected at the Rosemount Station 9217107. 8 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 dry 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 review and correlating precipitation data, SER concludes that flooding has never occured in Wetland #1 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 when data began to be collected at the Rosemount Station 9217107. 8 Another reason Wetland #I would not flood to the south, cast, or west arc the steep banks which contain it. The OI IW or Ordinary High 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. Kiilhanek's property, assuming it would all be runoff into Wetland 411 without infiltration (which could not occur), would result in the following surface water height added to the Wetland 91 as follows: ` 6925 sq ft = conservative area estimate of house, driveway, and outbuilding 6925 x .48')')'= 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 ivetland ;41, not enough for it to flood anyone on the east, south, west or north sides of wetland basin f 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) 471 -1100 if I can answer any questions on this project. Sincerelv. Svoboda Ecological Resources Wayne E. Jacobson, PSS, PWS Biolozist *,,�o � /( Franklin J. Svo Foda, PWS President cc: NIs. Alyson Morris, City of Rosemount I'vlr. Rick Pearson, City of Rosemount Attachments: Appendix A: Historical Aerial Photographs Appendix B: Precipitation Data for Rosemount Station 4217107 Appendix C: Surveyed Wetland Boundaries WAYN E. >/, JACOBSON 30611 f 9 y� ST. PAUL .IN hPIAL SOXL f ',.� V Dec 04 00 04:21p Svoboda Ecol.Rescurces (952) 471 -0007 p,2 SVOBODA ECOLOGICAL RESOURCES Providing the Sharper Edge in Natural Resources & Environmental Consulting December 4, 2000 Mike Kulhanek 19739 Coates Boulevard Hastings, MN 55033 RE: SER Project Name: Kulhanek Parcel SER Project No: 2000- 066 -03 Project Location: A portion of the SE 1/4 of NE 1/4 of Section 17, TI 15N, R19W, City of Rosemount, Dakota County, Minnesota Project Description: Establishing OHW Marks for two basins on the Kulhanek Parcel Dear Mr. Kulhanek: 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 Excelsi6r, MN 5533,1 (952) 471 -1100 (Office). (952) 471-0007 (Fax) L�u 1. RC_­�U UI_Ue5 Results and Discussion p.3 L zloC J It 11 - uuu / 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'the stake was driven into the ground. Basin I OHW Determ ination Basin I 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 Determination 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 (Rubus 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 wetland, and that shrubs be planted in a step fashion to provide some buffer between the wetland and the building near Basin #2. Thank you for the opportunity to provide wetland services to you on this important project. Please call me at (952) 471 -1100 if I can answer any questions on this project. Sincerely, Svoboda Ecological Resources ii �ff' Wayne E. Jacobs , PSS, PWS Biologist cc: Ms. Alyson Morris, City of Rosemount Mr. Rick Pearson, City of Rosemount Franklin J. Svoboda, CWB, PWS President �* WAYNS E. N JACOBSON 30611 ST. PAUL, MN FINDINGS The Board of Appeals and Adjustments and the City Council, upon appeal, must find as follon in the granting of a variance from this ordinance: 1. Granting a`variance will not adversely affect the public.health, welfare and safety and - "ill 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 othemise not a permitted use in thz zoning district in question. a Kulhanek Model Prepared by Emmons & Olivier Resources, Inc, Type 1J 24 hr Rainfall =6.00" Page 1 rtatta /9nm Subc atchment Ali: Contributing Area Runoff = 3.30 cfs 0 12.13 hrs, Volume= 0.249 of Rurlo+ff by SCS TR -20 method. UH- - SCS. Time apart= 0.00.50.00 hrs, dt= O.05 hrs Type II 24-hr Rainfali=6.00" Area (ac) CN Description -- 0.836 78 Tc Ler%M Slope Velocity Capacity Description 20.0 Direct Entry; overland -flat Suboatchment All: Contributing Area � Runoff Time (hou(s) Kulhanek Model 7`ype 11 24 -hr Rainfal1=6 00 Prepared by Emmons & Olivier Resources, Inc. Page 2 HydroCAND 8.00 stn 001392 U 1986 -2001 Applied Microcomputer Systems 05116f2003 Subcatchment Wet Area: Pond Water Surface Runoff = 0.93 cfs 0 11.90 hrs, Volume= 0,047 of Runoff by SCS TR -20 method, UH =SCS, Time Span= 0.00.50.00 hrs, dt= 0.05 hrs Type tl 24 -hr Rainfall=6.00" Area (sf) CN Description 4,259 98 Surface Te Length Slope Velocity Capacity Description (min) (feet) (ft/fl) {ft/sec) (cfs) 1.0 Direct Entry, Subcatchment Wet Area: Pond Water Surface Hydregraph Plot ll� r�,narr Y Time (hours) Kulhians Model Type Y 24-hr Rainfall=6. 00 " Prepared by Emmons & Olivier Resources, Inc. Page 3 HydroCADM 6.00 stn 001392 01986-2001 Applied Microcomputer Systems 0511612003 Reach EOF: Swale Outlet Inflow = 0.00 efs 0 0.00 hrs, Volume= 0.000 of Outflow - 0.00 cfs @ 0.00 hrs, Volume= 0.000 af, Men= 0%, Leg= 0.0 min Routing by Star- Ind +Trans method, Time Span= 0.00 -50.00 hrs, dt= 0.05 hrs Max. Velocity= 0.0 fps, Min. Travel Time- 0.0 min Avg. Velocity = 0.0 fps. Avg. Travel Time= 0.0 min Peak Depth= 0.00' Capacity at bank full= 6.93 cfa Inlet Invert= 72.50', Outlet Invert= 70.50' 3.00' x 1.W deep Parabolic Channel, n- 0.020 Length= 400.0' Slope= 0.00507' Reach EOF: Swale Outlet uydragmph Plat w time (hours) V9'Z 99'Z 19'Z 99'Z L9'Z OL'Z ZS'Z LS'Z (49I1su3) '1000 09' c 01 OZ1 00° i WO 09'0 0V0 OZ'0 0001) pnGH .JlaM minSum l Pa}* -D"sB W",0 x Buol ,0'S ,09'4L AlePuaaaS Z 006'0 = 860'0 =u .f, QK0'0 =6 ,0Z'04 =uaAul;+Ijno 00 6'0= 9 N 'lla*4w9u 0u '6uRo ud 'dw0 U*Al 6uai .0 't)VZ x ATL 02' LL �w!jd 6 -- SWIAes0:el3 O u$AUi ouljn # llGM aelnsue}aaa palswJ -powB-Z (aSaetps!Q �j) moldi� o Ampu;� — o vamnp- 6-3. (966 yosm ow.4) moy ;nq Ajoupd 1R8'8l 990'9 Z99 00'9L 691'ZL 8Z9'6 699'S 00'ft MI: I.96'Z 69Z'b 00"ZL 0 0 OOZ`la 0£' 6L {eel -olgno 1991 -opn0 >1 s 11001 wolS•wno ajols awy•line UOIWA013 suolpas o!wwsud 4q peurwi9;ep sewe pew► pue 96m1S (mogul 3 %66) le 96Z'0 J IO lel 1, 01M Ulw C'M L =gwlt U M01 - 4 - Snld 1 06C'b =86OX 9 .6Z'ZL =A913 Bleed Z I wU 90 *0 =lp `sill 00 "09 =uedS 9w►1'po41ew pul -aoIS Aq Stnanba 1e 000'0 =aAIMinA 'SJ4 00'0 sl=y 00 4 = AiepuoosS ,le r6Z'0 =etunlOA 'SAl 9CTL $J3 69' 6 = Alowud ugu 0•1.l. =r)vl %Eg =u94y '1e 962 =ewnloA 'wU 9B'Z6 @ 8 1 0 tq - ! _ Molpnp 1e 96Z'0 mOLUMPA 'sa►l ZVU D'SP ! VS _ MaGul Pu810M 490M :puel4GM Pad sow M10 swinsAS jaln w000rn!Vq ps!! Mr, E Q Z6E3C0 WS 00 9 9QVOOJP H 17 aced •oul 'sawrmell jelAll4 2 suotuw3 Aq peUlgdaad .00'9= #evl&d jy-pz it Sall 1$Iow )laue Kulhanek_Model Type ff 24-hr Rainfafl &Or Prepared by Emmons & Olivier Resources, Inc. page ,5 HydraCAD D 6.00 stn 001382 01986 -2001 Allied Microcomputer 24tems 05/1612003 Pond Wetland: West Wetland Hydrograph Plot 50 a t� Iftw s i�dMarry ■ se=a ry Y t1rm (hwri) p s 9 L :t R P ' Q�8UJ3M 1 INS AIk3A1NA D� s .•••••. + r� + w t M MwVlhr w».y .,�„� M ,� � �, 1 � � • wNe Rxf h!i �1R11nU �.++ ~ rn � w r 11b•�!•G tIWDMi11M�M3Nlr 14 R i J iq-tl•d0 QlOQr �Ilrt: 1NIlmi NVIO 39VNI i . A A L I J s +a s �. ;7 C> 6 4i S aWld 11L 39VNIVW 13381(1 ` Yro t l A Mt 4t u� 1 nv CITY OF ROSEMOUNT AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE FOR 2003 CHIPPENDALE AVENUE /CSAH 42 RECONSTRUCTION (between 151" Street and 145 Street) 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 May 8,200' , acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and on May 8, 2003 deposited in the United States Post Office of Rosemount, Minnesota, copies of the attached notice of public hearing regarding the proposed Improvements to 2003 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. Linda Jentink, Cti t Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this �� day of May, 2003. CM�Y DOI�MDEN � WMY 11tax - hRm OT II .,..; + W Carebsion E*ku Jan. 3t; , Public 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 Tuesday, May 20, 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 approximately 149 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 sidewalk along the east side of Chippendale Avenue. The project also includes the construction of new sidewalk along the east side of Chippendale Avenue from CSAH 42 to 145 Street and the milling and resurfacing of Chippendale Avenue from approximately 149 Street to 145 Street. The total estimated cost of said improvements is $1,358,697. 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; 3 120-0-3; 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 6` day of May, 2003. BY ORDER OF THE CITY COUNCIL. Linda Jentink, Cit erk 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 May 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 2003 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 L ndale Terminal Co, Holiday Convenience Store, P O Box 1224, Minneapolis, MN 55440 34- 47501- 020 -01 Rosemount National Bank, 15055 Chippendale Avenue, Rosemount, MN 55068 34- 03010 - 010 -85 Vernon R. Kelley, Su erAmerica -Dodd road, 7930 Pleasant Ave S, Minneapolis, MN 55420 34- 03010 - 010 -95 Glen & Ione Uitdenbo erd, 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 Uitdenbo erd, 14540 Dodd Blvd, Rosemount, MN 55068 34- 03800 - 100 -12 City of Rosemount, 2875 145 Ih Street W, Rosemount, MN 55068 34- 15209- 180 -01 Joseph J LaBonne, 3514 147 Ih Street W, Rosemount, MN 55068 34- 15209- 060 -03 Lynn A. Flaten, 3516 146 Ih Street W, Rosemount, MN 55068 34- 15209- 070 -03 Eugene T &Cindy Stiles, 3515 147 Ih Street W, Rosemount, MN 55068 34- 62800 - 110 -01 Gueor ui & Sefka Kamenski, 3505 148 Ih Street W, Rosemount, MN 55068 34- 62800 - 110 -02 Dennis & Elizabeth Gottsch, 3506 148 th 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 LaFa ette & Evelyn L Poole, 14892 Chorley Avenue, Box 334, Rosemount, MN 55068 34- 62801- 170 -03 Todd Lonso Poindexter, 14898 Chorley Avenue, Rosemount, MN 55068 34- 62802 - 060 -03 William A & Sherri J Weber, 13552 Lynn Avenue S, Savage, MN 55378 34- 62802 - 070 -03 William A Weber 34- 62802 - 080 -03 William & Sherri Weber 34- 62802 - 090 -03 A C Broback LTD Ptnsh , % Dolores C Broback, 10341 240 Street, Lakeville, MN 55044 34- 62853- 010 -01 Regina R Rahn Rie ert, 3450 145 th Street W, Rosemount, MN 55068 34- 62853- 080 -01 Kathleen M Elizabeth & John J Winters, 3465 146 th Street W, Rosemount, MN 55068 34- 62853- 090 -01 Edwin & Kathleen R. Tousi nant, 14530 Chippendale Avenue, Rosemount, MN 55068 34- 62853- 010 -02 Kenneth E Schug & Sheri L Schu , 3460 146 Street W, Rosemount, MN 55068 34- 62854- 030 -01 Steven & Ramona Murphy, 3435 Lower 147 Ih Street W, Rosemount, MN 55068 34- 62854- 040 -01 Ronald J & Sally Revolinski, 14655 Chili Avenue, Rosemount, MN 55068 34- 62854- 050 -01 Charles J & Kathleen Allford, 14665 Chili Avenue, Rosemount, MN 55068 P.I.D. NUMBER PROPERTY OWNER AND ADDRESS 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 & Cherl n 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 The Rosemount Town Pages AFFIDAVIT OF PUBLICATION Chad Richardson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper, known as The Rosemount Town Pages, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A.07 and other applica la s, as amended (B) The printed N lCp ` �` i Ck r �1 which is attached, was cut from the columns f said ewspaper, and was printed and published once each week for successive w it was Irst published on Friday, the __ - -�_ __ day of 2003 and was thereafter printed and published on every Frid `, toandt6luding Friday, the__- _ -- - - -- day of 2003; and printed below is a copy of the lower case alph bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijkhnnopgrstuvwxyz By: Subs 'b and sw rn to before me on this ' ' day 01 2003 Notary Public AFFIDAVIT DAWN M SMITH NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2DD5 PUBLIC NOTICE CITY OF ROSEMOUNT NOTICE OF PUBLIC HEARING ON IMPROVEMENTS 2003 Chippendale Avenue and CSAH 42 Reconstruction (between 151st Street and 145th Street) City Project 344 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 Tuesday, May 20, 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 reconfig- uring the intersection of CSAH 42 and Chippendale Avenue,from south of 151st Street to approximately 149th Street The proposed improvements consist of a new sig- nal, additional right turn lanes on CSAH 42, a center medi- an on Chippendale Avenue, curb and trail replacement _ where necessary, new sidewalk along the east side of Chippendale Avenue. The project also includes the con - struction of new sidewalk along the east side of Chippendale Avenue from CSAH 42 to 145th Street and the milling and resurfacing of Chippendale Avenue from approximately 149th Street to 145th Street. The total estimated cost of said improvements is $1,358,697. 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 com- ments will be accepted up to the time of the hearing and will be included in the discussion at this hearing. Dated this 6th day of May, 2003. BY ORDER OF THE CITY COUNCIL. Linda Jentink, City Clerk 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 May 14, 2003 to make a request. Fxamples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc. 05/09 -05116 Chippendale /CSAH 42 May 20, 2003 Page 2 of 2 The City further agrees that any closure would not be constructed until at least 6 months following the triggering event(s), but within one year of notification. The City feels very strongly that the details of the agreement outlined above represent a common ground where our interests can both be respected. We are looking forward to continued discussion with you. If you have any questions, please do not hesitate to call me at 651- 322 -2006. Sincerely, Jamie Verbrugge City Administrator Cc: Mayor and City Council Andy Brotzler, City Engineer