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:
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MEMO
Date: January 31, 2003
To: Rick Pearson, City Planner
Andy Brotzler, City Engineer
From: Chad Donnelly, Water Resources Engineer
Re: Kulhanek Building Permit
The preliminary plan for the Kulhanek property includes partially filling City wetland
No. 148 for the purpose of a garage and driveway and providing additional flat space off
of the west face of the house. City wetland No. 148 is approximately 5200 ft' and is
classified as a utilize wetland in the City of Rosemount's Wetland Management Plan.
The proposed improvements to Mr. Kulhanek's property include filling an estimated
1350 ft' along the south and east banks of the wetland.
A review of the proposed improvements has lead staff to deny the application made by
Mr. Kulhanek to partially fill City wetland No. 148. City wetland No. 148 is a
functioning component of the stormwater management system for Mr. Kulhanek's
property and the adjacent property owners. Stormwater management for a development
of this nature is subject to the topography and underlying soil conditions. The nature of
this development relies on the nearby wetlands and depressions to retain the stormwater
run -off during rain events.
A previous hydrology model established an ordinary high water level (OHWL) for the
wetland. OHWLs are established to provide a means of safeguarding life, limb and
property from potential impacts due to flooding or other occurrences. Partially filling this
wetland will alter the capacity it was originally modeled at, resulting in fluctuating water
levels beyond the OHWL designation. Mr. Kulhanek has not adequately demonstrated,
that the adjacent properties would not be impacted as a result of the proposed fill to City
wetland No. 148. An over topping of the wetland from Mr. Kulhanek's property
currently does not have a positive outlet to Trunk Highway (TH) 3 by overland flow. Mr.
Kulhanek has also not taken into careful consideration the regulations outlined in the
City's Stormwater Management Plan for a project of this nature.
At this point in time, Mr. Kulhanek has not provided enough evidence to support the
application to partially fill City wetland No. 148.
FINDINGS
The Board of Appeals and Adjustments and the City Council, upon appeal, must find as follows
in the granting of a variance from this ordinance:
Granting a variance will not adversely affect the public health, welfare and safety and will
not be detrimental or injurious to 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.
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Planning Commission Meeting Minutes
March 11, 2003
Page 4
Public Hearing: Mike Kulhanek Variance Petition
Chairperson Weisenel recessed the Planning Commission meeting and convened the Board of
Appeals and Adjustments.
This public hearing has been continued from the past two meetings. Mr. Kulhanek has requested
variances to build a 30 ft x 36 ft garage on his property located at the northern edge of the cul -de-
sac on Blanca Avenue. While his lot is large enough, it is dominated by two wetlands on each
side of the house. The open space behind the house is set aside for the drain field. The only
accessible place for an accessory structure is in the front yard between the wetlands and the
street. However, there is no way to do this and conform with the setbacks without impacting a
wetland. This property is zoned Rural Residential and the front yard setback is 40 feet, side yard
setback is 30 feet, and the rear yard setback is 30 feet. If approved, the variance for the front
yard setback would be 12.34 feet, side yard 12.01 / 20 feet, and rear yard 14.47 feet. These are
significant variances to setbacks. The majority of the proposed garage would be on variance
land.
Mr. Pearson summarized the history of this property and the variance received to construct the
house in 2001. At that time, the variance request included a smaller garage. The variance was
granted by the Planning Commission but appealed to City Council by neighboring property
owners based on the impacts to the wetlands and the increase in storm water run -off. The
neighbors hired a consultant as did Mr. Kulhanek. Consequently, the variance was modified by
the City Council to exclude the smaller garage to minimize the impact on the wetland on the
west side of the property.
In this variance request, a portion of the westerly wetland would be filled behind a retaining wall
that would be built on the west side of the house and curve down to the north side of the
proposed garage. The area filled is less than 2000 sq. ft. and would become the paved driveway
connecting the attached and new detached garages together with the driveway entrance. Staff is
concerned that the reduction of the stormwater storage area could adversely impact the adjacent
neighbors who appealed the previous variance. The consultant hired by Mr. Kulhanek two years
ago did not model the stormwater storage and run -off using the same calculation methods that
are City policy. The consultant did not model a 100 -year 24 -hour storm event, which is
considered a critical event of a development like this. A 10 -day snowmelt was also not modeled.
At the meeting on February 25, 2003, Mr. Kulhanek's attorney stated the consultant had no new
information to add to his previous report. As a result, Staff is recommending denial of this
variance request.
There was a question about the difference of a 10 -day snowmelt and a 100 -year 24 -hour storm
event. City Engineer Brotzler indicated the difference was in modeling the event and it is
determined by the conditions of the site or the watershed the event occurs within. The 100 -year
24 -hour event is a rainfall event. The water is typically allowed to infiltrate and flow through an
outlet where as with a 10 -day snowmelt event it is a different modeling without an outlet if the
outlet is plugged due to frozen conditions, etc. They take the higher of the two elevations and
note that as the critical event for the watershed.
Planning Commission Meeting Minutes
March 11, 2003
Page 5
The wetland on the west side of the property typically has a 15 foot buffer zone and the wetland
on the eastern side is a higher classification so the buffer would be 75 feet. There might be
mitigation possibilities related to impacts on the buffer zones. The affect filling the wetland
would have on neighbors could potentially be water in their basements.
Brian Alton, Attorney for Mr. Kulhanek, stated the concern for the inundation of the septic
system and for the desire to reduce the amount of fill are non - issues. The fill has been reduced
from 2000 sq. ft to 1350 sq. ft. The amount of fill is considered diminimus under the Water
Conservation Act and Mr. Kulhanek does have a permit to do the fill making the fill not the
issue. They feel the construction of the garage will not have an impact on the wetland because it
will be constructed so that any run -off would be directed away from the wetland. They didn't
feel the garage itself would have any affect on the wetland. Mr. Alton stated the house is now
built and fits in nicely with the neighborhood and there have been no problems with either of the
wetlands. The outflow from the wetland has not been considered. Mr. Alton passed out a map
that is a reduced version of the drawing used to obtain the building permits for the house. It
shows a 12 -inch pipe used at the outflow from the pond. It goes across Mr. Nelson's property to
the drainage ditch on Highway 3. Mr. Alton showed the Commission photographs to showing
the outflow is unobstructed and clear. This culvert is located in the northwest corner of the
wetland. Based on the topography of the lot, Mr. Alton stated it was impossible to build a garage
but that an accessory building is a permitted use. He stressed again that the fill is not the issue
rather it is whether the garage itself will impact the wetland. Mr. Kulhanek has obtained a
certificate of exemption that fits the diminimus permitting the amount of fill. The question is
whether the garage can be built after the fill has been put in. They would agree to have all run-
off from the garage itself be diverted from the wetland, they would provide reasonable proof that
the septic system would not be affected, and that any fill be limited to the diminimus amount and
no more than 1300 sq. ft if possible.
Mike Kulhanek, 12355 Blanca Avenue, stated that the plan indicates an asphalt driveway but he
would actually put in a cobblestone driveway to provide some area for the water to saturate in.
He said the final grade of the garage will be lower than the house. If there is water coming from
the cul -de -sac, it would run the way it has run previously. It would not interfere with that run-
off, it would continue to flow in the same manor. He felt the homes in the area were not up to
current code and don't have the drain tile and sump systems which causes them to have water
problems in their basements. He didn't feel his land would affect their properties anymore than
it has previously without improvements. Mr. Kulhanek reiterated that the issue of the fill has ,
been approved and he has a certificate giving him the okay to fill the wetland. He felt that was a
separate issue. The 12 inch pipe drains the wetland so that it won't reach above that level. The
level the drain pipe is at the wetland can never go above that level because it drains out at a
decline to Highway 3. Since the 10 -day snowmelt had not been modeled Commissioner Schiltz
asked how much the wetland would rise if the drain pipe was frozen. Mr. Kulhanek said it
would have to raise approximately six feet up the sides of the pond.
There was discussion on what the amount of fill on the west side of the house had to do with
building the garage. Mr. Kulhanek stated that on the east side in order to limit the flow of soil
into the higher quality wetland he has constructed retaining and boulder walls to limit that flow.
Because of that he is limited on ways to get to his backyard so he will use this area to drive his
lawn tractor to the back yard. Mr. Kulhanek was asked if he had considered filling the approved
2,000 sq. feet and moving the garage back so he didn't need as many variances. Mr. Kulhanek
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.
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DELMAR H. SCHWANZ
LAND SURVEYORS, INC.
MN. LICENSE NO. 8625
14750 South Robert Trail
Rosemount, MN 55068
Phone: (651) 423 -1769
WETLANDS DELINEATED BY:
SVOBODA ECOLOGICAL RESOURCES ON 10 -23 -2000
Property Description:
Lots 4 and 5, Block 3, OAKWOOD ESTATES, according
to the recorded plat thereof, Dakota County,
Minnesota.
Dated: November 7, 2000
SKETCH PLAN FOR
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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)
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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