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HomeMy WebLinkAbout7. Appeal of Lot Variamce for Mike Kulhanek, 12355 Blanca AvenueSVOBODA ECOLOGICAL RESOURCES • Providing the Sharper Edge in Natural Resources & Environmental Consulting March 6, 2001 Mr. Rick Pearson City Planner City of Rosemount 2875 145 Street West Rosemount, MN 55068 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: Delineation of two lots for House Construction Dear Mr. Pearson: On behalf of our client, Mr. Mike Kulhanek, Svobodi Ecological Resources (SER) is requesting that the lot development at 12355 Blanca Avenue be approved at tonight's City Council Meeting. The history of actions taken„on the property dates back to October 20,'2001 and includes the following elements: October 20, 2000 field wetland delineation of property November 9, 2000 delineation report on property December 1, 2000 OHW field investigation December 4, 2000 OHW report on property January 12, 2001 Historical Aerial Analysis & Correlating Rainfall Data Analysis February 12, 2001 WCA exemption request of Rosemount February 13, 2001 Wetland #2 rain data analysis for Rosemount February 28, 2001 2,000 sf exemption approved by Rosemount 'if grading plan accepted March 1, 2001 denial of exemption recommended by Rosemount March 5, 2001 faxed City of Rosemount conclusions on property to Mr. Kulhanek * - items provided to the City of Rosemount at tonight's meeting Mr. Kulhanek would like a conclusion or direction to take as a result of tonight's meeting. Thank you for your assistance in these matters. 2477 Shadywood Road • Excelsior, MN 55331 (952) 471 -1100 (Office) • (952) 471 -0007 (Fax) r Sincerely, Svoboda Ecological Resources Wayne E. Jacobson, PSS, PWS Biologist a d �- Franklin J. Svoboda, CWB, PWS President 1 CITY OF ROSEMOU NT Everything's Coming Up Rosemount!! CITY OF ROSEMOUNT NOTICE OF PUBLIC HEARING Appeal of Variance for Mike Kulhanek, 12355 Blanca Avenue CITY HALL 2875 — 145th Street West — Rosemount, MN 55068-4997 Phone: 651.423 -4411 Hearing Impaired 651 - 423.6219 Fax: 651423 -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 there after, on Tuesday, March 6, 2001, in the Council Chambers at City Hall, 2875 145 Street West, Rosemount, Minnesota. This public hearing is being held to consider an appeal by the neighbors of Mike Kulhanek who disagree with the Planning Commission's granting of a variance onto the lot area, street and sideyard setbacks for placement of a single family home and an accessory building. 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 15th day of February, 2001. d � Linda Jentink, Ci 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 February 26th, 2001 to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc. IN 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 stat- ed 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 nd other appAj hl-e la��s�an end e ` (B) The printed r--- 1 which is attached, was cut from the columns of id newspaper, and was printed and published once each week for c successive eeeks; it was first published on Friday, the - - - - - -- - -- - - - day of 2001 1 and was thereafter printed and published on every Friday, to and i uding Friday, day of 2001; and printed below is a copy of the lower case alphabet 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: a h do (g I t ij k h u no l v{ a to c w N y z By: Su csi ed and sworn to before me on this �� day 2001. Notary Public AFFIDAVIT > . DAWN M SMITH �>:_ NOTARY PUBLIC- MINNESOTA " Niv Commission Expires Jan. 31, 2005 " « s CITY OF ROSEMOUNT NOTICE OF PUBLIC HEARING Appeal of Variance for Mike Kulhanek, -, 12355 Blanca Avenue 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 there after, on Tuesday. March 6, 2001, in the Council Chambers at City Hall, 2875 145 Street West, , Rosemount, Minnesota. - This public hearing is being held to on —ter- appeal by the neighbors of Mike Kulhanek who disagree with the Planning Commission's granting of a variance onto the lot area, street mid sideyanl setbacks for placement of a single . family home and an accessory building.. _ p Comments will be taken from persons desiring so. be heard . with reference to the above hearing item Wrium eommems will be accepted up to the time of the hearing and will be included in the discussion at this hearing. - Dated this 15th day of February, 2001. Linda ]entink, 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 February 26, 2001 to mate a request Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting locution, etc. _ 2123!t)! - Publ,"c, Hearings ry)CLCc,h (o, Zoo 1 P s i' N A) " i YOLk w ► & h - fa spew o.+ ` $-\e pool i'uw� rZ.cSa rd i n publ head' rgs. Al,anoE d�c s s I. S -9 7. IOU " CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: March 6, 2001 AGENDA ITEM: Appeal of Lot Area Variance: 12355 Blanca AGENDA SECTION: Ave., Michael Kulhanek Public Hearing PREPARED BY: Rick Pearson, City Planner AGENDA ATTACHMENTS: Appeal letter, Location map; P. C. Minutes APPROVED BY: (12- 12 -00); Site Plan and Building Elevation Reductions, Memos, Findings, Correspondence / Property Owner/ Address: Michael Kulhanek 12355 Blanca Avenue; Lots 4 & 5, Block 3 Oakwood Estates Variance Appealants: Kurt & Betty ann Schneider 12365 Blanca Avenue Jeff & Maggie Nelson 12334 South Robert Trail Tracy Dougherty 12370 Blanca Avenue Area in Acres: 0.98 acres Current Zoning: Rural Residential Variance granted on 12- 14 -00: Rural Residential Lot Area Variance (2.5 acre min.), Setbacks for Accessory structure setbacks — 33 ft. front (Tvar.) and 17 ft. side (13' var.) SUMMARY On December 12, 2000, Mr. Kulhanek was granted a lot area variance to build a house on the rural residential lot at the northern end of the Blanca Avenue cul -de -sac. The lot (originally platted as two lots) is part of Oakwood Estates which was platted in March of 1962. It is adjacent of the CP Railroad right -of -way and other rural residential homes. A dominant feature of the property is also the greatest challenge. There are two wetlands on each side of the property that constrict -the available building "��epe ": The wetland classifications are Utilize for the western basin and Mana vievff -- .•- ».,...+... vaa.aaa. iuv icy- rxav -U Fwlivy vi Si aaaulx�, W 11V11 111 LI1C 1�,CLFa1 1Ces1Qennal msiricl as long as the property can be shown to be capable of supporting rural residential use that conforms to all other applicable standards. While Mr. Kulhanek was required to revise his plans several times, The Planning Commission acting as the board of Appeals & Adjustments granted the lot area varaince for the house. They also granted front and side yard variances for an accessory structure located south west of the proposed house, along the Blanca Avenue cul -de -sac. APPEAL OF BOARD OF APPEALS & ADJUSTMENTS ACTION Several neighbors were in attendance and commented at the public hearing. They were concerned about the proposed house being out of scale with the neighborhood and the impact on the wetland/ponds, particularly west of the proposed house. Seasonal flooding was expressed as a concern with snow - melts. Staff had recommended that the variances be granted with conditions that the plans be further modified to reduce the impact on the plan. However, the Wetland Conservation Act allows filling of an area of up to 2,000 sq. ft. Therefore, if the variances are overturned through appeal, then the need for less might reduce the impact on the wetland. The appeal has prompted staff to examine the site more closely in light of the storm water issues. Alyson Morris has evaluated the impact on the wetlands and concluded that the proposed fill intended for the accessory structure and driveway will inundate a portion of the designated septic system area. As a result, staff recommends that the variances for the accessory structure be overturned to reduce the amount of fill which will preserve the integrity of the septic system area. RECOMMENDED ACTION: Motion to direct staff to prepare findings in support of overturning the variances to accessory structure front and side yard setbacks for the property at 12355 Blanca Avenue. CITY COUNCIL ACTION: MEMORANDUM DATE: March 1, 2001 TO: Rick Pearson FROM: Alyson Morris SUBJECT: Kulhanek Property 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. Current Proposed 7 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 - -._ �__.... eat rater oyaL will inundate a. Official Mick _ ae er "80M Tn at the rain Mitt m �.. -- -- s- pon on n. 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. 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) 12,602 8,630 Water elevation for the 100 -year event (ft) 94 95 Attached are copies of the latest site plans for the property with the current and proposed 100 -year event water levels drawn in. Referring to both attachments, the 100 - -._ �__.... eat rater oyaL will inundate a. Official Mick _ ae er "80M Tn at the rain Mitt m �.. -- -- s- pon on n. 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. ATTACIVAENT 1: Current 100 -year water elevation. . .2 6'x11' CONCRETE SEPTIC TANKS ��, , POR:nd.yv p N 92o 90- • ' i • �• .. 9Z3 H 94.9 / P • 9 4f // 7/ • / / :REDUCED.. = '' � %.• 9� ; • , j. � � 1 FILLED f • / WEST E RETALNING WETLAND �� ...... i+ I 98.33 I ' .. HING 'THE /. �� £� R;IG . { ATIDN '17 99.0 • " a� '� " �S2 CppR ►� �i� b ..'. ', .. ice.. .•.. �' .,i • • :.. .'': .. �. '..• :: 06, ! Ca� ?4Z1i X51 • ATTACHMENT 2: 100 -year Nvater elevation if 2000 ft of fill is placed in the west wetland 2 '6'41'. CONCRETE SEPTIC TANKS - - 91 • - � � ♦ NO- 9&3 T . H 94.9 �I YV i?� Lrit • o ♦ 9 REDUCED '� ♦ ' 95.9 FILLED • f • ''••l.. i 3 >4 HORIZ. WEST WETLAND ! L .... . RETAINING ♦�� 98.33 Y . ANI) 9UICDIFTG ; os wl yING -THE H ��AR 4 ' ATION 'OF 99,0. a _ r 10 H' I � 1 �0wa • •Zf 1i . �....i.• .• 4 06. H ims .•� lSp�4 1 t =131.51 • - R =50.nn ..-_� ,_ , _ _ y... _ s _ _ __.. SITE MAP -PROPERTY ID NUMBER: 34- 53600-051 -03 =rEE OWNER: MICHAEL J KULHANEK 19739 COATES BLVD HASTINGS MN 55033 ?AYABLE 2000 TAXES (DELINQUENT TAXES IN PAST YEARS) SET TAX: 233.26 SPECIAL ASSESSMENTS: 19.10 '3TAL TAX & SA: 252.36 :iYABLE 2001 ASMNT USAGE:RESIDENTIAL 2000 ESTIMATED MARKET VALUES (PAYABLE 2001) 2000 BUILDING INFORMATION (PAYABLE 2001): LAND: 11,600 LOT SIZE (EXCLUDES NO DATA AVAILABLE BUILDING: ROAD EASEMENTS) TOTAL: 11,600 42,899 SO FT SCHOOL DISTRICT: 196 0.98 ACRES LOCATION: SE1 /4 NE1 /4 SECTION 17- 115-19 PAYABLE 2001 HOMESTEAD STATUS: NON HOMESTEAD WATERSHED DISTRICT: VERMILLION RIVER LAST QUALIFIED SALE: DATE: AMOUNT: •C"E: Dimensions rounded to nearest foot. :x;eight 2000, Dakota County - - -a Jrawing Is neither a legally recorded map nor a survey and is not intended to be used as one. 4 trawing is a compilation of records. Information and data located in various city, county, and does and other sources, affecting the area shown, and is to be used for reference purposes zr.. Dakota County is not msponsible for any inaccuracies herein contained. N discrepancies are iw please contact Dakota County Survey and Land Irft., tion Department. wac =ate: November 28, 2000 Parcels updated: 11t16100 Aerial Photography: 1990 PLAT NAME: OAKWOOD ESTATES TAX DESCRIPTION: LOTS 4 & 53 • r City Council City of Rosemount Rosemount, Minnesota 55068 Re: Lot Area Variance and Setback Variance: 12355 Blanca Avenue, Rosemount, Minnesota, Michael Kulhanek Dear City Council variances granted by the Board of Appeals and Adjustment on December 19, 2000, regarding the above property. We are appealing these variances because, first, we do not believe that the house proposed is compatible to the land on which it is being built. Secondly, the size of the home and number of buildings proposed to be built on the property are not compatible and are out of character to the neighborhood as evidenced by the presently existing homes and the Declaration of Protective Covenants for Oakwood Estates. Thirdly, the utility building as proposed encroaches on the neighboring property. Lastly, we are very concerned with the filling -in of the wetland as proposed because of the possible injurious impact it may have on neighboring homes. Please let us know when this matter is scheduled for hearing before the City Council. Sincerely, Kurt and Betty Ann Schneider 12365 Blanca Avenue Rosemount, Minnesota 55068 Jeff & Maggie Nelson 12334 South Robert Trail Rosemount, Minnesota 55068 Tracy Dougherty 12370 Blanca Avenue Rosemount Minnesota 55068 Encls. cc: Alyson Morris, City Engineer Rick Pearson, City Planner Mike Kolhanek Planning Commission Regular Meeting Minutes December 12, 2000 Page 4 OTION by Droste to close the public hearing. Seconded by We' nsel. Ayes: Nap er, Droste, and Weisensel. Nays: 0. Motion carried_ MOTIO Droste to recommend that the Council renew the mineral extraction permit for M n Danner of Danner subject to the attached conditions for 2001. Seconded by Wei sel. Ay oste, Weisensel, and Mapper. Nays: 0. Motion carried. 5poTDroste recessed tfte Planning Commission meeting and opened the of Appeals and Adjustments. Public Hearing: Michael Kulhanek Lot A rea Variance Chairperson Droste opened the public hearing on the application by Michael Kulhanek for a variance from lot area requirements. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of a Public Hearing Notice on file with the City. Mr. Pearson summarized the request by Michael Kulhanek for a variance from lot area standards in order to construct a home on his .98 acre lot located on the north end of um lot size standard in the Rural° is g `acres. There are two wetlands on each side of the property. Typically, the city supports a variance for a substandard lot in the rural area if the applicant can show the lot is buildable. A survey of the lot was reviewed. 'Mr. Pearson noted four issues that the applicant must address, including, 1) a reduction to less than 2,000 sq.ft. in the amount of fill for the wetland; 2) the driveway to the unattached garage must be realigned to the south to minimize the impact on the wetland and reduce the height of, or eliminate, the retaining wall; 3) the parking area to the east must be reduced by 9 feet; and 4) the lowest opening must be 3 feet above the Ordinary High Water Elevation of 97.2. In addition to the lot area variance, variances for a front setback of 7' and side setback of 13' are also required for the detached garage. Chairperson Droste opened the floor to the applicant. Michael Kulhanek was present, along with his architect. Discussions continued concerning the amount of fill intended for the wetland. Mr. Pearson pointed out inconsistencies with the grading plan_ Chairperson Droste opened the floor to the public. Bettv Schneider 12365 Blanca Ave., expressed concem nith the wetland being filled in and asked whether this would affect the water level on her property. Mr. Pearson felt the impact would be negligible. jr_acy Dougherty, 12370 Blanca Ave., also expressed concern with the wetland being filled in and whether it would cause water problems on her lot. Planning Commission Regular Meeting Minutes December 12, 2000 Page 5 Commissioners reviewed location of the septic system and further addressed water runoff concerns. MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Weisensel, Napper, and Droste. Nays: 0. Motion carried. Commissioner Neisensel advised Mr. Kulhanek's architect to engage the services of a civil engineer. Commissioner Weisensel expressed his concern that the 2,000 sq.ft. minimum fill not be exceeded and that city staff ensure compliance. MOTION by Droste to grant the variance to lot area standards and a 7' front setback and 13' side setback for the detached garage, subject to modifications as noted by the city Water Resource Engineer, as follows: 1. The proposed wetland fill stated on the plan is 1900 ft Staff measurements show the proposed fill to be approximately 2157 ft The Wetland Conservation Act exemptions allow for 2000 ft of fill for this wetland without replacement. 2. The 92' contour is missing on the west side on the northeast side of wetland basin 2. The omission of this contour means that the proposed wetland fill is more than the calculated value of 2157 ft • - - 3... Given - the �ea tion -a utility building," fti must-be- _ the south to minimize wetland impacts. Secondary benefits to this include: • Reduced height or elimination of the retaining wall, • Larger buffer widths, and • The ability to construct 4:1 sideslopes around wetland basin 2. 4. The driveway section to the east of the garage must be shortened by 9' or more to eliminate the need for grading in the buffer of wetland basin 1. 5. The lowest opening must be 97.2' or higher in elevation. Seconded by Napper. Ayes: Napper, Droste, and Weisensel. Nays: 0. Motion carried. Chairperson Droste adjourned the Board of Appeals and Adjustments and reconvened the regular Planning Commission meeting. _�_ Mssioner Shoe - Corrigan returned to the meeting at 8:10 p.m. Chairperson DrZvq opened the public hearing concernin - initiated rezonings in r implementation of th omprehensive Plan. The re g secretary has placed the Affidavit of Publication an davit of Mai . and Posting of a Public Hearing Notice on file with the City. Mr. Pearson explained the ssity for rie'bmkg lands that are inconsistent with the Comprehensive Plan. summarized the MU oundaries and proposed zoning changes. Noti this rezoning was sent to 172 resi including the 22 property owners tly affected by the zoning changes. The Dakota ty garage facility is the o or that will become nonconforming as a result of the r g. Because this CITY OF ROSEMOU NT E=ver ymtng s t-omrng up Rosemount.►! December 14, 2000 Mr. Michael Kulhanek 19739 Coates Blvd. Hastings, MN 55033 RE: Variance for Lots 4 & 5, Block 3 Oakwood Estates Dear Mr. Kulhanek: CITY HALL 2875 — 145th Street West Rosemount, MN 55068 -4997 Phone: 651- 423 -4411 Hearing Impaired 651 -423 -6219 Fax: 651- 423 -5203 As you are aware, the Rosemount Planning Commission acting as the Board of Appeals & Adjustments granted variances for your property at the above- referenced address for lot area, and setbacks for the future utility building. The variances are conditioned on addressing the comments in Alyson Morris' memorandum dated December 12, 2000 (see attached). The variances may be appealed by yourself or an aggrieved neighboring property owner VAM 09 omgnission. If, for example; you . wish to Be re t e attached conditions, you may appeal to the City Council with a letter. The cost of the appeal is $165.00 because a public hearing is required. If no one appeals, the variance expires after one year if it is not used. It can, of course, be renewed. If you have any questions about building permits, please contact Building Official Mick Kaehler at (651) 322 -2027. If you have any questions, I can be reached at (651) 322 -2052. Thank you for your cooperation. Rick Pearson City Planner Cc Alyson Morris Mick Kaehler CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Planning Commission Meeting Date: December 12, 2000 AGENDA ITEM: Lot Area Variance: 12355 Blanca Ave., AGENDA SECTION: Michael Kulhanek Public Hearing PREPARED BY: Rick Pearson, City Planner AGENDA NO. ATTACHMENTS: Site Plan and Building Elevation Reductions, APPROVED BY: P 6D Findings, Correspondence 1 :] Applicant & Property Owner(s): Location: Area in Acres: Comp. Guide Plan Desig: Current Zoning: Nature of Request: Michael Kulhanek Lots 4 & 5, Block 3 Oakwood Estates 0.98 acres Rural Residential Rural Residential Rural Residential Lot Area Variance (2.5 acre min.) Mr. Kulhanek is requesting a lot area variance to build on the rural residential lot at the northern end of the Blanca Avenue cul -de -sac. The lot is part of Oakwood Estates which was platted in March of 1962. The lot is actually a combination of two lots as originally platted. It is adjacent of the CP Railroad right -of -way and other rural residential homes. A dominant feature of the property is also the greatest challenge. There are two wetlands on each side of the property that constrict the available building "envelope ". The wetland classifications are U ' ,.fox the wzu=basimand Manag II for the eastern basin. The City has . a pc ' �w granting variances t orng o "s n the Rural Residential District as long as the property can be shown to be capable of supporting rural residential use that conforms to all other applicable standards. Mr. Kulhanek's site plan requires revisions in order to conform to applicable standards. Of concern is: 1. The lowest floor elevation which must be at least one foot above the Ordinary High Water Elevation (OHWE which equals the 100 year flood elevation). The lowest opening for doors or windows is required to be three feet above the OHWE. The site plan provided by.Nfr. Kulhanek indicates the lowest floor elevation to be 92.8 which is 0.9 feet below the OHWE of the westerly basin (93.7) and 1.4 feet below the easterly basin (94.2). Therefore, the lowest elevation of the house should be 95.2 in the case of a "Look -out" basement and 97.2 in the case of a "Walk -out ". 2. The grading plan indicates 2:1 slopes within the wetland buffer areas. Retaining walls may be used to solve this problem, but are not shown on the plan. 3. The 1,600 sq. ft. of "fill" area does require a separate permit. This area is indicated for an accessory building. If Mr. Kulhanek satisfies the permit requirements, it will have to conform with minimum rural residential zoning standards including consistency with the house interms of materials and color. If a separate variance is not required, he will still be required to obtain a building permit. 4. The designated septic system area encroaches into the easterly wetland buffer and OHWE. The encroachment must be eliminated. The average front -yard setback in the immediate neighborhood is 38.75 feet. The house footprint could move to this established setback without a variance. Another option would be to request a front -yard variance. The presence of the wetlands does in the opinion of staff contribute to the hardship findings required for variances. RECOMMENDED ACTION: Motion to the variance to lot area standards provided that the Applicant demonstrate that all other standards will be met. PLANNING COMMISSION ACTION: • ca F M 6i ■ kenAiv M ■ M M ■O � I t/r ' f YOLAND N T lL Kim ms's. + T �e _ 4 �77P N+u PRCCCSED LCCATICN CF VELL a SHIAM AREA INDICATES THE PRCPCSED DRIVEVAY LCCATICN ! M 804739'!b'Y4 7337 S I T E P L A N SCALE N.T.S. ' , .m. aah'R5 Lb Y3W OUYd fir lOYm LS! - Yaw ANJHW p Sl'N - 3 z -y N'd�d 1N�W�S'd9 1 .bt .ZJa- .11-.41 aaLVAV7A N11 V �; Q1VAV7JC3U1: •� •^ I � j I 1 10 - Y y ,.,.. ... i _- .£-.b�o--- i t _. . .111,1111 - 2 val m pl t •b .5 -.L .o-.E n L -JZA t -.L .9-.n rl Al / i; — I .r/I11-.9 q:v I I OI-J .1-.1 .I-.Z x(l OI -.I L L .=AO-.0 l A l U A t9 A m A m G W :ate ROVIM ♦x va w AUMMrM - ASi amftym Obi. . Yaw 29vbw • 1a8J ,swims 0= v7w No" 1� ' 'Sl'N -3�H I -y NVIci OO-1=4 1SN1=4 IS X .zn L-.11 •E -. I � a . b •: • _ xr000ars+aano.o- .uco•.a_ � -1 I7 L L .=AO-.0 l A l U A t9 A m A m G W �- ., ,, ... � �,�vc cw �aa � � �� ���d �oo�� aNO��s z .u� ,_„ 1 J -•r a v �C u —� .v �I: Z .S-.Y .UI t'�E NOLLVAB1B .LS-3M i 1 J i NOILVAEia J.Sv SVOIB ECOLOGICAL RESOURCES Pro Environmontal c onsu l t i n g the Sharper Edge in Natural Resources & r g December 5, 2000 Mike Kulhanek 19739 Coates Boulevard .Hastings, MN .55033 RE: SER Project Name: Kulhan. & Paxe - SER Project No: 2000- 066 -03 Project Location: A portion of the SE 1/4 of NE 1/4 of Section 17, Ti ISN; R19W, City of Rosemount, Dakota' Coun ty, Minnesota Proj Description: Establishing OHW Marks for two basins bn the Kulhanek Parcel - and other recommendations Dear Mr. Kulhanek: ' As requested, Svoboda Ecological Resources (SER) visited the above referenced pro a on December .1, 2000, to establish Ordinary High NVater Marks for the two previously delinea on basins according to Minnespta DNR Water, protocol. The publication* "Guidelines for Ordima - Him Water Level (OHS) Determinations" , by John Scherek and Glen Yakel, Technical paper \'o 11; Minnesota Department of Natural Resources Division of Waters, June 1993 was used for this analysis.. - In this method, the Ordinary High Wa:er (01 - Mark or elevation is delineated at the highest water level that has been maintained fora s.5cient period of-time to to evidence upon the landscape, commonly the point where the rat--al vegetation changes from predominately aquatic to predominately terrestrial. -The OHW is a line of equal elevation iurroL3:ng 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 inclose proximity'to the basin. B) Water- formed evidence. - items such as ice ridges of water'stains are considered here. Q Other vegetative evidence - this vegetative evidence•is usuaffly.ia the form of Obligate Wetland Plant Species beginnitg to dominate plant layers at the OHW elevation. 2477 Shadywood Road : Excelsior, MN 55331 (952) 471 -1100 (O -ce) • (952) 471 -0007 (Fax) Results and Discussion Both basins had a OHW that was relatively simple to determine based on all three factors note above. Stakes were driven into the ground at the OHW level which were marked "Wetland Basin # OHW ". The stakes also had blaze orange "wetland bound surveyor was to record the OHW elevation which was the elevation fl a whicl the take was lo cal driven into the ground. Basin 2 nHW Determination Basin 1 is a Type 4 deep marsh with semi- permanent flooding hydrology (PEW. The OHW was near a group of 2" DBH quaking aspen trees which were ovrine b- �' b just a:.ove an area dominated by sedges a pproxomately 6 -8" above the current vvater level. T>:e actual OHW elevation wasy 3 _ orl3 isin 2 OHW Determination Basin 2 is a Type 2 Wet Meadow with saturated soil hydrology (PEMB). TM-OHW was near a I" DBH black willow tree that had sedges below and a Westem Thimblebz• (Rubus parvorus, 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 cu. -rent dozen ponded water surface. The actual OHW elevation was 94.2 for Basin 2, 0.5 feet h-C::e; than Basin 1: I am sure on-the characteristics of Basin Z that water would typically nev= rise above this OHW. There is some infiltration which occurs along the edges when this , -%rat ... ponds near the OHW, as seen by the soils in and immmediately around tse basin. I believe a smaller vertical buffer zone (of one foot) is in order to protect lower building levels here, especially when sump pumps and drain tile are built into the design as in this case. Recommendations SER recommends that the city observe the established OHW elevations for u=e with their ordinance which requires building floors to be between I and 3 feet above the high water level of the basin. Also, SER recommends that roof water be guttered away from B acin 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 buffo: between the wetland and the building near Basin #2. g•d L000 -TL* 12sel saojnosa N • j oa3 epogonS d92:10 00 SO DatI Thank you for the opportunity to provide wetland services to you on this important pro j ect. Please call me at (952) 471 -1100 if I can answer any questions on this project. } Sincerely, Svoboda Ecological Resources Wayne E. Jacobson PSS PW Biologist ' S Franklin J. Svoboda, CWB, PWS President cc: Ms. Alyson Morris, City of Rosemount Mr. Rick Pearson, City of Rosemount MEMORANDUM DATE: November 29, 2000 TO: Sheila O "Bryan CC: Bret Weiss FROM: Alyson Morris SUBJECT: Proposed house for Mike Kulhanek in Oakwood Estates have reviewed the site plan for the proposed Kulhanek residence on the north end of Blanca Avenue. The following issues need to be addressed before this project can proceed. 1. Low floor elevation is too low. The proposed low floor elevation of the house is 92.8'. The low floor elevation of a structure must be at least 3' above the high water. level (HWL) of an adjacent pond. The HWLs for the two wetlands on the property are not shown on the plan. The elevations of the edges vary from 91.0' to 94.6' and indicate that the proposed low floor elevation would not meet the 3' freeboard requirement. 2. Sideslo es of Wetland 2 are too steep The owner is proposing to fill in approximately 1600 W of the wetland 2 (on the west side,. 6752 020 ft2 'in , Uftlize) to accommodate the house pad, the driveway and a future garage. The Minnesota Wetland Conservation Act Deminimus Exemption allows for up to 2000 ft of fill for this type of wetland without mitigation. The proposed 2:1 sideslopes are too steep. To meet the 4:1 minimum slope requirement, additional wetland fill for the proposed house pad placement. Additional fill would likely exceed the 2000 ft Deminimus Exemption and the homeowner would need to accommodate 2:1 mitigation on site (i.e. If 3000 ft were filled, the owner would need to build 6000 ft of new wetland on- site). 3. Grading within the buffers of Wetlands 1 and 2 The proposal indicates that grading would take place within the 30' buffer of Wetland 1 (on the east side) and the 15' buffer of Wetland 2 (on the west side). This is inconsistent with the City's Comprehensive Wetland Management Plan, which states that no grading or altering of natural vegetation is allowed. 4. Reduced buffer widths for portions of Wetlands 1 and 2 The buffer widths of Wetlands 1 and 2 would be reduced due to the location of the house. The owner needs to identify the HWL of the wetlands and ensure that the low floor elevation of the house is at least 3' above the HWL The owner must submit an application for the proposed wetland fill and consult me regarding the wetland buffer issues. SVOBODA ECOLOGICAL RESOURCES Providing the Sharper Edge in Natural Resources & Environmental Consulting ' t ary 1 2. 2001 Mr. Mike Kulhanek 19739 Coates BouleVard I lastin -s. MN 55033 11E: SER Project Name: Kttlhanek Parcel SER Project No: 2000- Ooh -03 Project Location: A portion of the SE 1/4 of NE 1i4 of Section 17. TI 15ti. R19W. City of Rosemount, Dakota County. Minnesota Project Description: Historical Aerial Photography and Correlating, Rain Data Report Dear Mr. Kulhanek: As requested, Svoboda Ecological Resources (SER) performed •a historical aerial photography analysis and correlated months of prior precipitation data from the Rosemount, Minnesota location with each photograph. Below are data tables which assist us in anal� our data: Table 1. Mont Average" Observed'" Deviation January d .06 1.44 +0.38 February 0.94 1.14 +0?0 March 2.13 1.34 -0.89 April 2.87 1.69 -1,18 May 3.92 5.13 +1.21 June 4.31 4.29 -0.02 July 4.03 9.07 +5.04 August 3.97. 3.1 -0.84 September 3.56 0.56 -3.00 October 2.56 132 ' -1.44 November 1.84 4.06 +2.2 December 1:23 1.61 +0.38 Year to Date: 32.42 34.45 +2.06 Based on a 30 -year average (1961 -19 . "Numbers in italics refer to drier than nor-.al months. Numbers in bold refer to wertr Chan normal months. _ 2477 ShadYwood Road • Excelsior, AM 55331 (952) 471-1100 (Office) • (952) 471 -0007 (Fax) - 1990). All values between the two bounds indicate normal precipitation for that month. Monthly precipitation values < the 30% 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 (NRCS) `VETS ranges, where if data is outside of these ranges it can be called wetter or drier than the 1961 -1990 30 year average data. This data is available from http://Www.wcc.nrcs.usda.gov/ the Water and Climate Center of the USDA NRCS. Table 2. iiik:si::i }, : } >: -i'y is ;;•,iiiiii::::i::: iii{:•:•: sii: -i:: j:� isi::�iiiJ:'r: s: ?ii.:.:'i::iii::_: is i:.ii:�:.n.:y:: y� y 'i?'s;!f; " %: }v:,•:.. ih: �:::::<:: �<:>:::>:< :�ctr::i�as..�a€a:a�a�t:#�t1��> - . 30% Chance 30% Chance Month Lower Bound Upper Bound" "" January 0.52 1.29 February 0.48 1. l 6 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 27.91 35.36 2 Calculated by NRCS a and based on a 30 -rear average 1961 - 2 Historical Aerial Photo Review and Correlating Precipitation Data Historical aerial photographs maintained on file at the John Borchert flap Library of the University of Minnesota, Minneapolis were studied. The years available included 1937, 1940, 1951, 1957, 1 964, 1 966, 1 974, 1978. 1980, 1 984, 1987, 1990, 1991 and 1997. The scales of the original photographs varied from 1:9.600 to 1:20,000. Color photo enhancements of these photographs with approximate scales are presented in Appendix A. Correlating monthly precipitation data was collected from the Midwestern Regional Climate Center for the Rosemount Agricultural Experiment Station #217107 which is located 4.5:miles southeast of the Kulhanek Site. This information is presented in Appendix B. September 23 1937 Photograph Minnesota STH 3 appears in the photograph, as does the railroad. Basin #1 is on the east of the site. It appears Basin #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 was available as of this early date. June 15. 1940 Photograph The area appears similar to that in the 1937 photograph. Basins #1 and 7 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,_1951 Photograph The area appears similar to that in the 1940 photograph. Basins #1 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 Ph otograph The area appears similar to that in the 1951 photograph. Basins #1 and 92 appear isolated from each other as in 1951 The size of the basins has not changed. Monthly precipitation data in inches was available and was as follows: Obs Avg June 6.15 4.31 Wet July 6.07 4.03 Wet Aug 9.82 3.97 Wet Since the precipitation was mostly %vet in this case, the photographs might show larger wetland basins but they do not. July 4, 1964 Photograph Minnesota STH3 appears in the photograph, as does the railroad. 124` Street West and 125`' Street West along with the Blanca Avenue cul -de -sac and street have been constructed. Basins 91 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 Avg April 3.66 2.87 Wet May 4.82 3.92 Wet June 2.67 4.31 Normal Since the precipitation was mostly wet 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 91 and =2 appear isolated from each other as in 1964. The size of the basins has not changed. There appears to be about four homes on the 124th/125th/Blanca Avenue Streets. Monthly precipitation data in inches was available and was as follows: Obs Avg Mar 1.62 2.1 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 turther for potential flooding. October 7. 1974 Photograph The area appears similar to in the 1966 photograph, except for that about 16 homes now appear on the 124"/125th /Blanca Avenue Streets. 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 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. Al261 14,1978 Photograph The area appears similar to that in the 1974 photograph. Basins #1 and #2 appear isolated. and the size of the basins has not changed. Monthly precipitation data in inches was available and was as follows: Obs Avg Nov 2.21 1.84 Wet Dec 1.94 1. 23) Wet Jan 0.47 1.06 Dry Feb 0.36 0.94 Dry Mar 0.61 2. 1 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 #1 and T2 appear isolated and the size of the basins has not changed. 4 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 #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 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 « to normal in this case, the photographs might show larger wetland basins but they do not. April--17.1987 Photo raph 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: 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 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 1.96 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 wet 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 r=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 1.2.3 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 %vet in the spring, the photographs might show larger wetland basins but they do not. April 13, 1997 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 were taken back in 1937. Monthly precipitation data in inches was available and was as follows: Obs Avg Nov 5.10 1.84 Wet Dec 2.11 1.23 Wet Jan 1.76 1.06 Wet Feb 0.20 0.94 Dry Mar 1.47 2.13 Normal April 0.88 2.87 Dry Since the precipitation was mostly dn to normal in the spring, it was not analyzed further for potential flooding. Historical Aerial Photo and Correlating Rain Data Summary Based on the information presented in the historical aerial photo 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 #217107. 8 Another reason Wetland #I would not flood to the south, east, or west are the steep banks which contain it. The 01 I 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. Kitlhanek's property, assuming it would all be runoff into Wetland #1 without infiltration (which could not occur), would result in the followings surface water height added to the Wetland #I as follows: 6925 sq ft = conservative area estimate of house, driveway, and outbuilding 6925 x.48.3-3'= 3346.8 cu. ft of water runoff into basin #1 3346.8 / 17115 sq ft of existing basin 41 on property = 0.196 feet or 2.35 inches of water rise in wetland #1, not enough for it to flood anyone on the east, south, west or north sides of wetland basin # 1. As you can see, flooding is simply not going to occur as a result of building Mr. Kulhanek's home. Thank you for the opportunity to provide wetland services to you on this important project. Please call me at (952) 471 -1100 if I can answer any questions on this project. Sincerely, Svoboda Ecological Resources Wayne E. Jacobson, PSS, PWS Biologist Franklin J. Sv o oda, CWB, PWS President cc: Ms. Alyson Morris, City of Rosemount Mr. Rick Pearson, City of Rosemount Attachments: Appendix A: Historical Aerial Photographs Appendix B: Precipitation Data for Rosemount Station 217107 Appendix C: Surveyed Wetland Boundaries ' WAYNE E. JACOBSON .••: ��� 30611 9 ST. PAUL, So14 MAR 01 2001 14 :42 FR BARR 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 SARR Minneapolis, MN • Hibbing, MN • Duluth, MN - Ann Arbor, MI - Jefferson City, MO MEMORANDUM To: Residents, Oakwood Estates From: Steven M. Klein Subject: Michael Kulhanek's proposed Development Lots 4 and 5, Block 3, Oakwood Estates Rosemount, Minnesota Date: February 28, 2001 This memo summarizes issues I have identified relative to the Kulhanek proposal. To become familiar with the proposed work, I (a) reviewed the Executive Summary for Action prepared by Rosemount City staff for the proposed Kulhanek residence, (b) reviewed the letter dated January 12, 2000 from Svoboda Ecological Resources to Mr. Kulhanek, and (c) viewed the property in question on site. Through my review of this information and site visit, I have identified several issues that I believe should be addressed by the City before it considers approval of the Kulhanek proposal. - Issue 1- 7be proposed filling of Wetland #2 will cause the 100 -year flood level to rise, will cause relater 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. Z 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 .. .•. . .- . -..... • • - - •v i r♦ ✓r rr�r♦ te r•..• • • •v • r� .• --- --- L•..V • r V .JV V 1 - ---- -- 1 • GJV To: Residents, Oakwood Estates From: Steven M. Klein Date: February 28, 2001 Page: 2 the incremental rise in the flood level, not to estimate the potential flood level that now exists. At best, information in the Svoboda letter may indicate that the normal elevation of the wetlands is similar to what is shown on available maps. However, the proposed filling of Wetland #2 will certainly result in an incrementally higher 100 -year flood level. The City's Executive Summary for Action refers to the "ordinary high water elevation" (OHWE) as being the same as the 100 -year level. Typically there is a difference between the 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. MA 2001 14:42 FR BARR ENGINEERING 952 832 2601 TO 96514235203 P.04 To: Residents, Oakwood Estates From: Steven M. Klein Date: February 28, 2001 Page: 3 Issue 2--- clear underRtandinl* of the critical 100 -vear flood level for Wetland #1 has not been developed If Wetland #2 were to outlet by pipe 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 r. 7 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 completely filled 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 (LGt), 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 KulhaProposal will significantly alter the lot he has purchased in order to accommodate his proposed buildine. 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 atone 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 skleinfbarr.cotn :ODMA\7CDOCS\DOCS\224233\ 1 ** TOTAL PAGE.05 ** :AydelBoloyd leuay 00/91 /L L :Pawpdn shooed OOOZ '4 Jagwaoao :also deV! •luawyedaa uo!leuuolul Puel pus A--S HuroC) elo4eo peluoo aseso 'puno} are sapuedaioslp p Pau!eluoo KMklod— lou s! Alunoo elo4ea •Aluo sasodmd souaaalw jo} pasn aq of s! pus 'uMCys ewe ayl Sugosye 'sawnos aay!o pus sao!go alep Pus 'Alum 'Alp snouen u! POMOI emp PUB uogeuuoju! 'spMWjo uo!)epdwoo a s! Buwav s!41 auo se peen eq of popuslu! lou s! pus Aanms a jou dew papmm Apeba! a -ypau s! 8uwwp s!yl - Illunoo e4o4sa 'OOOZ ly loo; Isamu of popuna suo!suawla 3AON dVN:q I IS 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: I. Granting a variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood. 2 Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship inconsistent with the intent of this Ordinance and the Comprehensive Guide Plan. I 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. Z. Strict or literal interpretation would deprive the applicant of the use and enjoyment of his property in a manner similar to other owners in the same district. Granting of the variance will not allow a use which is otherwise not a permitted use in'tl z zoning district in question. CITY OF ROSEMOU NT 2875 -145th Ae` Stre West Rosemount, MN Everything's Coming Up Rosemountll 55068 -4997 Phone: 651 - 423 -4411 Hearing Impaired 651- 423 - 6219 _Fax: 651- 423-5203 AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE FOR CARROUSEL PLAZA STREETS AND UTILITY IMPROVEMENTS CITY PROJECT #322 STATE OF MINNESOTA ) COUNTY OF DAKOTA )ss. CITY OF ROSEMOUNT ) Linda Jentink, being first duly sworn, deposes and says: i am a United States Citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On February 9, 2001, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and on February 9, 2001 deposited in the United States Post Office of Rosemount, Minnesota, copies of the attached notice of public hearing regarding the proposed Carrousel Plaza Street and Utility improvements, 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 ity Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this 9 day of February, 2001 s CINDY D+ORNIOEM K 10TARY PKU06L*)A > M1 ��Zpire$J4n.31.20 "No y Public CITY OF ROSEMOUNT 2875- `,TMt "AL etWest —4 Rosemount, MN Everything's Coming Up Rosemount!! 55068 -4997 Phone: 651- 4234411 Hearing Impaired 651- 423- 6219 Fax: 651 -423 -5203 PUBLIC NOTICE NOTICE OF PUBLIC HEARING ON IMPROVEh1EN7S CARROUSEL PLAZA STREETS AND UTILITY IMPROVEMENTS CITY PROJECT #322 TO WHOM IT MAY CONCERN; NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount, Minnesota will meet at 7 :30 o'clock p.m. or as soon thereafter as possible, Tuesday, March 6, 2001 in the Council Chambers of the City Hall, 2875 145th Street West, to consider the following improvements: City Project #322 — Carrousel Plaza Street and Utility Improvements The nature of improvements shall include the construction of streets, watermain, sanitary sewer, storm drain, bituminous trail and appurtenant work. The total estimated cost of said improvements is $657,000. The area proposed to be assessed for the foregoing improvements would be all that area generally described as the following: Parcel Identification Numbers 34- 16450- 012 -00; 011 -00; 34- 03210 -011- 25; 010 -32 as recorded in the City of Rosemount, Dakota County, Minnesota. Such person(s) as desires to be heard with reference to the proposed improvements will be heard at this meeting. Written or oral opinion will be considered. Dated this 6th day of February, 2001. BY ORDER OF THE CITY COUNCIL. Linda Jentink, erk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available - Please contact the City Clerk at (659)322 -2003, or TDD No. (651)423 -6219, no later than March 1, 2001, to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc r` r 34- 03210 - 0111 -25 34- 03210 - 010 -32 Joseph A & Jean M Doyle 34- 16450 - 012 -00 Harold & Anna L Wachter City Limits Lanes & Lounge Heritage Development 15400 Chippendale Avenue 15400 Robert Trail S 422 East County Road E Rosemount MN 55068 ' Rosemount, MN 55068 Little Canada MN 55117 34- 16450 - 011 -00 Carlson Properties of Rosemount 15125 South Robert Trail Rosemount, MN 55068 h:mailingkamuselplaza.322 The Rosemount Town Pages PUBLIC NOTICE ==w AFFIDAVIT OF PUBLICATION City of Rosemount wp Dakota County, Mmnislil Chad Richardson, being duly sworn, on oath says that he is an authorized k a ent of the newspap known as The publisher of the employee and g p NOTICE OF PU BLIC ,.= Rosemount Town Pages, and has full knowledge of the facts which are stat- HEARING Ol�i ed below: IMPROVEMENTS (A) The newspaper has complied with all of the requirements constituting CARROUSEL PLAZAS qualification as a legal newspaper, as provided by Minnesota Statutes , STREETS AND.UTILIJAL 331A.02, 331A.0 d ttthe` a iic ble laws as amen IMPROVEMENT$ The printed C�Y� \ \� – i -t–u— CITY PROJECT #322 -. TO WHOM IT MAY CONCERN NOTICE IS HEREBY GIVEN dust die City @owlet{ ofd , the City of Rosemount Minnesota will {taxi at 7:30 o'ckek which is attached, was cut from the column{ of said newspaper, and �V 1S t Pm• m soon tperoafter as FossiMe, Tltesday, tt ow( 2001 in the Council chamb ofd'eCity Hall, MS ttsth printed and published once each week for successive Street West, to consider the following urtpovpneasic R ks; it was first published on Friday, the day of 2001 and was thereafter rint and published on ever p y :as°t`t c 'hR°an�`"��'InTraVerient and Utility It[tprovement ��� � - ---- 3-- _ . _ .. _ .. _ , F ' to and Friday, the-- day of me tt of im�novemettrs Shan uultak ate coos¢ 2001; and printed bel is a Copy of the of streets, watennain, sanitary sewer, storm drain 1 lower case alphabet m A to Z, both inclusive, which is hereby being the size and kind of type used in the composition b, tatninpustnta and appurtertua [work. r ' T irsdmatri� siofsaidh;,vr�nent:usasrr000. acknowledged as -- The asea Pr scu To . ro be assesseirr' o11 tat Torl�'6id and publication of the notice: y desrnbed as ;die following: PatceLldentifieation Nu 34- 164 1 50. 012 -00; 011 -00; 34-03210-011 725; 010.32 as iernnktl in - - the Gty..of Rosemount Dakous,Coenty, Mimesma. -A :- &fghijkhurny xyz Such Person(s) as desires to be heanl with reference to n Proposed improvements will he heard at this raci g. Written or oral opinion will be considered. .: C Dated By diis 6th day of Februnry, 2001. h a a BY ORDER OF THE CITY COUNCIL y Subs.oflbed and sworn to before me on this day Undajentink, City Clot pf 2001. City0fRoretooMt -1 Dakota County, M*mmsm a t Auxiliary aide and services are available - PFraae c9NMR the City Clerk at (651)322. 2003, or TDD No.. (651)123- Notar ub11C y 6219. no later than Marci.1. 2001, to make a.regaest_� Examples of auxiliary aids or services may intrude, sign language interpreter, assistive listening kit, accessible , AFFIDAVIT meeting location, etc. 2/9-2/16. DAWN M SMITH ' NOTARY PUBLIC- MINNESOTk Et; ' My Gat*: -satin Expires Jan: 31, 2005