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702 Rosa Ct - Correspondence re Shoreland Zoning
City of Evan To: File, 702 Rosa Court From: Pamela Dudziak Date: August 8, 2012 Subject: Exempt from Shoreland Zoning Purpose The purpose of this memo is to document the exemption from Shoreland Zoning standards for future reference. Background The City denied a building permit application for a porch addition to the single - family home at 702 Rosa Court because the proposal would have exceeded 25% impervious coverage. Per the Zoning Map, the property is located within the Shoreland Overlay District of Fitz and Holz Lakes, both DNR protected Shoreland waterbodies. In speaking with the homeowner and explaining the purpose and intent of the shoreland zoning and limitations on impervious coverage, the homeowner inquired if the property could be exempt from the regulations because she didn't think it drained that direction. Conclusion I followed up with Engineering and Water Resources staff, who confirmed that the site does not drain to Fitz and Holz Lakes. Since shoreland zoning applies only to the extent of the watershed divide, it is outside of the Shoreland district for these two waterbodies. Furthermore, it was determined that the property does ultimately drain to McDonough Lake in Lebanon Hills Regional Park, however, it is outside of the 1,000' Shoreland boundary for that lake, so not subject to Shoreland zoning standards for that lake either. Therefore, I instructed the homeowner to reapply for the building permit. Sarah Brandel From: Pam Dudziak Sent: Wednesday, August 08, 2012 2:31 PM To: Eric Macbeth Cc: John Gorder; Gregg Thompson Subject: RE: 702 Rosa Court Okay, since this property is outside of the watershed for Fitz or Holz Lake, and more than 1,000' from MCDonough Lake, it is exempt from the Shoreland ordinance requirements, including the 25% max impervious. I will let the homeowner know, write a memo to the parcel file, keep a copy of the e -mail as supporting documentation, and have them reapply for the building permit. Thank youl Pam Pamela Dudziak 1 Planner City of Eagan City Hall 1 3830 Pilot Knob Road I Eagan, MN 55122 1 651 -675 -5691 1 651- 675 -5694 (Fax) I pdudziakacitvofeagan,com From: Eric Macbeth Sent: Wednesday, August 08, 2012 12:00 PM To: Pam Dudziak Cc: John Gorder; Gregg Thompson Subject: RE: 702 Rosa Court Pam, Also, here's a screenshot from our zoning map: 1 Ay of Etali THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. I concur with Gregg and recall the stormwater management plan of this development when it was going through the approval process. Eric Macbeth 1 Water Resources Manager Maintenance Facility 1 3501 Coachman Point 1 Eagan, MN 55122 -1452 651 - 675 -5300 1 651 - 576 -5360 (Fax) 1 emacbeth ©cityofeagan.com www. cityofeagan .com /lakesandwetlands www.citvofeagan.com /fishing www,cityofeagan.com /watersmart THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the Intended recipient. If you received this in error, please contact the sender and delete the e -mail and Its attachments from all computers. From: Gregg Thompson Sent: Monday, August 06, 2012 4:10 PM To: Pam Dudziak Cc: John Gorder; Eric Macbeth Subject: RE: 702 Rosa Court It appears that their runoff would ultimately flow into LP -45 (McDonough Lake): - from LP -25.4, - to LP -25.3, - to LP -25.2, to _LP -25.1, - to LP -25, - to LP -45 via ditch /swale Attached is an aerial with the area stormwater infrastructure shown. The west edge of their property is approximately 1,760' east of McDonough Lake. Gregg From: Pam Dudziak Sent: Monday, August 06, 2012 4:00 PM To: Gregg Thompson Cc: John Gorder; Eric Macbeth Subject: RE: 702 Rosa Court i t U!f hpli Does the storm water end up in McDonough (LP -45) or Schulze Lake (LP -24) within the Park? Those two are also Shoreland waterbodies. This homeowner can see on the map that only part of their property is in the Shoreland zoning. The neighbor to two houses to the east, with a smaller lot and a swimming pool, has way more than 25% impervious (but that might have been before we started counting swimming pools toward impervious coverage), and their neighbor to the west is outside the Shoreland zoning boundary altogether. I'm sure all of them drain to one of the Shoreland lakes in this area, but this homeowner feels like they are being unfairly restricted from making this improvement. 2 t >t in Fat a ct �l�plat PuldIngs ta ndilrl Per iz tato gniveis cl� Ptinnlirq Wets rasteuons 1i#tr tknls Ptat€ Dna Nimes, PrEttA nevi agtand Zoning *els Stt Name Zia J%%tiotobety ( wAtm utclty' iC l::kwator m +i t Water Hatihok R etAtor Ndetti Small Attour ifOrant DWater trresa ttedl HAM EIWAtet 'AIWA A ttie £ Sanitary UMW WINN* Sant ry Vats Sartitary ► ter Station r SanitaryF LiR Station Li$aeukary iisnFlptp L ' t ltaey atwtty ilaRt PSanitaity Foto Mil Duos! Sworn 'valve $tOfTlok Digit 9a Pcak Pamela Dudziak 1 Planner 1 City of Eagan City Hall 1 3830 Pilot Knob Road I Eagan, MN 55122 1 651 - 675 -5691 1 651- 675 -5694 (Fax) I pdudziak ancitvofeagan.com THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this In error, please contact the sender and delete the e-mail and Its attachments from all computers. From: Gregg Thompson Sent: Monday, August 06, 2012 3:31 PM To: Pam Dudziak Cc: John Gorder; Eric Macbeth Subject: RE: 702 Rosa Court Pa m, I checked the stormwater map and this property (702 Rosa Court) does not drain into either Fitz or Holz, but drains into a network of stormwater ponds (starting with LP -25.4) that ultimately overflow into Lebanon Hills. This property is just beyond the drainage boundary for Fitz and Holz —their neighbor two lots to the east drains indirectly into Holz and their backyard neighbor drains indirectly to Fitz. I hope this helps. Gregg From: Pam Dudziak Sent: Monday, August 06, 2012 3:00 PM To: John Gorder; Eric Macbeth 3 Cc: Gregg Thompson Subject: 702 Rosa Court John and Eric, The homeowner at 702 Rosa Court wants to add a porch addition and we denied the building permit because their lot would exceed the 25% impervious coverage. Their lot is about 2/3 within the Shoreland Overlay of Fitz Lake, or maybe Holz Lake. Can one of you confirm that this lot does indeed drain to one of those lakes. In my conversations with the homeowner and explaining the purpose of Shoreland zoning, I mentioned that some cases a property has been exempted from the impervious max if it does not drain to a Shoreland waterbody, and they wanted me to check that for their lot in particular. (Interestingly, they are friends with the Oettinger's from McFadden's Trail, who did a CUP to exceed 25% impervious in 2008 and ended up replacing their entire driveway with pervious pavers to put in a swimming pool. Apparently, the Oettinger's have since moved. ) Pam 8r �inletncI I Mft)tf norm %AO, 1: gift* fa• Shorttusd Zc tl .r[.ak StrOet 444/6 hoarse FGdy Warm MAC, KNOW% _WNW $0 L7 Water4i tnigk5tract Ow te+lterfraalt B WAW-Pitidikoftt 144% Wintstaterai iheti 7 iNdr4ttt Zones IJSanittaty Utility Lvws t gotKeet MAR SEAM 05aglRUp Marl** Cisaitivoyfirotty Pamela Dudziak 1 Planner 1 City of Eagan City Hall 1 3830 Pilot Knob Road 1 Eagan, MN 55122 1 651- 675 -5691 1 651- 675 -5694 (Fax)! pdudziakC cityofeagan.com fly of Eapll THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. 4