636 McFaddens Tr - Code Violation Letter
DDougherty,lenda, Salfest, Hills & Bauer P.A.
LTG RTY MQLENDA Robert B. Bauer
Direct dial: (952) 953-8847
Attorneys Advisors E-mail: rbauer@dmshb.com
January 6, 2014
Brian P. and Terry L. Williams
636 McFaddens Trail
Eagan, MN 55123-2178 Office
7300 West 147th Street
Re: City Code Violation suite 600
Apple Valleyā€˛ MN 55124
(952) 432-3136 Phone
Dear Mr. and Mrs. Williams: 1952)432-3780Fax
r
www.dmshb.com
This office serves as legal counsel to the City of Eagan as part of recent
improvements to benefit the water body known as Fitz Lake. City staff discovered Attorneys
that you have a shed that is permanently affixed to your property that is located Michael G. Dougherty'
approximately 20 feet from the normal ordinary high water level of Fitz Lake. City
staff also discovered that you have exposed electrical wires adjacent to the shed as Michael E. Molenda'
well as wires that lead into Fitz Lake. Loren M. solfest
Please be advised that under Eagan City Code, § 11.65, subd. 7, Fitz Lake is Sharon K. Hills
classified as a General Development Lake within the City. As a General Robert B. Bauer 1'
Development Lake, structures, including accessory buildings, must contain ,
minimum setbacks from normal ordinary high water level. Under Eagan City Code Terrence A. Merritt
§ 11.65, subd. 8 B (1), a structure is required to have a minimum setback of 50 feet Annette M. Margarit
from the normal ordinary high water level of Fitz Lake. As such, your shed must be
relocated in order to comply with the setback requirements. Additionally, any Stephen A. Ling
exposed electrical wires must be removed and all electrical work must be in Christine J. Cassellius
accordance with the state electrical code. Also please be advised the City prohibits Brian J.Wisciorf=
usage of motor-driven watercraft-except electric trolling motor-driven
watercraft-on all lakes and ponds within Eagan, according to City Code Sec. Michael D. Klemm
10.24
Matthew J. Schaap
It is the goal of the City to work with its residents to ensure compliance with City Ryan J. Bies
Code. Please contact the City's Water Resources Manager, Eric Macbeth at 651- William M. ropka
675-5300, to document that you have taken the necessary steps to comply with the
setback requirements and that all electrical work has been undertaken in accordance Erin E. Boerschel
with the State Electrical Code. Lastly, if you relocate the shed on your property Kelsey A.Hamahan
line, it would be within the City's dedicated drainage utility easement. Please note
that the placement of any object within the City's dedicated drainage utility Daniel M. Ryan
easement is undertaken at your own risk as the City reserves the right to access Fitz
Lake through the dedicated easements.
1 Qualified Neutral Under Minn, Gen. R. Prac. 114 i 2 MSBA Board Certified Real Property Specialist
Individual Attorneys also Licensed in Wisconsin and Missouri
Page 2 of 2
Should you have any question concerning this matter, please contact me or Mr. Macbeth. Thank
you for your prompt attention to this matter.
Very truly yours,
DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A.
Robert B. Bauer
RBB/lmd
Cc: Russ Matthys, Public Works Director
John Gorder, City Engineer
Eric Macbeth, Water Resources Manager