640 McFaddens Tr - Code Violation Letter
D Dougherty, Molenda-5olfest Hills & Bauer P.A.
OUV ET ,L MVLENLlA Robert B. Bauer
Direct dial: (952) 953-8847
Q ~o. Attorneys Advisors E-mail:.rbauer@dmshb.com
January 6, 2014
Shawn T. and Carrie L. Webster
640 McFaddens Trail
Eagan, MN 55123 office
7300 West 147th Street
Re: City Code Violation Suite 600
Apple Valley, MN 55124
(952) 432-3136 Phone
Dear Mr. and Mrs. Webster: (952) 432-3780 Fax
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 located approximately 10 feet from the normal ordinary Michael G. Dougherty=
high water level of Fitz Lake.
Michael E. Molenda `
Please be advised that under Eagan City Code, § 11.65, subd. 7, Fitz Lake is Loren M. Soifest'•=
classified as a General Development Lake within the City. As a General
Development Lake, structures, including accessory buildings, must contain Sharon K. Hies
minimum setbacks from normal ordinary high water level. Under Eagan City Code Robert B. Bauer
§ 11.65, subd. 8 B (1), a structure is required to have a minimum setback of 50 feet
Terrence A. Merritt
i
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. Annette M. Margarit
Stephen A. Ling:.
In addition to the shed, the City also discovered that the retaining wall constructed
on the west side of your home is located within the dedicated 30 foot drainage ChristineLCasseilius
utility easement. Brian J. Wisdorf z
It is the goal of the City to work with the property owners to ensure compliance Michael D. Klemm
with City Code and to make certain that there are no obstructions within its Matthew J. Schaap
dedicated drainage utility easement. Although the retaining wall is within the
dedicated drainage and utility easement, the City is willing to permit the retaining Ryan J.Bies
wall to remain in the easement area provided that you enter into an Encroachment William M. Topka
Agreement in a form acceptable to the city attorney. The Encroachment
Erin E. Boerschel
Agreement, would acknowledge that the retaining wall is located within a dedicated
easement area and that the City would permit the retaining wall to remain subject to Kelsey A. Nanrahan
the terms of the Encroachment Agreement. The agreement would generally provide Daniel M. Ryan
that if the City needs to undertake improvements within the easement area, it is not
responsible for any damage that may occur to your retaining wall.
1 Qualified Neutral Under Minn. Gen. R. Prac. 114 1 2 MSBA Board Certified Real Property Specialist
Individual Attorneys also Licensed in Wisconsin and Missouri
Page 2 of 2
Please contact the City's Water Resources Manager, Eric Macbeth, at 651-675-5300 within the
next 10 days to coordinate the relocation of the shed and also the preparation of the
Encroachment Agreement for your property.
Please note that the placement of any object within the City's dedicated drainage utility easement
is undertaken at your own risk as the City observes the right to access Fitz Lake through the
dedicated easements.
Should you have any question concerning this matter, please contact me or Mr. Macbeth. 'T'hank
you for your prompt attention to this matter.
Very truly yours,
DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A.
Robert B. Bauer
RBB/Imd
cc: Russ Matthys, Public Works Director
John Gorder, City Engineer
Eric Macbeth, Water Resources Coordinator