05.a1 Public Comments Addition Holker_Water Oriented StructuresFrom:Jeff Holker
To:mail; Kyle Morell
Subject:Fwd: Water Oriented Accessory Structures
Date:Thursday, November 7, 2024 3:06:31 PM
Good Day,
We are homeowners at 12140 196th Street North. We purchased this property in November
2018, and began the very arduous and expensive process of obtaining all the required
documents, surveys, approvals, variances, and permits to insure we were in full compliance
with all requirements. We were also very concerned with protecting the lake and water quality
to the best of our ability, both during reconstruction and going forward. We were also very
cognizant of our neighbors continued enjoyment of their properties, and did our very best to
avoid any issues with their desires and rights. We were finally able to begin demolition and
reconstruction in September 2022 and moved back in to our new home March 2023.
We are very concerned and strongly against changes the current Shoreland Ordinances based
on the following:
- The DNR Model Ordinance is intended as a guideline for undeveloped Shoreline
and Acreage of 160' Wide and 2.5+ Acres, an extremely rare situation in Scandia. Most
lakeshore lots and structures in Scandia were platted and built on prior to current
ordinances being in place. Even in situations where older structures are removed, and new
ones built, they cannot further encroach on the OHWL and sight lines. On Big Marine Lake,
there are a high percentage of structures that exist on 50' or narrower lots, creating very high
density and limited visibility. Elevation contours, along with numerous bays and points on the
lake, further increase reliance on all neighbors "doing the right thing" for each other to
minimize conflicts. This is also the case on other lakes within Scandia.
- Construction of additional impervious surfaces very close to Shorelines will dramatically
increase the speed of water runoff and increase erosion and negatively impact water quality.
The City and Watersheds have continued to invest significant taxpayer dollars to help control
runoff and improve the waters within the city, and adopting this change in ordinance would be
a big step backwards.
- Given the proposed allowed structures of up to 250 SF and 10 foot plus railing heights
(minimum 42 inches), 100% vegetative screening of these structures would be nearly
impossible to create, maintain, and enforce, and would further degrade sight lines and
neighbor relations. There are very few, if any, Native Vegetation options that could be planted
or grown in big enough sizes to even come close to screening this type of structure, and
ongoing damage and die off of this screening would be an almost certainty. There is also the
very real issue of ice heaves and shoreline erosion/damage to both structures and any attempts
at screening. Repairs would be required and who is going to verify those repairs are
completed in a timely manner and correctly ?
- With very limited approvals or due diligence required, and no requirements for Site and
Grading plans or Site Surveys prior to construction, the structures location and OHWL
determination would be left to the property owners interpretation, and would very likely be
incorrect a high percentage of the time. This would result in even more violations than exists
in the current process, and without a reliable vehicle to address corrections to these violations.
After attending the recent Watershed Meeting, it appears that Compliance and Enforcement
would fall on the city, and we would seriously question if there is realistically the bandwidth
in current City staffing to take that on.
- Without a strict and well written ordinance, rigorous inspection and enforcement, evidence
of need/hardship, and complete transparency, "uncontrolled use of Shoreland" will prevail.
If these structures are allowed to be constructed, there is no turning back, and they are there
forever more. Pandora's box will be open, and a significant percentage of property owners will
stretch/break the protections in place and do whatever they want.
In closing, we really have to question how big an issue really exists currently. We have
participated in, and observed a significant number of Planning Commission and City Council
meetings over the past 4-5 years and only recall 1-2 new Lakeshore Variance requests per
month. This does not seem to be extraordinary or unmanageable. We seriously doubt that the
revised ordinance would achieve the desired effects, and would most certainly negatively
impact water quality, neighbor relationships, and property owner to city interactions. To quote
an old 20th Century expression, "If it ain't broke, don't fix it".
Thank You for your consideration and please feel to contact us should you have questions.
Regards,
Jeff and Josie Holker