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08.b1 Bruggeman Variance (Driveway) - CC Packet 1 | P a g e Date of Meeting: April 15, 2025 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: Variances for an Impervious Surface in the Ordinary High Water Level Setback for 19489 Manning Trail North Applicant: Paul Bruggeman Zoning: RR-G, SM-O Owner: Denise Bruggeman Future Land Use: General Rural Location: PID 29.032.20.32.0019 Review Deadline May 21, 2025 (15.99 waived by applicant) The applicant is requesting approval for an after the fact variance to for an impervious surface (driveway) within the setback from the ordinary high-water level (OHWL) and from a wetland. Since submitting the application, the applicant has constructed the path without approval. BACKGROUND The application was heard at the October 1, 2024, meeting and a public hearing was held. No comments were made. The applicant requested the application be tabled. The Planning Commission motioned to table the application with a 4-0 vote (Loeffler absent). The packet from the October meeting is attached and includes the background, evaluation of criteria, and analysis of the application. The Planning Commission reviewed and recommended the application for approval at the December 3, 2024, meeting. At the December 17, 2024, City Council meeting the Council reviewed the application and discussed concerns regarding the conditions in the staff report with the applicant. The applicant indicated that they would be interested in further discussing the conditions and other potential requests with the Planning Commission. The applicant verbally and with a written statement, waived their right to a timely review under Minnesota Statute 15.99 for an additional 120 days. The City Council then motioned to recommended the application back to the Planning Commission. 2 | P a g e Staff met with the applicant on site in January and reviewed the property history. Staff established a history of the site and identified an area where intensive vegetation clearing occurred. Staff proposed corrective action to address the issues in a lett er dated February 11, 2025, which is attached. The applicant also inquired about the possibility of amending the shoreland ordinance to allow for multiple view corridors. Staff reached out to the Area Hydrologist to understand if this is something that the Department of Natural Resources would allow in a shoreland ordinance. The Area Hydrologist noted they would not support multiple view corridors. This was conveyed to the applicant in the above referenced letter. The applicant is free to make any application that they wish to the City and at this time no additional requests have been received. ANALYSIS Planning Commission The application was referred back to the Planning Commission and was heard at the March 3, 2025, meeting. Staff did not receive any additional request from the applicant but presented a revised resolution that addressed the issues identified in the February 11, 2025, letter. These were included as conditions 5a and 5b. 5. Restoration of perennial vegetation and trees shall be completed by June 1st, 2025. a. Work with either Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District to establish deep rooted woody and herbaceous vegetation with a high stem-density plantings along the retaining wall and allow the area to remain in a natural state once plantings are established. Minimum maintenance is be allowed to ensure the retaining wall is functional. b. Work with either Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District and the City to identify areas where either three deciduous trees at least 2.5 caliper inches/coniferous trees at least 6 feet in height or two deciduous trees at least 4 caliper inches/coniferous trees at least 12 feet in heigh can be planted. These shall be located to aid in slope stabilization and shall be of a species that has deep root to aid in slope stabilization. Alternatively, if no location exists for slope stabilization as determined by the Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District, these trees can be located to create screening to aid in the establishment of a view corridor. Staff noted that these actions were recommended in the letter as they were consistent with the current standards in 8.23, whereas under the previous standards (prior to the Shoreland Ordinance being amended in March of 2024), the intensive vegetation clearing would have been considered a misdemeanor and processed through criminal charges. Staff noted that if the conditions were not adopted through the resolution, the issue would have to be addressed through the code enforcement process. The applicant spoke and stated that they wish to establish a view corridor from the principal dwelling and they were opposed to conditions 5a and 5b within the staff report and that previous staff approved clearing of trees. The applicant stated that the clearing identified in the February 3 | P a g e 11, 2025, letter is 1.6% of the area of the lot. The applicant stated they had done substantial plantings throughout the lot and had relocated stormwater management facilities to save trees on the lot. The applicant stated that they are not willing to alter the retaining wall plantings to meet the conditions. The Planning Commission discussed the application and reviewed the definition for “Intensive vegetation clearing” and section 8.23 of the Shoreland Ordinance, which addresses limited clearing allowances to create a view of water, from both the previous Shoreland Ordinance and the current version which was amended in March of 2024. The Planning Commission further discussed the conditions in the resolution and staff noted amendments to the conditions that could be made to address clarity and concerns from the applicant. The Planning Commission moved to recommend approval of the request with three amendments. The motion was approved with a vote of 5-0. The amendments included striking the below text that is struckthrough and adding the text that is red and underlined: 4. The applicant shall submit an exhibit documenting the view corridor on the property. The view corridor shall be a single contiguous corridor of 50 feet. The applicant shall restore areas outside of the view corridor where intensive vegetation clearing was performed in the bluff impact zone. 5. Restoration of perennial vegetation and trees shall be completed by June 1st, 2025. c. Work with either Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District to establish deep rooted woody and herbaceous vegetation with a high stem-density plantings along the retaining wall and allow the area to remain in a natural state once plantings are established. Minimum maintenance is be allowed to ensure the retaining wall is functional. d. Work with either Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District and the City to identify areas where either three deciduous trees at least 2.5 caliper inches/coniferous trees at least 6 feet in height or two deciduous trees at least 4 caliper inches/coniferous trees at least 12 feet in heigh can be planted locate suitable places for additional tree plantings. These The additional plantings shall be located to aid in slope stabilization and shall be of a species that has deep rooted species to aid in slope stabilization. Alternatively, if no location exists for slope stabilization as determined by the Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District, these trees can be located to create screening to aid in the establishment of a view corridor. Restoration is only required for healthy trees that were removed without a validly issued permit for the area in question. Tree replacement shall be subject to Section 153.400.700 Woodland and Tree Preservation Subd. 2 (B) IV of the Unified Development Code. Staff Analysis Staff finds that the proposed plan is generally consistent with the Comprehensive Plan and Zoning Ordinance. Where the proposal is not consistent, staff has included conditions to bring the proposal into compliance. 4 | P a g e Staff believes the conditions recommended by the Planning Commission are reasonable and address the issues addressed on the site. Staff notes that discussion regarding establishing a view corridor for the principal dwelling is not germane to the application being considered outside of condition 4 in the attached resolution. Based on the applicant’s claim of previous approval and direction from the Planning Commission, staff have reviewed the previous approvals for the property and have no record of any approval of clearing of trees or the creation of a view for the principal dwelling. As indicated by condition 4, should the applicant wish to establish a view corridor for the principal dwelling, the applicant should submit documentation showing the proposed corridor that meets the standards established in the Shoreland Ordinance. COUNCIL ACTION The City Council can do one of the following: 1. Approve, with or without conditions, of the attached resolution. 2. Deny, with findings, of the attached resolution. 3. Table the request for further review/study. RECOMMENDATIONS The Planning Commission recommends approval of the request for an after-the-fact variance for an impervious surface (driveway) within the setback from the ordinary high -water level (OHWL) and from a wetland at 19489 Manning Trail North. Approval includes a resolution: Motion to recommend approval of Resolution 04-15-25-01 to approve an after-the-fact variance to allow for the construction of an impervious path, with findings and conditions as described by staff within the staff report. The following findings are recommended: 1. The proposed use for an impervious surface (impervious path) is a reasonable use. The City approved the location of the accessory dwelling unit (ADU) in 2021 and providing access to the legally nonconforming structure is reasonable for the personal use of the property as well as emergency services. 2. The location and need for the path are unique to the property. The proposed impervious path is needed to do circumstances created by the landowner, however, the path is necessary to access a legally nonconforming structure. 3. If the variance were granted, it would not alter the essential character of the locality. 4. Economic conditions are not solely a factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the 5 | P a g e danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. Construction of the impervious path is the minimum action required to eliminate the practical difficulty of accessing the ADU. The following conditions are recommended: 1. The impervious surface shall be in substantial compliance with the site plan reviewed with this application and dated, subject to conditions. 2. The impervious surface shall not be expanded in either length or width without approval of the City Council through an application for an amendment to this Resolution. 3. The impervious path shall not be wider than 10 feet. 4. The applicant shall submit an exhibit documenting the view corridor on the property. The view corridor shall be a single contiguous corridor of 50 feet. 5. Restoration of perennial vegetation and trees shall be completed by June 1st, 2025. a. Work with either Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District to establish deep rooted woody and herbaceous vegetation with a high stem-density plantings along the retaining wall and allow the area to remain in a natural state once plantings are established. Minimum maintenance is be allowed to ensure the retaining wall is functional. b. Work with either Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District and the City to locate suitable places for additional tree plantings. The additional plantings shall be located to aid in slope stabilization and shall be of a deep-rooted species. Alternatively, if no location exists for slope stabilization as determined by the Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District, these trees can be located to create screening to aid in the establishment of a view corridor. Restoration is only required for healthy trees that were removed without a validly issued permit for the area in question. Tree replacement shall be subject to Section 153.400.700 Woodland and Tree Preservation Subd. 2 (B) IV of the Unified Development Code. 6. The applicant shall acquire any required permits from the Carnelian-Marine-St. Croix Watershed District and comply with their requirements. 7. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 8. The applicant shall pay all fees and escrows associated with this application. 6 | P a g e Attachments A. Resolution 04-15-25-01 Approving a Variance for an Impervious Surface B. Site Visit Follow Up and View Corridors (PID 29.032.20.32.0019) Letter, dated February 11, 2025 C. 15.99 Waiver, signed by applicant December 17, 2024. D. 15.99 Waiver, email from applicant dated March 13, 2025. E. Planning Commission “Variances for an Impervious Surface in the Ordinary High Water Level Setback for 19489 Manning Trail North” Packet, dated March 4, 2025 (link only) CITY OF SCANDIA RESOLUTION NO. 04-15-25-01 APPROVING A VARIANCE FOR AN IMPERVIOUS SURFACE WITHIN THE SETBACK OF THE ORDINARY HIGH WATER LEVEL AND WETLAND FOR PARCEL 29.032.20.32.0019 LOCATED AT 19489 MANNING TRAIL NORTH WHEREAS, Paul Bruggeman (the “applicant”), has requested and made an application for a 24.8-foot variance from the 100-foot ordinary high water level setback for an impervious surface and a 3.88-foot variance from the 75-foot wetland setback on a property located at 19489 Manning Trail North and the property is legally described as: See Attachment A; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on October 1, 2024, and tabled the variance request at the request of the applicant; and WHEREAS, the applicant was notified by the City of Scandia that the review of the application was extended an addition 60 days pursuant to Minnesota Statute 15.99; and, WHEREAS, the Planning Commission reviewed the variance request at a regularly scheduled meeting on December 3, 2024, and recommended that the City Council approve the request, as amended; WHEREAS, the City Council reviewed the variance request at a regularly scheduled meeting on December 171, 2024, and, in agreement with the applicant, referred the variance request to the Planning Commission; and, WHEREAS, the applicant submitted a statement waiving the 120 day deadline established in Minnesota Statute 15.99 for the City to act upon the request, extending the deadline to April 16, 2025; and, WHEREAS, the Planning Commission reviewed the variance request at a regularly scheduled meeting on March 4, 2025, and recommended that the City Council approve the request, as amended; WHEREAS, the applicant submitted a statement waiving the 120 day deadline established in Minnesota Statute 15.99 for the City to act upon the request, extending the deadline to May 21, 2025; and, WHEREAS, the City Council reviewed the variance request at a regularly scheduled meeting on April 15, 2025, and motioned to approve the request, with findings and conditions included within the report from city staff; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve, a 24.8-foot variance from the 100-foot ordinary high water level setback for an impervious surface and a 3.88-foot variance from the 75-foot wetland setback, based on the following findings: 1. The proposed use for an impervious surface (impervious path) is a reasonable use. The City approved the location of the accessory dwelling unit (ADU) in 2021 and providing access to the legally nonconforming structure is reasonable for the personal use of the property as well as emergency services. 2. The location and need for the path are unique to the property. The proposed impervious path is needed to do circumstances created by the landowner, however, the path is necessary to access a legally nonconforming structure. 3. If the variance were granted, it would not alter the essential character of the locality. 4. Economic conditions are not solely a factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. Construction of the impervious path is the minimum action required to eliminate the practical difficulty of accessing the ADU. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The impervious surface shall be in substantial compliance with the site plan reviewed with this application and dated, subject to conditions. 2. The impervious surface shall not be expanded in either length or width without approval of the City Council through an application for an amendment to this Resolution. 3. The impervious path shall not be wider than 10 feet. 4. The applicant shall submit an exhibit documenting the view corridor on the property. The view corridor shall be a single contiguous corridor of 50 feet. 5. Restoration of perennial vegetation and trees shall be completed by June 1st, 2025. a. Work with either Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District to establish deep rooted woody and herbaceous vegetation with a high stem-density plantings along the retaining wall and allow the area to remain in a natural state once plantings are established. Minimum maintenance is be allowed to ensure the retaining wall is functional. b. Work with either Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District and the City to locate suitable places for additional tree plantings. The additional plantings shall be located to aid in slope stabilization and shall be of a deep-rooted species. Alternatively, if no location exists for slope stabilization as determined by the Carnelian-Marine- St. Croix Watershed District or the Washington Conservation District, these trees can be located to create screening to aid in the establishment of a view corridor. Restoration is only required for healthy trees that were removed without a validly issued permit for the area in question. Tree replacement shall be subject to Section 153.400.700 Woodland and Tree Preservation Subd. 2 (B) IV of the Unified Development Code. 6. The applicant shall acquire any required permits from the Carnelian-Marine-St. Croix Watershed District and comply with their requirements. 7. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 8. The applicant shall pay all fees and escrows associated with this application. Whereupon, said Resolution is hereby declared adopted on this 15th day of April 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator Attachment A ALL THAT PART OF LOT 7 OF SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT IN THE NORTH LINE OF SAID LOT 7, 1364.00 FEET EAST OF THE NORTHWEST CORNER THEREOF, THENCE SOUTH 150.00 FEET, THENCE SOUTH 27 DEGREES 30 MINUTES 00 SECONDS WEST, 190.00 FEET TO THE INITIAL POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE TO THE RIGHT ALONG THE CIRCUMFERENCE OF A CURVE WITH A RADIUS OF 45.50 FEET, A DISTANCE OF 104.43 FEET, THENCE NORTH 21 DEGREES WEST 167.60 FEET; THENCE SOUTH 68 DEGREES WEST 54.5 FEET; THENCE SOUTH 4 DEGREES 20 MINUTES EAST 179.00 FEET, THENCE SOUTH 4 DEGREES 30 MINUTES WEST 177.00 FEET, THENCE SOUTRH 10 DEGREES 40 MINUTES EAST 84 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG THE SHORE 356.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS SOUTH 44 DEGREES 15 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE NORTHWESTERLY TO THE POINT OF BEGINNING. ALL THAT PART OF LOT 7, IN SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS: TO-WIT: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 7, 1364.00 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 150.00 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30 MINUTES WEST 190.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREBY CONVEYED; THENCE SOUTH 44 DEGREES 15 MINUTES EAST 176.00 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG SAID SHORE 64.10 FEET TO A POINT; THENCE NORTH 49 DEGREES WEST 198.60 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30 MINUTES WEST 50.00 FEET TO THE POINT OF BEGINNING. 1 TJ Hofer From:Paul Bruggeman <paul@bruggemanbuilders.com> Sent:Thursday, March 13, 2025 1:06 PM To:Kyle Morell Cc:TJ Hofer; b.eklund Subject:Re: Variance for Path Yes I am willing to wave my 15.99 for a second time. Sent from my iPhone On Mar 13, 2025, at 10:52 AM, Kyle Morell <k.morell@ci.scandia.mn.us> wrote: Paul, Correct, you extended the deadline for a decision at the December Council meeting by 120 days. That period expires on April 16, 2025, and it would be sufficient if the Council heard your application again next week. Based on the advice of the City Attorney, we are requesting a further extension to May 21, 2025. If you are unwilling to grant another extension, the Council will review your application next week. Kyle H. Morell City Administrator City of Scandia 14727 209th Street North Scandia, MN 55073 Phone: 651.433.2274 Fax: 651-433-5112 Cell: 651.245.2654 Web: www.cityofscandia.com Email: k.morell@ci.scandia.mn.us <image001.jpg> From: Paul Bruggeman <paul@bruggemanbuilders.com> Sent: Thursday, March 13, 2025 11:23 AM To: Kyle Morell <k.morell@ci.scandia.mn.us> Cc: TJ Hofer <tj.hofer@bolton-menk.com>; b.eklund <b.eklund@ci.scandia.mn.us> Subject: Re: Variance for Path Kyle, Thank you, for moving the date. Yes I’m am will to wave my 15.99 for the 2nd time. I thought we discussed this and I gave you guys 120 days from one of our last meetings. Hopefully this will suffice. Sent from my iPhone 2 On Mar 13, 2025, at 8:23 AM, Kyle Morell <k.morell@ci.scandia.mn.us> wrote: Paul, We are willing to pull approval of your variance application from the March 18 Council meeting and bring it back at the April 15 meeting so you can attend. In order to do this, please reply to this email stating you are willing to waive your 15.99 rights until May 21, 2025. Let me know if you have any questions. Kyle H. Morell City Administrator City of Scandia 14727 209th Street North Scandia, MN 55073 Phone: 651.433.2274 Fax: 651-433-5112 Cell: 651.245.2654 Web: www.cityofscandia.com Email: k.morell@ci.scandia.mn.us <image001.jpg> 1 | P a g e Date of Meeting: March 3, 2025 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Variances for an Impervious Surface in the Ordinary High Water Level Setback for 19489 Manning Trail North Applicant: Paul Bruggeman Zoning: RR-G, SM-O Owner: Denise Bruggeman Future Land Use: General Rural Location: PID 29.032.20.32.0019 Review Deadline November 4, 2024 The applicant is requesting approval for an after the fact variance to for an impervious surface (driveway) within the setback from the ordinary high-water level (OHWL) and from a wetland. Since submitting the application, the applicant has constructed the path without approval. BACKGROUND The application was heard at the October 1, 2024, meeting and a public hearing was held. No comments were made. The applicant requested the application be tabled. The Planning Commission motioned to table the application with a 4-0 vote (Loeffler absent). The packet from the October meeting is attached and includes the background, evaluation of criteria, and analysis of the application. The applicant has reached out to City staff regarding concerns about the conditions included within the staff report. Staff have amended the language within the staff report to separate conditions recommended by City staff and conditions recommended by the Watershed. The Planning Commission reviewed and recommended the application for approval at the December 3, 2024, meeting. At the December 17, 2024, City Council meeting the Council reviewed the application and discussed concerns regarding the conditions in the staff report with the applicant. The applicant indicated that they would be interested in further discussing the 2 | P a g e conditions and other potential requests with the Planning Commission. The applicant verbally and with a written statement, waived their right to a timely review under Minnesota Statute 15.99 for an additional 120 days. The City Council then motioned to recommended the application back to the Planning Commission. Staff met with the applicant on site in January and reviewed the property history. Staff established a history of the site and identified an area where intensive vegetation clearing occurred. Staff proposed corrective action to address the issues in a lett er which is attached. The applicant also inquired about the possibility of amending the shoreland ordinance to allow for multiple view corridors. Staff reached out to the Area Hydrologist to understand if this is something that the Department of Natural Resources would allow in a shoreland ordinance. This was conveyed to the applicant in the above referenced letter. The applicant is free to make any application that they wish to the City and at this time no additional requests have been received. COMMISSION ACTION The Planning Commission can do one of the following: 1. Recommend approval, with or without conditions, of the attached ordinance and resolutions. 2. Recommend denial, with findings, of the attached ordinance and resolutions. 3. Table the request for further review/study. Staff recommends that the Planning Commission recommend approval of the request for an after the fact variance to for an impervious surface (driveway) within the setback from the ordinary high-water level (OHWL) and from a wetland as 19489 Manning Trail North. Approval includes a resolution. Staff have included two new conditions based on the letter dated February 6, 2025, as conditions 5a and 5b. The following findings are recommended: 1. The proposed use for an impervious surface (impervious path) is a reasonable use. The City approved the location of the accessory dwelling unit (ADU) in 2021 and providing access to the legally nonconforming structure is reasonable for the personal use of the property as well as emergency services. 2. The location and need for the path are unique to the property. The proposed impervious path is needed to do circumstances created by the landowner, however, the path is necessary to access a legally nonconforming structure. 3. If the variance were granted, it would not alter the essential character of the locality. 4. Economic conditions are not solely a factor in the variance. 3 | P a g e 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. Construction of the impervious path is the minimum action required to eliminate the practical difficulty of accessing the ADU. The following conditions are recommended: 1. The impervious surface shall be in substantial compliance with the site plan reviewed with this application and dated, subject to conditions. 2. The impervious surface shall not be expanded in either length or width without approval of the City Council through an application for an amendment to this Resolution. 3. The impervious path shall not be wider than 10 feet. 4. The applicant shall submit an exhibit documenting the view corridor on the property. The view corridor shall be a single contiguous corridor of 50 feet. The applicant shall restore areas outside of the view corridor where intensive vegetation clearing was performed in the bluff impact zone. 5. Restoration of perennial vegetation and trees shall be completed by June 1st, 2025. a. Work with either Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District to establish deep rooted woody and herbaceous vegetation with a high stem-density plantings along the retaining wall and allow the area to remain in a natural state once plantings are established. Minimum maintenance is be allowed to ensure the retaining wall is functional. b. Work with either Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District and the City to identify areas where either three deciduous trees at least 2.5 caliper inches/coniferous trees at least 6 feet in height or two deciduous trees at least 4 caliper inches/coniferous trees at least 12 feet in heigh can be planted. These shall be located to aid in slope stabilization and shall be of a species that has deep root to aid in slope stabilization. Alternatively, if no location exists for slope stabilization as determined by the Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District, these trees can be located to create screening to aid in the establishment of a view corridor. 6. The applicant shall acquire any required permits from the Carnelian-Marine-St. Croix Watershed District and comply with their requirements. 4 | P a g e 7. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 8. The applicant shall pay all fees and escrows associated with this application. STAFF RECOMMENDATIONS Staff recommends the Planning Commission: Motion to recommend approval of the attached resolution to approve an after-the-fact variance to allow for construction of an impervious path, with conditions as described by staff within the staff report. Attachments A. Resolution 03-18-25-XX Approving a Variance for an Impervious Surface B. Site Visit Follow Up and View Corridors (PID 29.032.20.32.0019) Letter, dated February 11, 2025 C. City Council “Variances for an Impervious Surface in the Ordinary High Water Level Setback for 19489 Manning Trail North” Packet, dated December 17, 2024 (link only ) CITY OF SCANDIA RESOLUTION NO. 03-18-25-XX APPROVING A VARIANCE FOR AN IMPERVIOUS SURFACE WITHIN THE SETBACK OF THE ORDINARY HIGH WATER LEVEL AND WETLAND FOR PARCEL 29.032.20.32.0019 LOCATED AT 19489 MANNING TRAIL NORTH WHEREAS, Paul Bruggeman (the “applicant”), has requested and made an application for a 24.8- foot variance from the 100-foot ordinary high water level setback for an impervious surface and a 3.88-foot variance from the 75-foot wetland setback on a property located at 19489 Manning Trail North and the property is legally described as: See Attachment A; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on October 1, 2024, and recommended that the City Council approve the request; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve, a 24.8-foot variance from the 100-foot ordinary high water level setback for an impervious surface and a 3.88-foot variance from the 75-foot wetland setback, based on the following findings: 1. The proposed use for an impervious surface (impervious path) is a reasonable use. The City approved the location of the accessory dwelling unit (ADU) in 2021 and providing access to the legally nonconforming structure is reasonable for the personal use of the property as well as emergency services. 2. The location and need for the path are unique to the property. The proposed impervious path is needed to do circumstances created by the landowner, however, the path is necessary to access a legally nonconforming structure. 3. If the variance were granted, it would not alter the essential character of the locality. 4. Economic conditions are not solely a factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. Construction of the impervious path is the minimum action required to eliminate the practical difficulty of accessing the ADU. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The impervious surface shall be in substantial compliance with the site plan reviewed with this application and dated, subject to conditions. 2. The impervious surface shall not be expanded in either length or width without approval of the City Council through an application for an amendment to this Resolution. 3. The impervious path shall not be wider than 10 feet. 4. The applicant shall submit an exhibit documenting the view corridor on the property. The view corridor shall be a single contiguous corridor of 50 feet. The applicant shall restore areas outside of the view corridor where intensive vegetation clearing was performed in the bluff impact zone. 5. Restoration of perennial vegetation and trees shall be completed by June 1st, 2025. a. Work with either Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District to establish deep rooted woody and herbaceous vegetation with a high stem-density plantings along the retaining wall and allow the area to remain in a natural state once plantings are established. Minimum maintenance is be allowed to ensure the retaining wall is functional. b. Work with either Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District and the City to identify areas where either three deciduous trees at least 2.5 caliper inches/coniferous trees at least 6 feet in height or two deciduous trees at least 4 caliper inches/coniferous trees at least 12 feet in heigh can be planted. These shall be located to aid in slope stabilization and shall be of a species that has deep root to aid in slope stabilization. Alternatively, if no location exists for slope stabilization as determined by the Carnelian-Marine-St. Croix Watershed District or the Washington Conservation District, these trees can be located to create screening to aid in the establishment of a view corridor. 6. The applicant shall acquire any required permits from the Carnelian-Marine-St. Croix Watershed District and comply with their requirements. 7. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 8. The applicant shall pay all fees and escrows associated with this application. Whereupon, said Resolution is hereby declared adopted on this 18th day of February 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator Attachment A ALL THAT PART OF LOT 7 OF SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT IN THE NORTH LINE OF SAID LOT 7, 1364.00 FEET EAST OF THE NORTHWEST CORNER THEREOF, THENCE SOUTH 150.00 FEET, THENCE SOUTH 27 DEGREES 30 MINUTES 00 SECONDS WEST, 190.00 FEET TO THE INITIAL POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE TO THE RIGHT ALONG THE CIRCUMFERENCE OF A CURVE WITH A RADIUS OF 45.50 FEET, A DISTANCE OF 104.43 FEET, THENCE NORTH 21 DEGREES WEST 167.60 FEET; THENCE SOUTH 68 DEGREES WEST 54.5 FEET; THENCE SOUTH 4 DEGREES 20 MINUTES EAST 179.00 FEET, THENCE SOUTH 4 DEGREES 30 MINUTES WEST 177.00 FEET, THENCE SOUTRH 10 DEGREES 40 MINUTES EAST 84 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG THE SHORE 356.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS SOUTH 44 DEGREES 15 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE NORTHWESTERLY TO THE POINT OF BEGINNING. ALL THAT PART OF LOT 7, IN SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS: TO-WIT: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 7, 1364.00 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 150.00 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30 MINUTES WEST 190.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREBY CONVEYED; THENCE SOUTH 44 DEGREES 15 MINUTES EAST 176.00 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG SAID SHORE 64.10 FEET TO A POINT; THENCE NORTH 49 DEGREES WEST 198.60 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30 MINUTES WEST 50.00 FEET TO THE POINT OF BEGINNING. 1 | P a g e February 11, 2025 Paul Bruggeman 19489 Manning Trail N. Scandia, MN 55073 THIS LETTER SENT ONLY ELECTRONICALY RE: Site Visit Follow Up and View Corridors (PID 29.032.20.32.0019) Dear Mr. Bruggeman, Thank you for having City Administrator Morell and I out to the property to discuss your concerns regarding the previous staff reports to the Planning Commission and City Council in December of 2024. I have since reviewed the standards for tree clearing, discussed the option of multiple view corridors with the Department of Natural Resources (DNR), and met with Tom Langer of the Carnelian-Marine-St. Croix Watershed District (CMSCWD) to understand the concerns that the Watershed has regarding the work on your property. Intensive Vegetation Clearing After meeting on site, reviewing historical aerials of the property, discussing the issue of vegetation clearing with CMSCWD, reviewing all surveys submitted to the City, reviewing permitting records, and receiving additional photographs from the Watershed, I believe that there was intensive vegetation clearing that was done to build the retaining wall on the southwest of the site, prior to any permits being issued which would have allowed the clearing. The surveys I was able to identify that the City received are detailed in the table below: Revision Date Description City Has? 1 07/12/2021 Added old structures Yes 2 08/04/2021 Added wetland Location 3 12/16/2021 Add 25' x 50' Septic Areas Yes 4 3/25/2022 Revise House 5 4/19/2022 Revise House and Grades 6 6/22/2022 Revise House, Grades and notes Yes 7 6/28/2022 Add Prop Out Bldg, update Improv 8 7/07/2022 Rev. Rain Gard, Out Bldg & Buffer Yes 9 7/22/2022 Rev. Cabin with Grading Yes 10 9/15/2022 Add Staked Cabin and Pol's 11 9/30/2022 Rev. grades and added staked elev.'s 12 06/05/2023 Add Asbuilt shots & Rev Grading Yes 13 07/11/2023 Add Trees removed per bldr/owner 2 | P a g e Revision Date Description City Has? 14 07/26/2023 Revise per builder and watershed 15 08/15/2023 Revise per builder and watershed Yes 16 08/15/23PM Trees Removed per Watershed Yes 17 10/17/2023 Revise Trail & Improv. accordingly Yes 18 11/28/2023 Revise Drain Tile per Builder Yes Additionally, CMSCWD provided multiple files regarding the site including site photos from May 3, 2022, August 19, 2022, and June 5, 2024 as well as Erosion & Sediment Control Compliance Summary & Corrective Action Notices (“ESC Report) dated April 19, 2023, April 20, 2023, and July 27, 2023, which include descriptions of the site as well as images. My understanding of the retaining wall area and the sequence of events is the following: • December 16, 2021: The variance for the site is approved. The site plan/grading plan for this does not show a retaining wall in the area in question. • May 3, 2022, and August 19, 2022: Photos of the site provided by CMSCWD show the area where the retaining wall currently is established with vegetation and containing multiple trees. • June 22, 2022: Survey submitted to City shows a retaining wall on plans as a single row of boulders. (Date based on revision date on survey, submittal date unknown) • July 14, 2022: City Engineer approves grading permit. Submitted plan show a single tiered retaining wall with no grading activities occurring in area in question. • April 20, 2023: An ESC Report from CMSCWD shows the site either disturbed with the vegetative cover removed or covered in erosion runoff from site. • June 5, 2023: Survey submitted to City shows retaining wall expanded to north and south and realigned with the removed and relocated gravel trail. (Date based on revision date on survey, submittal date unknown) • July 27, 2023: An ESC Report from CMSCWC shows the lowest level of boulder retaining wall installed, the area entirely disturbed, and trees removed. • August 1, 2023: The City received a permit application from the landowner for the retaining wall. The initial submittal shows a single row of boulders. • August 15, 2023: Survey submitted to the City shows a realigned lower wall that reflects the site photos from July 27, 2023, and shows additional tiered walls. (Date based on revision date on survey, submittal date unknown) • August 25, 2023, to September 11, 2023: City Engineer contacts Applicant to confirm that engineering for retaining walls accounts for the grading plan dated August 15, 2023. • September 18, 2023: City Engineer approves revised grading plan which includes three tier boulder retaining wall. Grading and clearing as well as vegetation removal is controlled by the City’s Shoreland Ordinance. Based on the information that I have reviewed, I believe the first documented instance of the area being cleared is either April 20, 2023, or July 27, 2023. Both dates occur 3 | P a g e before the Vegetation Management standards in the Shoreland Ordinance were amended in March of 2024, so the violations are subject to the standards in place at the time. Intensive vegetation clearing in shore and bluff impact zones and on steep slopes is prohibited. Removal or alteration of vegetation must comply with this standard except for vegetation alteration necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities. Before September 18, 2023, any removal or alteration of vegetation in the area in question was prohibited. The Shoreland Ordinance prior to the amendment the City approved in March of 2024 does not have a way to address violations outside of misdemeanors. I believe addressing the issue in this instance is both unnecessary and unproductive. The issue was eventually reviewed by the City for engineering related to the walls and grading. Vegetation was removed that was not permitted at the time but may have been permitted if a permit was applied for prior to the work. Erosion impacts resulted from the work on site that impacted natural resources around and, on the site, but these have been mitigated by actions required by the CMSCWD. Previously, the City attempted to address the issues with the Resolution to approve the variance for the driveway to the accessory dwelling unit, through the following condition: 4. The applicant shall submit an exhibit documenting the view corridor on the property. The view corridor shall be a single contiguous corridor of 50 feet. The applicant shall restore areas outside of the view corridor where intensive vegetation clearing was performed in the bluff impact zone. As the retaining wall has been installed and erosion appears to be stabilized, many of the concerns regarding the disturbance of the area have been addressed. The current vegetated state of the retaining wall and areas around it are unknown, but based on photographs from June of 2024, the area appears to be covered in mulch with limited plantings. The City proposes the following corrective actions to finalize the issue. 1. Work with either CMSCWD or the Washington Conservation District to establish deep- rooted woody and herbaceous vegetation with a high stem-density plantings along the retaining wall and allow the area to remain in a natural state once plantings are established. Minimum maintenance would be allowed to ensure the retaining wall is functional. 2. Work with either CMSCWD or the Washington Conservation District and the City to identify areas where either three deciduous trees at least 2.5 caliper inches/coniferous trees at least 6 feet in height or two deciduous trees at least 4 caliper inches/coniferous trees at least 12 feet in height can be planted. Ideally these would be located near the slope to aid in slope stabilization through deep roots. Alternatively, these can be located to create screening to aid in the establishment of a view corridor. I feel that these are reasonable solutions to the issue at hand and will have a minimal impact on your lot. Please let me know if you would like to discuss further. 4 | P a g e View Corridors At the Council meeting in December, you expressed interest in the possibility of establishing two view corridors and during the site visit you showed Kyle and myself three areas that you wished to establish view corridors. As you are aware, the City’s ordinance allows for limited trimming and clearing for a single view corridor that is either 50 ft. wide or 1/3rd the width of the lot, whichever is less. During the site visit, I mentioned that I had been in contact with the DNR seemed potentially open to the idea of two view corridors. Following the site visit I contacted the Area Hydrologist with the DNR asking about multiple view corridors. I received the following reply: We think a single corridor of 50’ or 1/3 of the lot width, whichever is less, is a standard that’s easy to communicate, evaluate, and administer. One corridor is best for administration. The risk is that multiple corridors will get chipped away over time until they become one big corridor. At this time, the City believes that an amendment to the Shoreland Ordinance to allow for multiple view corridors would not be supported by the DNR. Additionally, staff met with Tom Langer with CMSCWD to discuss the buffers that are recorded against your property because of the variance from a water resource. My understanding of the buffers is that altering vegetation aside from removal of invasive exotic species or of trees for disease control or revegetation is not allowed and any tree over 6” DBH requires the written approval from CMSCWD. The conflict between the view corridor and the buffers is something that the City and CMSCWD only recently identified as the view corridor has yet to be fully implemented on any properties. We are continuing our conversation to establish how to advise landowners with lake buffers to proceed. As a note, a violation of the vegetation management standards is subject to a restoration order and a three-year maintenance plan as well as being a misdemeanor. The details regarding the restoration are established in the Shoreland Ordinance 8.26. If you have any questions, please contact me. Thank you, T.J. Hofer City Planner City of Scandia 612-271-6984 tj.hofer@bolton-menk.com 5 | P a g e Attachments: 1. Section 8.2 Vegetation Management, City of Scandia Chapter 155 Shoreland Management Regulations, adopted May 15, 2018 2. Section 8.2 Vegetation Management, City of Scandia Chapter 155 Shoreland Management Regulations, adopted March 19, 2024 3. Slope and Bluff Determinations Exhibit 4. Slope and Bluff Profile Worksheet 5. Vegetation Management Issue Exhibit 6. 19489 Manning Trail North Retaining Wall History Chronological Summary and Findings cc: Kyle Morell, City Administrator Brenda Eklund, City Clerk Ryan Goodman, City Engineer Tom Langer, Carnelian-Marine-St. Croix Watershed District Daniel Scollan, Department of Natural Resources Ordinance No. 198 Page 22 of 29 performance standards of sub items 7.21 to 7.25 and the requirements of Minnesota Rules, Chapter 1341. 8.0 VEGETATION AND LAND ALTERATIONS 8.1 Purpose. Alterations of vegetation and topography are regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, sustain water quality, and protect fish and wildlife habitat. 8.2 Vegetation Management. 8.21 Removal or alteration of vegetation must comply with the provisions of this subsection except for: A. Vegetation alteration necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities; B. The construction of public roads and parking areas if consistent with Section 7.1 of this ordinance; C. Forest management uses consistent with Section 5.3 of this ordinance; and D. Agricultural uses consistent with Section 5.2 of this ordinance. 8.22 Intensive vegetation clearing in the shore and bluff impact zones and on steep slopes is prohibited. Intensive clearing outside of these areas is allowed if consistent with the forest management standards in Section 5.3 of this ordinance. 8.23 Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones and on steep slopes, is allowed to provide a view to the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: A. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; B. Existing shading of water surfaces along rivers is preserved; C. Cutting debris or slash shall be scattered and not mounded on the ground; and D. Perennial ground cover is retained. 8.24 Removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety hazards is allowed without a permit. 8.25 Fertilizer and pesticide runoff into surface waters must be minimized through use of vegetation, topography or both. 8.3 Grading and Filling. 8.31 Grading and filling activities must comply with the provisions of this subsection and the Scandia Development Code, Chapter 2, Sections 3.6. Attachment 1 Ordinance No. 198 – Shoreland Ordinance Page 22 of 30 Amended Ordinance 2024-04, passed 3/19/2024 7.23 The area of stairways, lifts, and landings shall be included in the calculation of lot coverage and maximum area of coverage permitted by this ordinance. 7.24 Canopies or roofs are not allowed on stairways, lifts, or landings; 7.25 Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 7.26 Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and 7.27 Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, if they are consistent with the dimensional and performance standards of sub items 7.21 to 7.25 and the requirements of Minnesota Rules, Chapter 1341. 8.0 VEGETATION AND LAND ALTERATIONS 8.1 Purpose. Alterations of vegetation and topography are regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, sustain water quality, and protect fish and wildlife habitat. 8.2 Vegetation Management. 8.21 Removal or alteration of vegetation must comply with the provisions of this subsection except for: A. Vegetation alteration necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities; B. The construction of public roads and parking areas if consistent with Section 7.1 of this ordinance; C. Forest management uses consistent with Section 5.3 of this ordinance; and D. Agricultural uses consistent with Section 5.2 of this ordinance. 8.22 Intensive vegetation clearing in the shore and bluff impact zones and on steep slopes is prohibited. Intensive clearing outside of these areas is allowed if consistent with the forest management standards in Section 5.3 of this ordinance. 8.23 Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones and on steep slopes, is allowed to provide a view to the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: A. Vegetation shall be restored or maintained to screen all structures, vehicles, or other facilities by at least 50% as viewed from the water, assuming summer, leaf-on conditions. B. The maximum view corridor shall be a single contiguous corridor less than 50 feet or Attachment 2 Ordinance No. 198 – Shoreland Ordinance Page 23 of 30 Amended Ordinance 2024-04, passed 3/19/2024 one-third of the parcel width, whichever is less; C. Existing shading of water surfaces along rivers is preserved; D. Cutting debris or slash shall be scattered and not mounded on the ground; and E. Perennial ground cover is retained. F. Picnic areas, access paths, livestock watering areas, beaches and watercraft access areas are prohibited in bluff impact zones. 8.24 Removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety hazards is allowed without a permit, provided the standards within 8.23 are maintained. Removed trees that are dead, diseased, dying, or pose safety hazards within the shore impact zone or bluff impact zone shall be replaced to meet the standards within 8.23. 8.25 Fertilizer and pesticide runoff into surface waters must be minimized through use of vegetation, topography or both. 8.26 Violations A. Violations of 8.2 Vegetation Management shall be subject to a Restoration Order including vegetation restoration plan and a three-year maintenance plan prepared by the landowner and approved by the zoning administrator. B. Restoration is subject to inspection by the Zoning Administrator, Watershed District, and Washington Conservation District to make a finding that vegetation standards and integrity and inherent stability of the existing landscape will be maintained. (1) Vegetation restorations, when required, must be accompanied by a restoration plan approved by the local Zoning Administrator. (2) Restorations must utilize native plant species for replacement. Near shore or highly erodible locations are to be planted with a mix of deep-rooted woody and herbaceous vegetation with a high stem-density, and if applicable, resilient to fluctuations in water levels. (3) Restorations must meet, at minimum, the replacement ratios in Section 153.400.700 Woodland and Tree Preservation Subd. 2 (B) IV. (4) Section 153.400.700 Woodland and Tree Preservation Subd. 2 (B) V. Tree Replacement Fund shall not be used when a Restoration Order has been issued. 8.3 Grading and Filling. 8.31 Grading and filling activities must comply with the provisions of this subsection and the Scandia Development Code, Chapter 2, Sections 3.6.8.32 Permit Requirements. A. Grading, filling and excavations necessary for the construction of structures and sewage treatment systems, if part of an approved permit, do not require a separate grading and filling permit. However, the standards in Section 8.33 of this ordinance must be incorporated into the permit. CERTIFICATE OF SURVEY for-- PAUL BRUGGEMAN of-- 19489 MANNING TRAIL SCANDIA, MN S89010'54"E 1364.00 TO NW CORNER ( EAST DESC) OF GOVT LOT 7, IMPERVIOUS SURFACE CALCULATIONS TOTAL PARCEL AREA ABOVE OHW ........................ 83,939 S.F. EXISTING IMPERVIOUS EXISTING BUILDINGS ........................................ 1,622 S.F. EXISTING GRAVEL ROAD ..................................... 2,509 S.F. EXISTING GRAVEL TRAIL ..................................... 2,563 S.F. EXISTING CONCRETE .......................................... 194 S.F. TOTAL PROPOSED IMPERVIOUS SURFACE ............. 6,888 S.F. PERCENT PROPOSED IMPERVIOUS ....................... 8.2% L I NORTH LINE OF GOVT LOT 7, - T - 1 SEC.29-T32N-R20W SEC.29-T32N-R20W I __ '_1 1-1 '\ EXISTING PROPERTY DESCRIPTION. AS PROVIDED BY CLIENT) All that part of Lot 7 of Section 29, Township 32 North, Range 20 West, described as follows, to -wit: Commencing at a point in the north line of said Lot 7, 1364.00 feet East of the northwest corner thereof; thence South 150.00 feet; thence South 27 degrees 30 minutes 00 seconds West, 190.00 feet to the initial point of beginning of the land to be described; thence to the right along the circumference of a curve with a radius of 45.50 feet, a distance of I- APPROXIMATE LOCATION OF ROAD EASEMENT ALONG EXISTING ROAD 104.43 feet; thence North 21 degrees West 167.60 feet; thence South 69 degrees West 54.5 AS GRADED" AND AS DESCRIBED IN feet; thence South 4 degrees 20 minutes East 179.00 feet; thence South 4 degrees 30 DOC. No. 157193. minutes West 177.00 feet; thence South 10 degrees 40 minutes East 84.00 feet to the shore X11 \ of Big lake; thence Northeasterly along the shore 356.00 feet, more or less, to a point which bears South 44 degrees 15 minutes East from the point of beginning; thence Northwesterly Itothepointofbeginning. All that part of Lot 7, in Section 29, Township 32 North, Range 20 West, described as follows: Ito -wit: Beginning at a point on the north line of said Lot 7, 1364.00 feet East of the NORTH northwest corner thereof; thence South 150.00 feet to a point; thence South 27 degrees 30 f --- \ minutes West 190.00 feet to the point of beginning of the parcel of land hereby conveyed; Io02 \ \ thence South 44 degrees 15 minutes East 176.00 feet to the shore of Big Lake; thence Northeasterly along said shore 64.10 feet to a point; thence North 49 degrees West 198.60 20 0 10 20 40 feet to a point; thence South 27 degrees 30 minutes West 50.00 feet to the point of I7111, beginning. A ^ ? 1 INCH 0 FFFT I.... I.,. LEGEND I . 977'3 11 • DENOTES IRON MONUMENT FOUND 978.5 2a o ` o DENOTES IRON MONUMENT SET soo.o DENOTES PROPOSED ELEVATION 1. X1011.2 DENOTES EXISTING ELEVATION 9 s s \ DENOTES DIRECTION OF DRAINAGE I 0 DENOTES WOOD HUB/METAL SPIKE AT 11 FOOT OFFSET (UNLESS THFRWTgF NI(1TFr11 1 SETBACKS PROPOSED IMPERVIOUS JOB NO: 210856HS DATE: 07/08/2021 PUBLIC R/W = 40 FEET PROPOSED HOUSE, GARAGE AND STOOP ............... 4,061 S.F. SIDE LOT LINES = 20 FEET PROPOSED DRIVEWAY ......................................... 1,712 S.F. OHWL = 100 FEET PROPOSED PATIO AND WALK ............................... 618 S.F. WETLANDS = 75 FEET EXISTING BUILDINGS TO REMAIN ........................ 696 S.F. DESCRIPTION EXISTING GRAVEL ROAD ..................................... 2,509 S.F. EXISTING GRAVEL TRAIL ..................................... 2,563 S.F. EXISTING CONCRETE TO REMAIN .......................... 194 S.F. TOTAL PROPOSED IMPERVIOUS SURFACE ............. 12,353 S.F. PERCENT PROPOSED IMPERVIOUS ....................... 14.7% 20 20 O I O LnofV)= W O0 1 O con I I____, 00 LL J 7.9 Lu~ 0 6 ------ 7 .7f x Qi It O .m \ / _ x 956:8 (A x ' 968.0 - I . . 1. I . rn x \ .1 .. I . . . . -- ROAD AS SHOWN ON ' 6s o -- --- A \ 20. ,' _ SURVEY BY. G. H. BUDD -___ 97s.2 x \ A >' ( MAY 23; 1919) tflj 1./ 69.1 . x O / \ 968.9 PRIOR ACCESSORY STRUCTURESI . \ . '. . x I. ;" A 20 0 \ / , ( REMOVED BY CLIENT) i '; O , x r \ \ 90 / /\ / + 969.5 ^ 968.8 S; j\ \ \ \ y '0 O o 2 \ -, 0 / X\ 69.2 970.1970. / 96\ N//// 2• x T O 1 > 0) / 969.4 S / // ' . Q 2 O G m \ / O i 968 9 970A: / 60.6 /> // . C O - _0 L \ \ / 0 \., / x969. 5 \ // .// . Cri J' 3 07 0 2 x \ / gyp'/ I \ h + / :! f 9>, <mm \ J,; 969.9 0, \ / 1 71 ,A \ 1 <I- x I O f'fi o \ \ 970.9 „ ..vG' 69.4 + / IS"\ I . ... . I 7. 1: O C1 979.7 0 0'' \ I . I . \ . 1 I . . 1. . . . \ x OO Q O 979.1 // 9Z8.6 jo ''•. ( \ 969.6 / .\ + S /. CD , I \ .. . / \\ 1 V o / Q O 1 // \ 9 / Q i719, / Q / O / 973.6 • . c . \ / 20 '` S "9':\ ' 977.1 x.43 y''' / "/ .. ° :/ \ r s '' `,' / x I O x 975.5 ", e /' / / 19 0 /' \ / SO \ OLS 963.1 / Fgg2.3 954.8 975.8 tP X T IV I /\ I I 1. / \ T2 3 / / 975f X I'V' 9.> 1 , O. / I + Q : / 0 . `9 / F cP x . \ O 2 /' /. 4 4 / ' 11 / . 11 ( GO V.. / c ( /942.2 I " I 79.0 \ 11 ... ... , '. 1. I . ".. 11 I I '. , . I I/ 78.7 i 5 . ` ` Q , .. \ +.... \ \ ... 1 I . I . 11 . 0 \ j _\ - _____ . / " X .. I q,0 e<v \ I , / . v $ 0 g76 n 19 0 /R 1.. / /, 941.6 f.. X 97 6 " \ \ x X/ Go .:/ 010. / &' \ ,/ 954:6 Imo.` ` / 940.6 /// I. Q0 o O , EWL x95457 976.9 h0 76 `?q0 M ' . .\-:- , Q' ,.. \.< + may/ / ELAKE x/ / Q f ylo V1 / QQ G (C \ / / ori / F x 7.7 .. 975.5 O / j. O SGyO .1 \ / / I x 0 6._ Q . + // v yo Z t / // to 963.8 `. rn . . / . - 977.6 g o Z Q O 7 ZS ( OI Cf / / G> X00 x / \ 949.7 FND 1 9 2.2 / p I C9 WALK N 0 ' : ' Z LO / EWL / / x x962.5 0 9 T .0 \ / \\\ / / N' 1 0 9 42.2JG 'C 9 r \ ' FLOOR = 976.8 6 ' \ / \ N / 4\ .- / '' O / / x 97s.2 9 \\ FLOOR UNDER a \ \/ ' ; S (0 942.8 /' 941.0 /// I I . I ". 5 U GARAGE:'- 967.5 G / / \ 'O / 940.7 .. \ ) O 1 42.3 / EWL `. ?. Q V \ j.' / EWL /// I x t o SIV I 4 t \. ST x \ yb'67 67 O `` \ 3 z 9j1 U W 975. \ \ J /. v` / / OS ti g76 5 7 W O . i // 953.5 i ° 26.1 PROPOSED - / 940.7 / 97 0._...... T.W.=975.0 HOUSE C 954 : 1 .\ . y ELAKE // 8' s / / i 940.4 942 z I ` eO LOWEST HOUSE __ O / ' 942.1 / ' EWL------- - FLOOR - .5 B W g7 EWL2 xI . ---- . ---69.4 - --- O G• 9 O\\, rn >641.8 T W 975;0 cb yaF r ,t------------ -=------------- - ------------108.6 -, --- --- -- -- - _----__--- ---- gV.0 50 8 1I`P o O / / 0 / 958.8 '•------- - - - - - - - - - EiL so- ? 1 O y 105.2 ---x-- - --- -- '1 EOi n q. 9-I P X20 O /. O=- -------- -- --`-- - : - ----- 959.6. Mw 9 lJ F17 96g / 1 S E i 9 • o / F / a.R x O ' 1 65 O-. , ho / \ / z . I . 967.5 a+o O 16 O s g O O VA fZ . 1 O O / rn . / Ix G O p P q / 940.7 11V) w . J / 971.2 w N O .. ,.O' i; . / ELAKE / Z m W° / i / 1 0 N OJ N x, V _ TW.=970.5x9s7.9 / / C 1 7ro B:W.=970.6 .,,. / G 70 941.1 O 9 I ( Y' / i t0 EWL i o ` 969:3' 970.3 , : , 1( O / , O' tp p3: / ' / N ._. 971.7 , 1 1 . 1 Q `V / • x 941.7 / / i P' LcYO I0`b. 97s.8 m \` - 14._ 95; -- ° li Ckn ` 03 X . / 941.7 / / i 9 10 C D 45.6: - ---------EWL F1 n !' ' to Rte' /' L ' O I .... rn 1ti. 975.7 F+ \ 1 I. F 940.8 / 0% 974.5 G, `, ELAKE /,z IV 964.1 . 6 MOVE. , \ . / i ` 05 E C2 i 5 o I m' / O 6E / /, vy O o \ x I ^ n , 963.1 \ 97s.s LINE / ._X . / 0\ 9 FOOT POURED WALL AT HOUSE 1 ; s T.W.=974.5- .FF P 941.2 \ ` ` .-B / \... / o` / OL 10 FOOT POURED WALL AT GARAGE EWL y 949.4 O Z D \ : B.W.=974.0 \ Y, / : Oo)\ / \-' V G1 r . \ 975.8 , ice! 968,0 / ti / / M W r 9.§2.3g / iI' 3C :964.6 \ 972.7 /' ' ! PROPOSED ri m 0 975.6 S c / 942 3 . Z r SI.1./•'. 942.2 V / i OHW 2. a S 9q /' Z/ 5/.... /•' N 3 / ELEVATIONS 1. m \ f GI v9 74.4_7 ..... / O /i' y . : ..... 942.942. - j J o 1.\ /, TOP OF WALL = 977.2 940.7 1.942.2 i ELAKE GARAGE FLOOR = 8 955.0 95s.1 v `. ........ / L G / ' O 941.3 ; a . 956.E O 1. OM/' / LOWEST HOUSE FLOOR = 968.5 EWL TOP OF955.2 70 4 . x952.7 v .. -, _ 9ss.o ...... ' / % LOWEST HOUSE FLOOR FOOTING 968.2 LOWEST FLOOR UNDER GARAGE = 967.5I954.6 0 / 6 Y x943.5 I . I.. 1. TOP OF LOWEST FLOOR UNDER GARAGE FOOTING = 967.2lt / 0 967:8 ....... / / i 1- 957.6 / hereby certify that this survey, IanX.0 ,5i. / / Y Y Y, p V 941.5 : . I 954.3 1.11.1-111 94 2., x / / ' or report was prepared by me or under EWL z ' m direct supervision and that I am a 951.1 . 952.1 I fl .. i / , 963.3 x942.4 i ' 42.s Q A duly Registereded Land Surveyor underyEX. STRUCTURE - 952.1 I °' / /'941.1 ` f " Y g Y TO BE REMOVED) ..: . 9s7.7 0 % E / ELAKE P .Lc11 _0 the laws of the State of Minnesota. 9s0.1'- - 951.3 . 958.5z I. I'llI./ / ' / 1 VVV GJ0 2.1-- 951.8 95 9 g58 / F /, / 1 L 0` O, 943.2 i I:O 9s4:2. S.. /i' f P y. ° LO 2 p , 95 g5 / % 0\ , /Fo ° JASO DZ / / G O \ O951.0 951.1 943.3 \. / / ( I ::` I 952 (35 y. y F / Q p5 i a .................... 9 8 946 942.7/ 941.7 P Date: 12-16-2021 License No. 41578 q x9.50.5 I 7 C / / EWL /i X fft 951.0.......... I 54s. - x 945.1 / ' I 949.6 I 1951.1 III'l__ 940.6 / , x946.3 .FNNCEEND .H A• %'.. I, S86°46'06"E r ELAKE / , j 0 ... 942 / / i, MVA - I / 944 7 $ bfl ai 943.5 941. / i 945:3'.... I ...... J 943.2 EWL / i v NOTES 1. ..". r 9_ . - x942.5 / /z' * BUILDER TO VERIFY HOUSE DIMENSIONS SEWER DEPTH ANDx9430 DRAWN BY: JEN JOB NO: 210856HS DATE: 07/08/2021 CHECK BY: JER FIELD CREW:TBD 1 07/12/2021 Added old structures JEN 2 08/04/2021 Added wetland Location JEN 3 12/16/2021 Add 25' x 50' Septic Areas JEN N0. DATE DESCRIPTION BY 941.7 FOUNDATION DEPTH. 9. 42.4 / WE1 9 WET WET- -` / ,' * eooa 941.9 9408 , DRIVEWAYS ARE SHOWN FOR GRAPHIC PURPOSES ONLY. FINAL 9422 , '' WET EWL EWL KE /%' DRIVEWAY DESIGN AND LOCATION TO BE DETERMINED BY EWL_ • '' WE 41.0 - ----- --- -- 9al.o-- --------------- ELAKE CONTRACTOR. BUD 942JET- ELAKE ELAKE * FINISHED GRADE ADJACENT TO HOME SHALL BE 0.5 FEET BELOW TOP EST. 1977 Professional Land SurveyorsOFBLOCKEXCEPTATDRIVEWAYANDPATIO. wE1 EA1KE * TOPOGRAPHY SHOWN IS FROM PREVIOUS SURVEY DONE IN 2005. WETLAND DELINEATION PERFORMED BY EARTH SCIENCE JULY OF 2021 WETLAND FLAGGING LOCATED BY E.G. RUD & SONS, INC. ON 8-04-2021. www.egrud.com 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361-8200 Fax (651) 361-8701 S:\RUD\CAD\21PROJ\210856HS\210856HS.DWG 210856HS 20.02 ft ~25 ft. above OHWL Determined to not be bluff, but meet 12% standard for steep slope. 119.36 ft 1 0 1 . 8 0 f t Approximate Measure from MN Topo - Surveyed Elevations Correlate with MN Topo Data Toe of Bluff Approximate Top of Bluff 127 . 0 2 f t 20'-10 1/2" 20'-10 1/2" 20'-10 1/2" 20'-10 1/2" 20'-10 1/2" 20'-10 1/2" Determined to not be bluff, but meet 12% standard for steep slope. Bluff Impact Zone Steep Slopes (over 12%) Bluff line appears to be incorrect. Bluff does not account for top of bluff being: "For the purposes of measuring setbacks, the higher point of a 50-foot segment with an average slope exceeding 18 percent." Not relevant to current review, but to be noted with memo in future for reference. Attachment 3 942.2 OHWL Cumulative Distance (feet) Elevation (Feet) Toe of bluff determination Slope determination Top of bluff determination Labels 0.00 941.58 #DIV/0! 1.44 941.73 5.29% 2.89 941.92 3.80% 4.33 942.03 2.72% 5.77 942.07 2.78% 7.22 942.06 4.53% 8.66 942.09 7.30% 10.10 942.19 #DIV/0!942.19 OHWL/Toe of Bluff 11.55 942.44 17.39%942.44 12.99 942.67 16.43%942.67 14.43 942.93 16.96%942.93 15.88 943.25 18.38%943.25 17.32 943.54 18.65%943.54 18.76 943.37 13.61%943.37 20.21 943.18 9.75%943.18 21.65 943.03 7.25%943.03 23.09 942.92 5.63%942.92 24.54 942.86 4.63%942.86 25.98 942.87 4.25%942.87 27.42 942.89 4.05%942.89 28.87 943.11 4.92%943.11 30.31 943.39 5.96%943.39 31.75 943.84 7.63%943.84 33.20 944.47 9.86%944.47 34.64 945.09 11.80%945.09 36.08 945.71 13.56%945.71 37.53 946.34 15.13%946.34 38.97 947.12 17.06%947.12 40.41 947.91 18.86%947.91 41.86 948.66 20.36%948.66 43.30 949.47 21.93%949.47 44.74 950.28 23.34%950.28 46.18 951.10 24.68%951.10 47.63 951.92 25.93%951.92 49.07 952.69 26.95%952.69 50.51 953.38 27.68%953.38 51.96 954.05 28.33%954.05 53.40 954.72 28.93%954.72 54.84 955.38 29.49%955.38 56.29 956.10 30.12%956.10 57.73 956.87 30.82%956.87 59.17 957.65 31.51%957.65 60.62 958.51 32.30%958.51 62.06 959.37 33.06%959.37 63.50 960.29 33.89%960.29 64.95 961.24 34.73%38.35%961.24 66.39 962.27 35.68%38.05%962.27 67.83 963.44 36.80%39.80%963.44 69.28 964.58 37.84%42.42%964.58 70.72 965.80 38.96%45.26%965.80 72.16 967.06 40.07%48.06%967.06 25 ft. above OHWL 73.61 968.34 41.18%50.84%968.34 75.05 969.67 42.32%53.63%969.67 76.49 971.01 43.40%56.28%971.01 77.94 972.12 44.12%58.46%972.12 79.38 973.14 44.68%60.05%973.14 80.82 973.99 44.97%61.19%973.99 935.00 940.00 945.00 950.00 955.00 960.00 965.00 970.00 975.00 980.00 0.00 20.00 40.00 60.00 80.00 100.00 120.00 El e v a t i o n ( f e e t ) Distance (feet) Attachment 4 82.27 974.77 45.15%61.86%974.77 83.71 975.39 45.10%61.85%975.39 85.15 975.75 44.72%61.34%975.75 86.60 976.19 44.45%60.96%976.19 88.04 976.40 43.89%60.11%976.40 89.48 976.56 43.29%58.88%976.56 90.93 976.54 42.50%57.27%976.54 92.37 976.38 41.55%55.44%976.38 93.81 976.21 40.64%53.48%976.21 95.26 976.13 39.86%51.71%976.13 96.70 976.06 39.11%49.93%976.06 98.14 976.04 38.45%48.24%976.04 99.59 976.04 37.83%46.70%976.04 101.03 976.05 37.24%45.35%976.05 102.47 976.09 36.70%44.08%976.09 103.92 976.12 36.17%42.81%976.12 105.36 976.16 35.66%41.56%976.16 106.80 976.20 35.17%40.19%976.20 108.25 976.25 34.70%38.76%976.25 109.69 976.31 34.26%37.32%976.31 111.13 976.37 33.83%35.72%976.37 112.58 976.43 33.41%34.12%976.43 114.02 976.49 33.01%32.41%976.49 115.46 976.55 32.61%30.62%976.55 116.91 976.61 32.23%28.68%976.61 118.35 976.65 31.83%26.42%976.65 119.79 976.58 31.35%24.00%976.58 121.24 976.49 30.86%21.37%976.49 122.68 976.28 30.28%18.44%976.28 "Top of Bluff" 124.12 976.07 29.71%15.45% 125.57 975.92 29.21%12.49% 127.01 975.81 28.76%9.62% 128.45 975.72 28.33%7.20% 129.89 975.59 27.88%4.90% 131.34 975.47 27.45%2.95% 132.78 975.38 27.06%1.22% 134.22 975.34 26.71%-0.10% 135.67 975.32 26.38%-0.87% 137.11 975.28 26.06%-1.82% 138.55 975.23 25.72%-2.34% 140.00 975.16 25.38%-2.79% 141.44 975.10 25.06%-2.89% 975.02 #VALUE!-2.70% 152.68 BIZ 942.2 OHWL Cumulative Distance (feet) Elevation (Feet) Toe of bluff determination Slope determination Top of bluff determination Labels 0.00 941.12 #DIV/0! 1.74 941.26 2.88%#REF! 3.48 941.43 2.35%#REF! 5.22 941.52 2.07%#REF!941.52 6.96 941.51 2.36%#REF!941.51 8.69 941.44 3.03%#REF!941.44 10.43 941.34 4.12%#REF!941.34 12.17 941.31 4.97%#REF!941.31 13.91 941.32 5.67%#REF!941.32 15.65 941.35 6.53%#REF!941.35 17.39 941.35 8.11%#REF!941.35 19.13 941.44 9.10%#REF!941.44 20.87 941.60 9.21%#REF!941.60 22.61 941.75 9.34%#REF!941.75 24.34 941.92 #DIV/0!#REF!941.92 OHWL/Toe of Bluff 26.08 942.21 17.22%#REF!942.21 0.30 27.82 942.51 17.03%#REF!942.51 0.59 29.56 942.93 19.47%#REF!942.93 1.02 31.30 943.36 20.73%#REF!943.36 1.44 33.04 943.80 21.69%#REF!943.80 1.89 34.78 944.22 22.13%#REF!944.22 2.31 36.52 944.51 21.28%#REF!944.51 2.59 38.26 944.85 21.09%#REF!944.85 2.93 39.99 945.39 22.17%#REF!945.39 3.47 41.73 945.90 22.93%#REF!945.90 3.99 43.47 946.38 23.36%#REF!946.38 4.47 45.21 946.87 23.73%#VALUE!946.87 4.95 46.95 947.36 24.08%#VALUE!947.36 5.44 48.69 947.84 24.36%13.44%947.84 5.93 50.43 948.32 24.55%14.11%948.32 6.40 52.17 948.92 25.17%14.99%948.92 7.00 53.91 949.60 26.01%16.17%949.60 7.69 55.64 950.42 27.17%17.83%950.42 8.50 57.38 951.29 28.36%19.69%951.29 9.37 59.12 952.37 30.07%22.06%952.37 10.46 60.86 953.53 31.80%24.44%953.53 11.61 62.60 954.20 32.12%25.76%954.20 12.29 64.34 954.81 32.23%26.92%954.81 12.89 66.08 955.07 31.52%27.44%955.07 13.15 67.82 955.31 30.82%27.74%955.31 13.40 69.56 955.37 29.76%27.55%955.37 13.45 71.29 955.46 28.85%27.41%955.46 13.54 73.03 955.59 28.09%27.35%955.59 13.68 74.77 955.76 27.46%27.09%955.76 13.85 76.51 956.04 27.08%27.07%956.04 14.13 78.25 956.47 26.99%27.07%956.47 14.55 79.99 957.15 27.38%27.58%957.15 15.23 81.73 957.76 27.61%27.91%957.76 15.84 83.47 958.25 27.63%28.05%958.25 16.33 85.21 958.75 27.65%28.48%958.75 16.83 86.94 959.22 27.64%28.73%959.22 17.30 88.68 959.71 27.65%28.64%959.71 17.79 90.42 960.23 27.72%28.65%960.23 18.31 92.16 960.78 27.82%28.79%960.78 18.86 93.90 961.33 27.91%28.93%961.33 19.42 95.64 961.92 28.06%29.12%961.92 20.00 97.38 962.51 28.20%29.33%962.51 20.59 99.12 963.08 28.30%29.51%963.08 21.16 100.86 963.62 28.37%29.40%963.62 21.70 102.59 964.22 28.51%29.24%964.22 22.31 104.33 964.83 28.65%28.82%964.83 22.91 106.07 965.54 28.90%28.50%965.54 23.62 107.81 966.26 29.17%27.77%966.26 24.34 109.55 966.95 29.38%26.84%966.95 25 ft. above OHWL25.03 111.29 967.61 29.55%26.81%967.61 25.69 113.03 968.17 29.61%26.73%968.17 26.26 114.77 968.67 29.59%27.21%968.67 26.76 116.51 969.06 29.46%27.51%969.06 27.15 118.24 969.35 29.22%27.96%969.35 27.43 119.98 969.43 28.77%27.94%969.43 27.51 121.72 969.49 28.32%27.80%969.49 27.57 123.46 969.51 27.84%27.49%969.51 27.59 125.20 969.76 27.60%27.43%969.76 27.84 126.94 970.21 27.58%27.48%970.21 28.29 128.68 970.65 27.54%27.00%970.65 28.73 130.42 971.09 27.50%26.66%971.09 29.17 132.16 971.58 27.52%26.66%971.58 29.67 935.00 940.00 945.00 950.00 955.00 960.00 965.00 970.00 975.00 980.00 0.00 20.00 40.00 60.00 80.00 100.00 120.00 140.00 160.00 180.00 El e v a t i o n ( f e e t ) Distance (feet) 133.89 972.07 27.53%26.65%972.07 30.16 135.63 972.38 27.37%26.33%972.38 No Bluff 30.47 137.37 972.64 27.18%30.72 139.11 972.93 27.02%31.01 140.85 973.22 26.87%31.31 142.59 973.48 26.69%31.56 144.33 973.72 26.51%31.81 146.07 973.95 26.32%32.04 147.81 974.13 26.10%32.22 149.54 974.20 25.79%32.29 151.28 974.30 25.51%32.38 153.02 974.38 25.23%32.47 154.76 974.43 24.93%32.51 156.50 974.43 24.60%32.51 158.24 974.61 24.42% 159.98 975.00 24.39% 161.72 975.30 24.30% 163.45 975.53 24.16% 165.19 975.51 23.85%BIZ 166.93 975.27 168.67 975.20 942.2 OHWL Cumulative Distance (feet) Elevation (Feet) Toe of bluff determination Slope determination Slope determination every 50 ft. Top of bluff determination Labels 0.00 941.12 #DIV/0! 1.74 941.26 2.88%#REF! 3.48 941.43 2.35%#REF! 5.22 941.52 2.07%#REF!941.52 6.96 941.51 2.36%#REF!941.51 8.69 941.44 3.03%#REF!941.44 10.43 941.34 4.12%#REF!941.34 12.17 941.31 4.97%#REF!941.31 13.91 941.32 5.67%#REF!941.32 15.65 941.35 6.53%#REF!941.35 17.39 941.35 8.11%#REF!941.35 19.13 941.44 9.10%#REF!941.44 118.24 20.87 941.60 9.21%#REF!941.60 116.51 22.61 941.75 9.34%#REF!941.75 114.77 24.34 941.92 #DIV/0!#REF!941.92 OHWL/Toe of Bluff 113.03 26.08 942.21 17.22%#REF!942.21 0.30 111.29 27.82 942.51 17.03%#REF!942.51 0.59 109.55 29.56 942.93 19.47%#REF!942.93 1.02 107.81 31.30 943.36 20.73%#REF!943.36 1.44 106.07 33.04 943.80 21.69%#REF!943.80 1.89 104.33 34.78 944.22 22.13%#REF!944.22 2.31 102.59 36.52 944.51 21.28%#REF!944.51 2.59 100.86 38.26 944.85 21.09%#REF!944.85 2.93 99.12 39.99 945.39 22.17%#REF!945.39 3.47 97.38 41.73 945.90 22.93%#REF!945.90 3.99 95.64 43.47 946.38 23.36%#REF!946.38 4.47 93.90 45.21 946.87 23.73%#VALUE!946.87 4.95 92.16 46.95 947.36 24.08%#VALUE!947.36 5.44 90.42 48.69 947.84 24.36%13.44%947.84 5.93 88.68 50.43 948.32 24.55%14.27%14.11%948.32 6.40 86.94 52.17 948.92 25.17%15.18%14.99%948.92 7.00 85.21 53.91 949.60 26.01%16.22%16.17%949.60 7.69 83.47 55.64 950.42 27.17%17.65%17.83%950.42 8.50 81.73 57.38 951.29 28.36%19.39%19.69%951.29 9.37 79.99 59.12 952.37 30.07%21.68%22.06%952.37 10.46 78.25 60.86 953.53 31.80%24.16%24.44%953.53 11.61 76.51 62.60 954.20 32.12%25.57%25.76%954.20 12.29 74.77 64.34 954.81 32.23%26.73%26.92%954.81 12.89 73.03 66.08 955.07 31.52%27.21%27.44%955.07 13.15 71.29 67.82 955.31 30.82%27.68%27.74%955.31 13.40 69.56 69.56 955.37 29.76%27.62%27.55%955.37 13.45 67.82 71.29 955.46 28.85%27.50%27.41%955.46 13.54 66.08 73.03 955.59 28.09%27.44%27.35%955.59 13.68 64.34 74.77 955.76 27.46%27.46%27.09%955.76 13.85 62.60 76.51 956.04 27.08%27.42%27.07%956.04 14.13 60.86 78.25 956.47 26.99%27.68%27.07%956.47 14.55 59.12 79.99 957.15 27.38%28.19%27.58%957.15 15.23 57.38 81.73 957.76 27.61%28.56%27.91%957.76 15.84 55.64 83.47 958.25 27.63%28.65%28.05%958.25 16.33 53.91 85.21 958.75 27.65%28.80%28.48%958.75 16.83 52.17 86.94 959.22 27.64%29.17%28.73%959.22 17.30 50.43 88.68 959.71 27.65%29.46%28.64%959.71 17.79 48.69 90.42 960.23 27.72%29.43%28.65%960.23 18.31 46.95 92.16 960.78 27.82%29.50%28.79%960.78 18.86 45.21 93.90 961.33 27.91%29.64%28.93%961.33 19.42 43.47 95.64 961.92 28.06%29.85%29.12%961.92 20.00 41.73 97.38 962.51 28.20%30.04%29.33%962.51 20.59 39.99 99.12 963.08 28.30%30.20%29.51%963.08 21.16 38.26 100.86 963.62 28.37%30.34%29.40%963.62 21.70 36.52 102.59 964.22 28.51%30.35%29.24%964.22 22.31 34.78 104.33 964.83 28.65%30.19%28.82%964.83 22.91 33.04 106.07 965.54 28.90%29.98%28.50%965.54 23.62 31.30 107.81 966.26 29.17%29.70%27.77%966.26 24.34 29.56 109.55 966.95 29.38%28.90%26.84%966.95 25 ft. above OHWL25.03 27.82 111.29 967.61 29.55%27.92%26.81%967.61 25.69 26.08 113.03 968.17 29.61%27.70%26.73%968.17 26.26 24.34 114.77 968.67 29.59%27.50%27.21%968.67 26.76 22.61 116.51 969.06 29.46%27.75%27.51%969.06 27.15 20.87 118.24 969.35 29.22%27.84%27.96%969.35 27.43 19.13 119.98 969.43 28.77%27.89%27.94%969.43 27.51 17.39 121.72 969.49 28.32%27.82%27.80%969.49 27.57 15.65 123.46 969.51 27.84%27.60%27.49%969.51 27.59 13.91 125.20 969.76 27.60%27.75%27.43%969.76 27.84 12.17 126.94 970.21 27.58%28.09%27.48%970.21 28.29 10.43 128.68 970.65 27.54%28.12%27.00%970.65 28.73 8.69 130.42 971.09 27.50%27.64%26.66%971.09 29.17 6.96 132.16 971.58 27.52%27.41%26.66%971.58 29.67 5.22 133.89 972.07 27.53%27.41%26.65%972.07 30.16 3.48 135.63 972.38 27.37%27.04%26.33%972.38 No Bluff 30.47 1.74 29 935.00 940.00 945.00 950.00 955.00 960.00 965.00 970.00 975.00 980.00 0.00 20.00 40.00 60.00 80.00 100.00 120.00 140.00 160.00 180.00 El e v a t i o n ( f e e t ) Distance (feet) 137.37 972.64 27.18%26.61%30.72 139.11 972.93 27.02%26.21%31.01 140.85 973.22 26.87%25.77%31.31 142.59 973.48 26.69%25.19%31.56 144.33 973.72 26.51%24.57%31.81 146.07 973.95 26.32%23.86%32.04 147.81 974.13 26.10%23.05%32.22 149.54 974.20 25.79%22.07%32.29 151.28 974.30 25.51%21.17%32.38 153.02 974.38 25.23%20.15%32.47 154.76 974.43 24.93%19.03%32.51 156.50 974.43 24.60%17.63%32.51 158.24 974.61 24.42%16.56% 159.98 975.00 24.39%15.96% 161.72 975.30 24.30%15.25% 163.45 975.53 24.16%14.59% 165.19 975.51 23.85%13.55%BIZ 166.93 975.27 168.67 975.20 942.2 OHWL Cumulative Distance (feet) Elevation (Feet) Toe of bluff determination Slope determination Slope determination every 50 ft. Top of bluff determination Labels 0.00 941.60 3.56% 1.89 941.64 3.77%#REF! 3.78 941.73 3.62%#REF! 5.68 941.79 3.65%#REF!941.79 7.57 941.87 3.57%#REF!941.87 0.08 9.46 941.90 4.01%#REF!941.90 0.11 11.35 941.91 5.29%#REF!941.91 0.11 13.24 941.99 5.88%#REF!941.99 0.19 15.13 942.09 6.19%#REF!942.09 0.30 17.03 942.21 #DIV/0!#REF!942.21 OHWL/Toe of Bluff0.41 18.92 942.35 7.31%#REF!942.35 0.55 20.81 942.47 6.97%#REF!942.47 0.68 22.70 942.63 7.36%#REF!942.63 0.83 107.83 24.59 942.88 8.84%#REF!942.88 1.08 105.94 26.48 943.01 8.52%#REF!943.01 1.22 104.05 28.38 943.31 9.68%#REF!943.31 1.51 102.15 30.27 943.58 10.35%#REF!943.58 1.78 100.26 32.16 943.86 10.91%#REF!943.86 2.07 98.37 34.05 944.32 12.39%#REF!944.32 2.52 96.48 35.94 944.77 13.54%#REF!944.77 2.97 94.59 37.84 945.26 14.66%#REF!945.26 3.46 92.70 39.73 945.70 15.39%#REF!945.70 3.91 90.80 41.62 946.27 16.54%#REF!946.27 4.48 88.91 43.51 946.92 17.80%#REF!946.92 5.13 87.02 45.40 947.57 18.89%#REF!947.57 5.77 85.13 47.29 948.19 19.75%#REF!948.19 6.39 83.24 49.19 948.87 20.73%#VALUE!948.87 7.08 81.35 51.08 949.44 21.23% #VALUE!949.44 7.64 68.10 52.97 950.08 21.91%16.53%16.96%950.08 8.29 66.21 54.86 950.53 17.24%17.79%950.53 8.74 64.32 56.75 950.58 21.07%17.20%17.70%950.58 8.78 62.43 58.64 950.56 20.08%17.02%17.54%950.56 8.77 60.54 60.54 950.57 19.21%16.96%17.39%950.57 8.77 58.64 27 62.43 950.45 18.16%16.73%17.10%950.45 8.66 56.75 64.32 950.35 17.22%16.38%16.89%950.35 8.56 54.86 66.21 950.19 16.22%15.85%16.41%950.19 8.39 52.97 68.10 949.87 15.00%15.00%15.56%949.87 8.08 51.08 69.99 949.56 13.88%14.12%14.70%949.56 7.76 49.19 71.89 949.31 12.94%13.38%13.92%949.31 7.51 47.29 73.78 949.22 12.35%12.91%13.50%949.22 7.43 45.40 75.67 949.28 12.06%12.53%13.31%949.28 7.48 43.51 77.56 949.50 12.04%12.69%13.24%949.50 7.70 41.62 79.45 950.03 12.53%13.16%14.03%950.03 8.24 39.73 81.35 951.02 13.70%14.57%15.43%951.02 9.23 37.84 83.24 952.03 14.83%15.99%16.89%952.03 10.23 35.94 85.13 953.10 15.99%17.19%18.48%953.10 11.31 34.05 87.02 954.42 17.44%18.89%20.20%954.42 12.62 32.16 88.91 955.77 18.87%20.58%22.01%955.77 13.98 30.27 90.80 956.87 19.88%21.87%23.23%956.87 15.08 28.38 92.70 957.60 20.34%22.17%23.80%957.60 15.81 26.48 94.59 958.30 20.74%22.27%24.04%958.30 16.50 24.59 96.48 958.80 20.89%22.00%23.76%958.80 17.01 22.70 98.37 959.29 21.00%21.73%23.44%959.29 17.49 20.81 100.26 959.77 21.10%21.34%23.17%959.77 17.98 18.92 102.15 960.28 21.22%21.22%22.80%960.28 18.48 17.03 104.05 960.79 21.35%20.95%22.70%960.79 18.99 15.13 105.94 961.28 21.45%21.05%22.40%961.28 19.49 13.24 107.83 961.78 21.55%21.92%22.48%961.78 19.98 11.35 109.72 962.25 21.62%22.88%23.35%962.25 20.46 9.46 111.61 962.73 21.70%23.82%24.34%962.73 20.94 7.57 113.51 963.20 21.75%24.95%25.26%963.20 21.40 5.68 115.40 963.56 21.71%25.85%26.21%963.56 21.77 3.78 117.29 963.88 21.62%26.81%27.05%963.88 22.09 1.89 119.18 964.34 21.67%28.33%29.57%964.34 22.55 121.07 964.85 21.76%29.94%31.09%964.85 23.06 122.96 965.35 21.84%31.40%32.25%965.35 23.55 124.86 965.79 21.87%32.45%33.03%965.79 24.00 126.75 966.25 21.91%33.22%33.50%966.25 24.45 128.64 966.63 21.88%33.54%33.20%966.63 24.83 130.53 967.03 21.87%33.28%32.01%967.03 25.23 132.42 967.44 21.86%32.14%30.82%967.44 25 ft. above OHWL25.64 134.31 967.84 21.86%30.97%29.49%967.84 26.05 136.21 968.23 21.83%29.61%27.62%968.23 138.10 968.64 21.83%27.85%25.74%968.64 139.99 969.10 21.87%26.09%24.45%969.10 141.88 969.49 21.85%24.69%23.77%969.49 143.77 969.77 21.75%23.83%22.95%969.77 No Bluff 145.66 970.11 21.69%23.14% 147.56 970.58 21.73%23.05% 149.45 971.04 21.77%23.00% 935.00 940.00 945.00 950.00 955.00 960.00 965.00 970.00 975.00 980.00 0.00 20.00 40.00 60.00 80.00 100.00 120.00 140.00 160.00 180.00 200.00 El e v a t i o n ( f e e t ) Distance (feet) 151.34 971.48 21.79%22.92% 153.23 971.88 21.78%22.71% 155.12 972.29 21.78%22.52% 157.02 972.71 21.79%22.36% 158.91 973.11 21.78%22.19% 160.80 973.47 21.74%21.96% 162.69 973.85 21.72%21.77% 164.58 974.22 21.70%21.58% 166.47 974.56 21.64%21.53% 168.37 974.84 21.56%21.45% 170.26 975.05 21.43%20.96% 172.15 975.24 21.29%20.33% 174.04 975.44 21.17%19.77% 175.93 975.58 21.00%19.16% 177.82 975.68 20.82%18.48% 179.72 975.79 20.64%17.94% 181.61 975.87 20.45% 183.50 975.95 20.27% 942.2 OHWL Cumulative Distance (feet) Elevation (Feet) Toe of bluff determination Slope determination Top of bluff determination Labels 0.00 942.42 #REF!942.42 OHWL/Toe of Bluff 1.15 942.55 #REF!942.55 0.13 2.29 942.69 #REF!942.69 0.27 3.44 942.77 #REF!942.77 0.35 4.59 942.84 #REF!942.84 0.43 5.74 942.94 #REF!942.94 0.53 6.88 943.03 #REF!943.03 0.61 8.03 943.11 #REF!943.11 0.69 9.18 943.18 #REF!943.18 0.76 10.32 943.25 #REF!943.25 0.83 11.47 943.31 #REF!943.31 0.89 12.62 943.35 #REF!943.35 0.94 13.77 943.36 #REF!943.36 0.95 65.39 14.91 943.36 #REF!943.36 0.95 89.48 16.06 943.40 #REF!943.40 0.98 88.33 17.21 943.58 #REF!943.58 1.16 87.19 18.35 943.79 #REF!943.79 1.37 86.04 19.50 944.07 #REF!944.07 1.66 84.89 20.65 944.45 #REF!944.45 2.03 83.74 21.80 944.83 #REF!944.83 2.41 82.60 22.94 945.20 #REF!945.20 2.79 81.45 24.09 945.58 #REF!945.58 3.16 80.30 25.24 945.95 #REF!945.95 3.54 79.15 26.38 946.35 #REF!946.35 3.93 78.01 27.53 946.78 #REF!946.78 4.36 76.86 28.68 947.22 #REF!947.22 4.81 75.71 29.83 947.77 #VALUE!947.77 5.35 74.57 30.97 948.43 #VALUE!948.43 6.01 73.42 32.12 949.10 13.37%949.10 6.68 72.27 33.27 949.76 14.43%949.76 7.35 71.12 34.42 950.43 15.48%950.43 8.01 69.98 35.56 951.12 16.71%951.12 8.71 68.83 36.71 951.82 17.96%951.82 9.41 67.68 37.86 952.54 19.18%952.54 10.12 66.54 39.00 953.26 20.47%953.26 10.85 65.39 40.15 953.91 21.60%953.91 11.49 64.24 41.30 954.49 22.62%954.49 12.07 63.09 42.45 955.07 23.64%955.07 12.65 61.95 43.59 955.60 24.58%955.60 13.18 60.80 44.74 956.09 25.48%956.09 13.68 59.65 45.89 956.58 26.44%956.58 14.17 58.51 47.03 957.16 27.59%957.16 14.74 57.36 48.18 957.79 28.78%957.79 15.37 56.21 49.33 958.43 29.70%958.43 16.01 55.06 50.48 959.16 30.73%959.16 16.74 53.92 51.62 959.92 31.71%959.92 17.51 52.77 52.77 960.70 32.51%960.70 18.29 51.62 53.92 961.38 33.11%961.38 18.97 50.48 55.06 962.01 33.61%962.01 19.59 49.33 56.21 962.61 34.07%962.61 20.19 48.18 57.36 963.38 34.85%963.38 20.96 47.03 58.51 964.19 35.67%964.19 21.77 45.89 59.65 964.99 36.43%964.99 22.58 44.74 60.80 965.94 37.44%965.94 23.53 43.59 61.95 966.90 47.18%966.90 24.48 42.45 63.09 967.84 40.30%48.97%967.84 25 ft. above OHWL25.42 41.30 64.24 968.61 40.77%50.49%968.61 26.19 40.15 65.39 969.32 41.14%51.91%969.32 26.90 39.00 66.54 969.98 41.43%53.16%969.98 27.56 37.86 67.68 970.49 41.48%53.83%970.49 28.08 36.71 68.83 970.98 41.50%54.38%970.98 28.56 35.56 69.98 971.43 41.47%54.72%971.43 29.02 34.42 71.12 971.55 40.96%54.20%971.55 29.13 33.27 72.27 971.62 40.41%53.59%971.62 29.21 32.12 73.42 971.69 39.88%52.97%971.69 29.28 30.97 74.57 971.77 39.37%52.39%971.77 29.36 29.83 75.71 971.85 38.88%51.80%971.85 29.44 28.68 76.86 971.94 38.41%51.18%971.94 29.52 27.53 78.01 972.08 38.03%50.61%972.08 29.67 26.38 79.15 972.22 37.66%50.00%972.22 29.81 25.24 80.30 972.36 37.29%49.19%972.36 29.95 24.09 81.45 972.51 36.95%48.16%972.51 30.09 22.94 82.60 972.66 36.61%47.12%972.66 30.24 21.80 83.74 972.80 36.29%46.08%972.80 30.39 20.65 84.89 972.94 35.95%45.01%972.94 30.52 19.50 86.04 973.07 35.63%43.90%973.07 30.66 18.35 87.19 973.18 35.29%42.72%973.18 30.77 17.21 940.00 945.00 950.00 955.00 960.00 965.00 970.00 975.00 980.00 0.00 20.00 40.00 60.00 80.00 100.00 120.00 El e v a t i o n ( f e e t ) Distance (feet) 88.33 973.25 34.90%41.42%973.25 30.83 16.06 89.48 973.30 34.52%40.07%973.30 30.89 14.91 90.63 973.35 34.13%38.88%973.35 30.93 13.77 91.77 973.40 33.76%37.82%973.40 30.98 12.62 92.92 973.45 33.40%36.76%973.45 31.03 11.47 94.07 973.53 33.08%35.87%973.53 31.12 10.32 95.22 973.66 32.82%35.14%973.66 31.25 9.18 96.36 973.81 32.58%34.46%973.81 31.40 8.03 97.51 973.96 32.35%33.60%973.96 31.54 6.88 98.66 974.06 32.08%32.55%974.06 31.65 5.74 99.80 974.13 31.77%31.39%974.13 31.71 4.59 100.95 974.10 31.38%29.88%974.10 31.68 3.44 102.10 974.00 30.93%28.14%974.00 31.58 2.29 103.25 973.92 30.52%26.43%973.92 31.51 1.15 104.39 973.91 30.17%25.06%973.91 31.50 105.54 973.95 29.88%23.87%973.95 31.53 106.69 973.99 29.59%22.76%973.99 107.83 974.02 29.31%21.28%974.02 108.98 974.05 29.03%19.73%974.05 110.13 974.08 28.76%18.18%974.08 Top of Bluff 111.28 974.13 28.50%16.38%974.13 Removal consistent with expected removal when issuing building permit and excepted by 8.21. Violation area. Area is considered bluff impact zone and steep slopes. Time of grading/vegetation removal is documented by CMSCWD as early as 7/27/2023 before permit for retaining wall was received or approved (8/1/2023 and 9/11/2023, respectively). Additional trees exist in area based on photographs. Significant tree determination (over 6" DBH) is not relevant when considering vegetation removal in 8.2 Vegetation Management. Removal consistent with expected removal when issuing building permit and excepted by 8.21 Unclear need for removal. Area likely considered bluff and trees are located over 50 ft. from structure and 16 ft. from draintile. Removal of is only allowed in the BIZ rather than on bluff (clarify with DNR if old 8.23 should be interpreted to be limited to BIZ (30 ft) or entire length of BIZ). Hollow basswood could be removed without permit is posed a safety hazard. 34.7 5 f t 1 6 . 3 7 f t 20'-10 1/2" 20'-10 1/2" 20'-10 1/2" 20'-10 1/2" Bluff Impact Zone Estimate End of Bluff (not a 25 ft. rise), still steep slopes Attachment 5 19489 Manning Trail North Retaining Wall History Chronological Summary and Findings • 12-16-2021: Retaining wall not shown on 7-12-2021 or 12-16-2021 surveys (12-16 is Variance approval) • Existing Conditions (photos from CMSCWD) o 5-3-2022 Attachment 6 o 8-19-2022 • 6-22-2022: Retaining wall first appears on 6- 22-2022 survey as one row, shown as one row through 7-22-2022 survey • 7-14-2022: City Engineer approves grading permit. Submitted plan show a single tiered retaining wall with no grading activities occurring in area in question. • 4-20-2023: ESC report from CMSCWD shows significant sediment accumulating in area, unclear if area is disturbed at this time. Appears to be without vegetation or at least covered in eroded materials • 6-5-2023: Survey shows retaining wall expanded to north and south and realigned with removed gravel trail. As-built grading (5-26-2023) along retaining wall area and below. • 7-27-2023: ESC report from CMSCWD shows work has begun on retaining wall that matches plans that will be dated 8-15-2023. Trees noted below as potential violations clearly removed. No permit or variance approval that allows work at time of observation. • 8-01-2023: permit submitted to City for retaining wall. Submittal only includes a singular wall without south piece wrap around. • 8-15-2023: Survey shows realigned lower wall and additional tiered wall with as- built grading that has been changed (as-built from 2023-05-26) As built grades on bottom of retaining wall different from 2023-06-05 with same date of observation. Review of 12-16-2021 survey confirms that bluff exists south of the area and vegetation was cleared in the bluff impact zone and along steep slopes. Therefore, the alterations made before submitting a permit, were a violation of the vegetation management standards. Site should be reviewed to confirm location of existing trees located at top of retaining wall. Healthy trees confirmed to be removed by applicant in retaining wall area should be considered unauthorized vegetation management. Trees to be confirmed shown circled in orange below. Trees believed to remain shown circled in blue.