5.6 PCSR 08-23-1994 - Laserfiche WebLink

Home Browse Search

STATE OF CD DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATERS • PHONE NO. P. O. Box 370 FILE NO. St. Cloud, MN 56302 (612)255-4278 November 15, 1988 PF,. Steve Rohif, Zoning Administrator City of Elk River 720 Dodge Ave. N. W. Elk River, MN 55330 Dear Steve: COMMENTS ON PROPOSED "SHORES OF BRIARWOOD" PLAT, KLIEVER'S MARSH (71-3W) I have reviewed the above mentioned preliminary plat and I have the following comments: This proposed four lot subdivision is located on the west side of Kliever's Marsh. Kliever's Marsh is classified by the DNR as a Natural Environment (NE) Lake. In accordance with the requirements of the Elk River Shoreland Ordinance the minimum State Shoreland Management requirements must be met. These standards • require a lot size of at least 80, 000 square feet (City R1-A District requires 2. 5 acres), and a lot width of at least 200 feet at the shoreline and building line. In addition, any structures built on this Marsh must be set back at least 200 feet from the Ordinary High Water (OHW) mark, and sewer systems must be set back at least 150 feet. The surveyor's notes indicate that all four lots contain over two acres of area, but all of the lots in Block 2 contain at least some lakebed area. The preliminary plat does not indicate the OHW elevation, but does show a waterline that apparently is the basis for the septic setback shown. Unfortunately, the DNR has no OHW elevation information available for this lake. State Rules require that the lot size requirement be met with land located above the OHW elevation. I question whether the water line shown on the plat is in fact the OHW line and therefore whether all of these lots meet the lot size requirements. The only way to resolve this question would be to have either City or DNR staff estimate the proper OHW level for Kliever Marsh. OHW level is defined by law as the highest level a water body is at long enough to leave recoverable evidence on the landscape. Usually this correlates to a tree line around a basin. If it is found that the OHW is higher than indicated, some of the proposed lots (probably lots 2 & 3, bk 2) may not meet lot size requirements. All three lots in Block 2 are shaped so that it is impossible to meet all setback requirements. And, depending on the exact location of the OHW line it may not be possible to even meet sewage system setbacks. I am very concerned about approving a plat like this where several variances would also be required. I • suggest the City look at the variance question before they consider the plat. While it could be argued that due to the unusual shape of the property some variances are warranted, I feel that the number of variances needed for this proposal is excessive. The City should require the developer to modify the proposal to at least reduce the number of variances needed. AN EQUAL OPPORTUNITY EMPLOYER