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Backus - V 95-10 Page 2 <br /> September 26, 1995 <br /> • and 4, Block 2, Meadowvale Heights Second Addition are unbuildable lots at <br /> this time due to the fact that a home cannot be placed on either parcel and <br /> meet all the structure and DNR shoreland setbacks. <br /> History <br /> Meadowvale Heights subdivision was platted in 1993 into 108 lots. The <br /> subdivision was completed in two phases - First and Second Addition. A <br /> small unnamed stream/ditch flows through Meadowvale Heights Second <br /> Addition. The stream/ditch is a DNR protected tributary stream which <br /> mandates a 50 foot structure setback from the ordinary high water mark. <br /> The stream is also classified as a county ditch, therefore, jurisdiction would <br /> fall under both the county and DNR concerning improvements on this <br /> waterway. <br /> When Meadowvale Heights was platted in 1993, there was confusion <br /> between the developer/city/county and DNR concerning the jurisdiction of <br /> this stream/ditch. The confusion started when the developer proposed to <br /> cross the unnamed tributary in order to construct 192-1/2 Lane to <br /> Meadowvale Road. The developer received permission from the city, county, <br /> DNR, and Army Corps of Engineers for the crossing. The DNR wrote a letter <br /> • to the city concerning the stream/ditch crossing dated March 30, 1993, <br /> indicating the ditch filling did not need a permit because the stream drains <br /> less than five square miles. Both the city and developer wrongly construed <br /> that the DNR would not have jurisdiction over the stream/ditch in the future <br /> because it drains less than five square miles. The road crossing was <br /> constructed and is currently in place over the stream/ditch. <br /> In conjunction with the ditch crossing the applicant was also proposing to <br /> relocate the stream/ditch through the southern portion of the plat in order to <br /> create additional buildable lots in Meadowvale Heights Second Addition. In <br /> 1995, the developer worked with the county and city to relocate the <br /> stream/ditch approximately 35 feet to the southern portion of Lots 3 and 4, <br /> Block 2, Meadowvale Heights Second Addition in order to make the lots <br /> more buildable. The developer did not realize that the stream/ditch <br /> relocation needed DNR authorization because of the DNR's previous letter. <br /> When the city received the plans for the ditch relocation, they were <br /> forwarded to the DNR for review. Meadowvale Heights Second Addition <br /> received final plat approval on March 20, 1995. On the final plat the <br /> developer showed the ditch already being located to the southern end of Lots <br /> 3 and 4, Block 2, Meadowvale Heights Second Addition, when in fact, the <br /> relocation was not yet approved. When the city reviewed the final plat for <br /> Meadowvale Heights Second Addition, it was assumed the ditch was shown <br /> • <br /> in its current location. However, the issue resurfaced recently as the DNR <br /> reviewed the application for the stream/ditch relocation. The DNR was not <br />