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PLANNERS <br /> J <br /> YUCICS SNRINEERS <br /> SURVEYORS <br /> A DESIGNERS <br /> CY socia S, ARCHEOLOGISTS <br /> • <br /> August 29, 1995 <br /> Mr. Steven Ach <br /> City of Elk River <br /> 13065 Orono Parkway <br /> Elk River,Minnesota 55330 <br /> Re: Meadowvale Heights Second Addition <br /> Request for Variance setback on Lots 4 and 5,Block 2,Elk River,Minnesota <br /> Loucks Project No. 93-101B <br /> Dear Mr. Ach: <br /> On behalf of the developer, Mr. Dennis Backes, we are requesting a variance to the front yard <br /> and rear yard setback for Lots 4 and 5, Block 2, in Meadowvale Heights Second Addition. The <br /> requested variance is for the following: <br /> • 1. Front yard setback of 25 feet(5 foot variance) <br /> 2. Setback from ditch 30 feet (20 foot variance) <br /> The purpose of the variance is to allow construction of homes on these two lots with an <br /> approximate 40 foot house pad without relocation of the existing ditch,see attached drawing. <br /> During Phase I, we obtained permission from the City, County, DNR and Army Corps of <br /> Engineers to fill the ditch and install a culvert in order to build the roadway (192 1/2 Street) to <br /> Meadowvale Road. In addition, we met with the County Engineer and the County Ditch <br /> Inspector to design the final ditch relocation. At that time, the County required this ditch <br /> segment be incorporated into the County ditch system by placing easements over the ditch. It <br /> was our understanding that the County was the agency to approve the ditch realignment. The <br /> DNR wrote a letter to the City of Elk River dated March 30, 1993, indicating that the ditch <br /> filling did not need a permit. Because lot sales were not going as anticipated in Phase I, the <br /> ditch relocation process was put on hold by the developer. <br /> This year when we proceeded with the final plat for Meadowvale Heights Second Addition,we <br /> approached the County and City to relocate the ditch. It was also our belief that the DNR <br /> would not have jurisdiction over this section of ditch because it had a tributary area under five <br /> square miles as stated in their March 30, 1993,letter. Circumstances and approvals are different <br /> than what was anticipated in 1993. The County position is that the City is responsible for the <br /> ditch. We submitted the plans to the City and they required us to get DNR authorization. The <br /> DNR now claims jurisdiction over the ditch and has indicated they will not approve the ditch <br /> • relocation. After reviewing the ditch relocation with the City staff and the DNR, it was <br /> 7200 HEMLOCK LANE, SUITE 300, MAPLE GROVE, MINNESOTA 55369-5592 <br /> TEL: (612) 424-5505 FAX: (612) 424-5822 <br />