7.6. SR 10-16-1995 - Laserfiche WebLink

Home Browse Search

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