HomeMy WebLinkAbout01-093 Impervious Surface Variance
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Planning Case File No.
Property Identification No.
tJ{-0Ct3
City of Prior Lake
ZONING/LAND USE APPLICATION
Type of Application
Brief description of proposed project
(please describe the proposed amendment, project, or
variance request, Attached additional sheets if
necessary),
D Concept Plan
D Preliminary Plat
D Final Plat
D Combination of Preliminary and Final Plat
D CIC Plat
D Modification to Approved Final Plat
D Administrative Land Subdivision
D Registered Land Survey
.P Metes & Bounds Subdivision (Request for Council Waiver)
}[3 Variance~
D Other
Applicant:
Address:
Telephone:
D. Mark Crouse
l:>:>UI Ga..lmUt Avenue, pr10r .Lake, J!N
:>:>3/Z
952.440.5233
(home)
(work)
(fax)
Property Owners (if different than applicant):
Address:
Telephone: (home)
Type of Ownership: IiI Fee
(work)
o Contract for Deed
(fax)
o Purchase Agreement
Engineer/Surveyor: Valley Surveying Co.
Address: 16670 Franklin Trai1 SE, '230, Prior Lake, MN 553/2
Telephone: ,'!:>Z.44/.Z:>IU' (office) (fax)
Legal Description of Property (Attach additional sheets if necessary):
To the best of my knowledge the information provided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applications will not be processed until deemed complete by the Planning Director or assignee.
~ 7JJ1a-..4 ~ Ic)/.J...-2-{O,
Applicant's Signature Date .
~-" -,n~ ~ ./d l.J,y/~-!
Fee Owner's Signature Date
nON
'" '[J Yes: 0 No
" ,oIialpag~ if~ecessary).
1:\handouts\2001 handouts\subdivisions\subdivision app,doc
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PLANNING DEPARTMENT
VARIANCE APPLICATION REVIEW CHECKLIST
I.
OPEN FILE- Date Received:
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II I, ,,,,,'1.Y
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IJ) Assign file number
G:J Open and label file folder
W Create file directory under variances
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II./CHECKAPPLICATION FOR COMPLETENESS Ij_/7'~I_'A,~. ~~.~'-
~" Completed application, including the appropriate signatures -..
~ Filing Fee _ "
~- ~'-;~/- ~j~
~ ~Necessary attachments ouse Plan~urs, etc.)
r::;:(' List and labels of property owners within 350' (verify map and
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radius) 1/IIlK04~
~/ Written description ~f spe~ific variances requested
"...
~.. Are all the requested variances included?
III. WITHIN 10 BUSINESS DAYS:
A.
,.-
B
Incomplete application (I:\template\variance\incomplt.doc)
u/? 101 ~1
Notify applicant by mail of incomplete application and list
necessary submittals in order to make application complete
B. Complete Application (I:\template\variance\complete.doc)
t1liqf91 ~-
~otify applicant by mail that application is complete.
includes:
~ Tentative meeting date, time and location
~ Applicant is expected to attend meeting
~ Extension of 60 day action date to 120 days
Letter
I:\deptwork\blankfrm\varcheck.doc
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PLANNING DEPARTMENT
VARIANCE APPLICATION REVIEW CHECKLIST
~~ ~ V'~_ ~~.J(. (];Jl~b{1
IV. PREPARE REFERRALS (1:\te~pt2\v~r;anCe\referral.dOC)
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Send referral notice of application to list of agencies and
departments.
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,
Include DNR if located in a Shoreland or Flood Plain District
Include County Highway Dept. if adjacent to a County Road
Include other agencies as appropriate
V. PREPARE HEARING NOTICE FOR PUBLICATION
(I:\template\variance\heamote.doc)
~Notice includes:
~ Correct meeting date
~ Legal description of property
~ Property Address
~ Description of variance requests
~ Send notice to Prior Lake American by 12:00 NOON on
Wednesday 3 weeks prior to meeting date
VI. PREPARE HEARING NOTICE FOR MAILING
~emplate\variance\mailnote.doc )
~ Notice includes:
~ Correct meeting date
~ Legal description of property
~ Property Address
~ [)escription of variance requests
~erify map and radius again!
....--
~abel or type envelopes
ca/Mail notices at least 10 days before hearing date
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PLANNING DEPARTMENT
VARIANCE APPLICATION REVIEW CHECKLIST
Notice must be mailed to:
~ Property Owner's List
~ Applicant
~ Property Owner (if other than applicant)
~ DNR (Shoreland or Flood Plain applications)
VII. PREPARE PLANNING REPORT
A. Report includes: (I:\template\variance\varrpt.doc)
ORelevant Facts (including any previous actions or variances)
rr Suggested Findings
~Staff Recommendation (including any conditions)
~Resolution for Planning Commission adoption ( see
I:\template\variance\appres.doc or I:\template\variance\denyres.doc)
~Location Map
I::)/'survey/Site Plan
c;:r- Copy of hearing notice and/or application
~ Other Exhibits
B. Submit report to supervisor by Tuesday before
hearing date
C. Mail a copy of the staff report and agenda to the
applicant (and to the property owner, if different than
the applicant)
~he cover letter should include the meeting date, time and
location, and the fact that the applicant is expected to be present.
VIII. FOLLOWING PLANNING COMMISSION DECISION
A. If APPROVED:
if Prepare Assent Form (I:\template\variance\assent.doc)
I:\deptwork\blankfrm\varcheck.doc
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PLANNING DEPARTMENT
VARIANCE APPLICATION REVIEW CHECKLIST
Resolution signed by Planning Commission Chair
~ Resolution signed by Planning Director
~ed and certified resolution and assent form sent to applicant
for recording (see I:\template\variance\truecopy.doc for certification form)
D Applicant returns recorded copy of resolution and assent form or
other proof of recording
B. If DENIED: t~ ~ tL- CJ 1- (Jh~ f' C
~Resolution signed by Planning Commission Chair
~olution signed by Planning Director
C. In SHORELAND or FLOOD PLAIN DISTRICT:
~end copy of resolution to DNR within 10 days of Planning
Commission decision
IX. CLOSE FILE
~. Add header to file folder
~ned and recorded copy of resolution
~igned and recorded copy of assent form
D
D
iLY
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Planning Commission Minutes
Enter in Property Management
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and ~inutes
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RESOLUTION 01-025PC
A RESOLUTION DENYING A 16.4% VARIANCE TO PERMIT A 46.4%
IMPERVIOUS SURFACE COVERAGE AREA
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Mr. D. Mark Crouse (applicant/owner) has applied for variances from the Zoning
Ordinance in order to permit an impervious surface area of 46.4% on a single family
residence on property located in the R -1 (Low Density Residential) District and the
SD (Shoreland Overlay) District at the following location, to wit;
15507 Calmut Avenue NE, legally described as Lot 9, and that part of Lot 10,
North Grainwood, and that part Government Lot 5, Section 25, Township 115,
Range 22, Scott County, Minnesota, described as follows:
Commencing at the northwest comer of said Lot 10; thence southerly along
the westerly line of said Lots 10 and 9 and also 8, a distance of 165.00 feet to
the actual point of beginning of the land to be described; thence westerly
along the north line of said plat to the easterly right-of-way line of the
Chicago, Milwaukee, St. Paul and Pacific Railroad; thence northerly along
said easterly right-of-way line to its intersection with the westerly extension of
the southerly line of the northerly 45.00 feet (as measured at right angles to
the northerly line) of said Lot 10; thence easterly along said southerly line to
the shoreline of Prior Lake; thence southerly along said shoreline to the south
line of said Lot 9; thence westerly along said south line of said Lot 9, to the
southwest comer thereof; thence southerly along the westerly line of said Lot
8, to the actual point of beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #01-093PC and held hearings thereon on December 10, 2001.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
1:\01 files\O 1 variances\O 1-093\dnyrs,doc 1
16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNIlY EMPLOYER
v
4. Because of conditions on the subject property and on the surrounding property, the
proposed variance will result in the impairment of an adequate supply of light and air
to adjacent properties, unreasonably increase congestion in the public streets, increase
the danger of fire, and danger to the public safety, unreasonably diminish or impair
health, safety, comfort, morals or in any other respect be contrary to the Zoning
Ordinance and Comprehensive Plan.
5. A legal impervious surface area exists that meets the permitted coverage area for the
subject lot, such that the hardship has been created by the applicant. Reasonable use
of the property exists without the requested variances.
6, There is no justifiable hardship caused by the permitted impervious coverage area as
reasonable use of the property exists without the granting of the variance.
7. The granting of the variance, as originally requested, is not necessary for the
preservation and enjoyment of a substantial PJ.vperty right of the applicant. The
variance will serve merely as a convenience to the applicant, and is not necessary to
alleviate demonstrable hardship. The factors above allow for an alternative structure
to be permitted with a reduced variance or none at all.
8, The contents of Planning Case 00-093PC are hereby entered into and made a part of
the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following variance for an impervious coverage area on an existing single family dwelling,
as shown in Attachment 1 - Certificate of Survey;
1. A 1,260 square foot variance to permit an impervious surface coverage area of 3,567
square feet (46.4%) rather than the permitted maximum area of 2,307 square feet
(30%).
Adopted by the Board of Adjustment on December 10, 2001.
An~OmnrlsSiOn Chair
(\TTEST: ~i!,
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Vonald R. :Rye, li'f-g Director
1:\01 files\O 1 variances\O 1-093\dnyrs,doc
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Doc. No. A 554094
OFFICE OF THE COUNTY RECORDER
SCUI I COUNTY, MINNESOTA
Certified Filed and/or Recorded on
06-27-2002 at 12:45 Receipt: 192535
Pat Boeckman, County Recorder 01
Fee: $21.00
Proj ect #
STATE OF MINNESOTA)
)55.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
___ 'I,
RESOLUTION #Ol-OllPC
CASE FILE # Ol-017PC
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on file inthe office of the City Planner, City of Prior L
---
Dated this 5th day of June, 2002.
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RESOLUTION Ol-OllPC
A RESOLUTION ~ ~ AOVING A VARIANCE TO PERMIT AN IMPERVIOUS
SURFACE COVERAGE AREA OF 38%, RA1J::1.J!jJ:( THAN .1J::1.J!j MAXIMUM
ALLOWABLE AREA OF 30%
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Mr, D. Mark Crouse (applicant/owner) has applied for variances from the Zoning Ordinance
in order to permit a paved driveway area to a single family residence with attached garage on
property located in the R-l (Low Density Residential) District and the SD (Shoreland
Overlay) District at the following location, to wit;
25 t)~'5 ooeoO
15507 Calmut Avenue NE, legally described as Lot 9, and that part of Lot 10, North
Grainwood, and that part of Government Lot 5, Section 25, Township 115, Range
22~ Scott County, Minnesota described as follows:
Commencing at the northwest comer of said Lot 10; thence southerly along the
westerly line of said Lots 10 and 9 and also 8, a distance of 165.00 feet to the actual
point of beginning of the land to be described; thence westerly along the north line
of said plat to the easterly right-of-way line of the Chicago, Milwaukee, St. Paul and
Pacific Railroad; thence northerly along said easterly right-of-way line to its
intersection with the westerly extension of the southerly line of the northerly 45.00
feet (as measured at right angles to the northerly line) of said Lot 10; thence easterly
along said southerly line to the shoreline of Prior Lake; thence southerly along said
shoreline to the south line of said Lot 9; thence westerly along said south line of said
Lot 9, to the southwest comer thereof; thence southerly along the westerly line of
said Lot 8', to the actual point of beginning,
2. The Board of Adjustment has reviewed the application for variances as contained in Case
#01-017PC and held hearings thereon on June 25, 2001, and on July 23,2001.
3, The Board of Adjustment continued the hearing to August 27, 2001, to allow the applicant
time to present additional information.
4. The Board of Adjustment further continued the hearing to September 10,2001, at the request
of the applicant.
5. On September 10,2001, the Board of Adjustment continued the review of the application for
variances and allowed the applicant and other interested parties the opportunity to present
their views.
r 1:\OIfiles\OIvariances\OI-OI7\apTVIl,doc . 11_ A~ 1
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\ 16200 Eagle Creek Ave. S,E" Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245
\
AN EQUAL OPPORTUNITY EMPLOYER
6. The Board of Adjustment has considered the effect of the proposed variance upon the health,
safety, and welfare of the community, the existing and anticipated traffic conditions, light
and air, danger of fire, risk to the public safety, the effect on property values in the
surrounding area and the effect of the proposed variance on the Comprehensive Plan.
7, Because of conditions on the subject property and on the surrounding property, the variance
will not result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and danger
to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in
any other respect be contrary to the Zoning Ordinance and Comprehensive Plan.
8. The impervious surface area required for a driveway is such that the hardship created has not
been created by the applicant. However, there is no justifiable hardship for the additional
impervious surface area.
9. There is a justifiable hardship caused by the requirements of the ordinance, as reasonable use
of the property does not exist without the granting of the variance for a hard surface
driveway from the street to the garage, which would not be permitted without a variance.
There is no justifiable hardship for the additional impervious surface area requested.
10, The granting of the variance is necessary for the preservation and enjoyment ofa substantial
property right of the applicant. The variance will not serve merely as a convenience to the
applicant, ~nd is not necessary to alleviate demonstrable hardship.
11. The contents of Planning Case 00-017PC are hereby entered into and made a part of the
public record and the record of decision for this case,
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the following
variance for an impervious surface area no greater than 38%, as shown in a Revised Attachment
1 Certificate of Survey:
1. A variance to permit an impervious surface coverage area of 38% of the lot area above the
904 foot elevation, rather than the allowecl maXimum area of 30%.
The following conditions must be adhered to as part of the approved variance Resolution:
1. The applicant shall submit to the City of Prior Lake a revised certificate of survey
identifying the impervious surface to remain and the impervious surface to be removed to
verify all conditions of this Variance Resolution shall be met within 60 days ofthe date of
approval.
2. Resolution Ol-OIIPC as adopted by the Planning Commission shall be recorded at Scott
County within 60 days of the date of approval and proof of recording shall be submitted to
the Planning Department along with the acknowledged Assent Form.
Adopted by the Board of Adjustment on October 8, 2001.
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1:\01 files\O 1 variances\O 1 -0 1 7\aprvrs.doc
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onald R. Rye, Plamiin
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Thomas E. V~of ~ · d.-
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SURVEY PREPARED rOR:
MARK CROUSE
1~'507 CALMUT AVE, NE
PRIOR LAKE. MN, &5372
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Valley Surveying Co., P. A,
SUITE 230. FRANKLIN TRAIL OFFICE ..,'L.. ,JlNIUM
16670 FRANKUN TRAIL S. E,
PRIOR LAKE. MINNESOTA !l5372
TELEPHONE (6121447-2570
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BOClIC.122.. PAGE 48
ASSENT OF APPLICANT
File # Ol-017PC
As Approved by Resolution # Ol-OllPC
1, I have read the conclusions and conditions of said Resolution, and I am familiar with
their contents and with the content of the exhibits,
2. I fully accept all of the terms and conditions of said Resolution.
3. I understand Section 1108.400 of the Prior Lake Ordinance Code provides as follows:
1108.413 Revocation and Cancellation of a Variance, A Variance may be
revoked and canceled if the Zoning Administrator determines that the
holder of an existing Variance has violated any of the conditions or
requirements imposed as a condition to approval of the Variance, or has
violated any other applicable laws, ordinances, or enforceable regulation,
1108.414 After One Year. No Construction Reauired. All Variances shall be
revoked and canceled if 1 year has elapsed from the date of the adoption
of the resolution granting the Variance and the holder of the Variance
has failed to make substantial use of the premises according to the
provisions contained in the Variance.
1108.415 After One Year. New Construction Reauired. All Variances shall be
revoked and canceled after 1 year has elapsed from the date of the
adoption of the resolution granting the Variance if a new structure or
alteration or substantial repair of an existing building is required by the
Variance and the holder has failed to complete the work, unless a valid
building permit authorizing such work has been issued and work is
progressing in an orderly way.
1108.416 Uoon Occurrence of Certain Events. If the holder of a Variance fails
to make actual use of vacant land, or land and structures which were
existing when the Variance was issued and no new structure, alteration
or substantial repair to existing buildings was required; or if a new
structure was required by the Variance and no building permit has been
obtained, the Variance shall be deemed revoked and canceled upon the
occurrence of any of the following events:
(1) A change in the Use District for such lands is made by amendment to
the Zoning Ordinance by the City Council.
.
L:\O 1 files\OI variances\01-017\ASSENT,DQC
1
16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.
..
(2) Eminent domain proceedings have been initiated to take all or any
part of the premises described in the Variance.
(3) The use described in the Variance becomes an illegal activity under
the laws of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such Variance is forfeited to
the State of Minnesota for nonpayment of taxes.
(5) The person to whom the Variance was issued files a written statement
in which that person states that the Variance has been abandoned.
The statement shall describe the land involved or state the resolution
number under which the Variance was granted.
(6) The premises for which the Variance was issued are used by the
person to whom the Variance was issued in a manner inconsistent
with the provisions of such Variance.
4. I understand the granting by the City of this Resolution is in reliance on the
representations that I will fully comply with all of the terms and conditions of said
Resolution. I understand and agree upon notice of non-compliance with any term or
condition, I shall immediately cease conducting activities pursuant to the notice or
will take all actions necessary to accomplish full compliance with said notice and
conditions of the Resolution.
(o/.J. 7/0.)...
DATE
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SIGNATURE OF APPLICANT
~e /vU~ ~
SIGNATURE OF OWNER
15507CALMUT AVENUE
ADDRESS OF PROPERTY
L:\OI files\OI variances\O 1-0 1 7\ASSENT,DOC
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Original
Reports
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L:\TEMPLATE\FILEINFO.DOC
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
5B
A PUBLIC HEARING TO CONSIDER A VARIANCE TO
IMPERVIOUS SURFACE AREA ON PROPERTY LOCATED
AT 15507 CALMUT AVENUE FOR MR. D. MARK CROUSE,
(Case File #01-093PC)
LOT 9, AND PART OF LOT 10, NORTH GRAINWOOD
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO
DECEMBER 10, 2001
The Planning Department received a variance application from Ms. Allison Gontarek,
Huemoeller & Bates Attorneys At Law, representing Mr, D. Mark Crouse the owner of
the property at 15507 Calmut Avenue. The applicant is submitting a variance request
for an increased impervious surface coverage area. (Attachment 1 - Certificate of
Survey).
On October 8, 2001, the applicant was previously granted a variance for an impervious
surface coverage area of 38% by the Planning Commission (Resolution 01-011 PC).
This variance allowed the applicant to keep a portion of an existing driveway to access
his 3 stall garage, while removing the additional parking and rear yard patio areas to
accomplish the 38% coverage area. The applicant has since received an engineer's
report on the need for the lakeside patio area to provide soil stabilization around the
structure foundation.
The applicant therefore requests the following Variance:
1) A 1.260 SQuare foot variance to oermit an imoervious surface coveraae area of
3.567 SQuare feet (46.4%) rather than the oermitted maximum area of 2,307 SQuare
feet (30%) [Ordinance Section 1104.306: Impervious Surface Coverage].
HISTORY:
On June 25, 2001, the Planning Department held a public hearing for two variance
requests from Mr, D. Mark Crouse (applicant/owner) on the property located at 15507
Calmut Avenue, The requests included a variance from the ordinary high water mark for
a deck setback, and a variance to the maximum impervious surface area, The Planning
Commission denied the deck variance and continued the public hearing regarding the
L:\01flles\01varlances\01-093\VarRprt1,DOC Page 1
16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
impervious surface variance to allow the applicant more time to revise the request
because the Commission did not believe the applicant provided proof of hardship for the
requested 4,422 square feet impervious area or 57.5% of the total lot area.
At the public hearing held on July 23, 2001, the Planning Commission again continued
the pUblic hearing to August 27,2001, to allow the applicant time provide new
information, In addition, the Planning Commission directed the applicant to reduce his
variance request for an impervious surface coverage area in the 30-percentile range.
On August 27,2001, the applicant requested an additional continuance of the public
hearing and the Planning Commission continued this item to the next scheduled
meeting. On September 10, 2001, the Planning Commission directed staff to draft a
resolution approving a variance to allow an impervious surface area of 36%. On
September 24, 2001, the Planning Commission reconsidered their earlier action and
determined a 36% impervious surface area would not allow for a complete driveway to
the existing 3 stall garage. The Commission adopted Variance Resolution 01-011 PC to
allow a 38% impervious surface coverage area for the proposed driveway. The
variance provided a driveway with dimensions of 24' wide at the front lot line, 24' deep
by 36' wide at the garage, and tapering back to the front property line, for a total
impervious coverage area of 792 square feet.
DISCUSSION:
A building permit for the house on this lot was issued in 1995. A condition of approval of
the permit stipulated the impervious surface area was not to exceed 30 percent. Most
of the additional impervious surface area, such as the driveway and patio, were added
after the completion of the existing house without permits,
The applicant now proposes a 46.4% impervious surface coverage area to permit the
existing patio area to remain due to the need for a "cap" over the fill area around the
home's foundation for soil stabilization, as recommended by the engineering firm
Professional Engineering Consultants, Inc. (Attachment 2 - Engineers Letter). The
lakeside yard patio area of 539 square feet will add 8.4% to the previously approved
impervious surface coverage area of 38%.
The subject lot has a total area of 7,689 square feet which allows for 2,307 square feet
of impervious surface to equal the 30% coverage area as permitted under the
Ordinance. The area for house and garage totals 2,152 square feet. The area for the
driveway amounts to 792 square feet, plus 84 square feet for the front stoop. When
combined with the patio area of 539 square feet, the total requested impervious surface
coverage area equals 3,567 square feet or 46.4% of the total lot area (Attachment 3 -
Impervious Surface Worksheet).
The applicant also proposes to remove 372 square feet of concrete by modifying the
existing 4 I concrete sidewalks to a maximum width of 3' as permitted under the City
Ordinance. Sidewalks less than 3' wide are not considered impervious surface by
definition. In addition, the applicant proposes to remove approximately 186 square feet
of existing driveway area in the public right-of-way, and 570 square feet of parking area
along the garage on the subject lot.
L:\01 files\01 varlances\01-093\VarRprt1 ,DOC
Page 2
A follow-up inspection of the subject property was conducted on August 6, 2001. The
deck and concrete impervious surface coverage area remain, as documented on the
original certificate of survey. In addition, a metal frame with tarp boat shelter has been
installed on the south side of the property. To my knowledge, this shelter was not
included on the original or proposed impervious surface calculations, and is not depicted
on the certificate of survey submitted for this variance request.
The City Engineering Department reviewed this request, including the engineer's letter
of recommendation to allow the applicant to keep the existing patio (cap) for soil
stability. The Department noted the absence of calculations in the letter to support their
recommendation for the cap. However, without conducting an analysis of the subject
site, the Engineering Department does not support nor dispute the applicants engineer
of record. The Department does suggest there are alternative methods to stabilize the
soils and retaining wall thereby eliminating the patio cap and the impervious surface
coverage area (Attachment 4 - Engineering Department Memo).
The Department Of Natural Resources submitted comments for this report. In short, the
DNR is not convinced by the engineer's letter of recommendation, and suggested the
City Engineer provide an independent review. However, should it be determined the
patio cap is necessary for structural reasons, perhaps other non-essential hard surfaces
can be eliminated in their place.
VARIANCE HARDSHIP STANDARDS
1. Where by reason of narrowness, shallowness, or shape of a lot, or where by
reason of exceptional topographical or water conditions or other extraordinary
and exceptional conditions of such lot, the strict application of the terms of
this Ordinance would result in peculiar and practical difficulties or exceptional
or undue hardship upon the owner of such lot in developing or using such lot
in a manner customary and legally permissible within the Use District in which
said lot is located.
The subject property is a nonconforming platted lot of record, but was developed
under the current ownership, who did not meet the conditions spelled out in the
building permit for the principal structure which included a maximum 30% impervious
surface coverage area. However, in review, it appears the applicant could not meet
the required 30% impervious coverage and be able to construct a driveway for the
approved 3 stall garage, as was determined when the applicant was granted a 38%
impervious surface coverage area, The request for a 46,4% coverage area for the
patio area, while recommended by the applicants engineer, has not been supported
with calculations by the engineer. In addition, the City Engineering Department has
suggested an alternative solution to the problem.
2. Conditions applying to the structure or land in question are peculiar to the
property or immediately adjoining property, and do not apply, generally, to
other land or structures in the Use District in which the land is located.
L:\01 files\01 variances\01-093\VarRprt1 ,DOC
Page 3
The existing conditions of the lot area and dimensions are peculiar to the property,
and generally do not apply to most other lots within the Shoreland District. However,
when all required conditions are applied, there is an approved variance resolution for
a 38% impervious surface area to allow for the driveway.
3. The granting of the proposed Variance is necessary for the preservation and
enjoyment of a substantial property right of the owner.
The approved legal building site precluded the need for the additional variance
requests. The owner created the hardship when he decided on the building
dimensions and location of the structure, as well as the excessive paving of the
subject lot. The Planning Commission previously determined the need for some
variance to impervious surface; however, the Commission determined a 38%
coverage allowed the applicant reasonable use of the property.
4. The granting of the proposed Variance will not impair an adequate supply of
light and air to the adjacent property, unreasonably increase the congestion in
the public streets, increase the danger of fire, or endanger the public safety.
The granting of the requested variances will not impair light and air to adjacent
properties or increase congestion, danger of fire or endanger public safety.
5. The granting of the Variance will not unreasonably impact on the character
and development of the neighborhood, unreasonably diminish or impair
established property values in the surrounding area, or in any other way
impair the health safety, and comfort of the area.
The granting of the variance for increased impervious surface area will adversely
affect the above stated values by reducing the infiltration/buffer area, which helps to
remove the pollutants and increase the potential for shoreland erosion with
additional upland water runoff into the Prior Lake watershed and floodplain and
thereby affecting the adjacent properties.
6. The granting of the proposed Variance will not be contrary to the intent of this
Ordinance and the Comprehensive Plan.
The granting of the variance is contrary to the intent of the Ordinance and the
Comprehensive Plan by allowing excessive impervious surface conditions than were
originally approved by a building permit (30%), and increased by Resolution to 38%.
7. The granting of the Variance will not merely serve as a convenience to the
applicant but is necessary to alleviate a demonstrable undue hardship or
difficulty.
The granting of the variance requests appears to serve as a convenience to the
applicant, since other means are available to provide soil stability around the
structure.
L:\01 files\01 varlances\01-093\VarRprt1.DOC
Page 4
8. The hardship results from the application of the provisions of this Ordinance
to the affected property and does not result from actions of the owners of the
property.
The hardship results from the actions of the property owner when he constructed the
dwelling in 1995.
9. Increased development or construction costs or economic hardship alone
shall not be grounds for granting a Variance.
Financial considerations alone shall not be grounds for granting this variance
request. The property owner helped to create the need for these variance requests
by not following the approved conditions for the original building permit.
RECOMMENDATION:
The staff recommends the Planning Commission deny the applicant's variance request
for 46.4% impervious surface area as the request does not meet all of the hardship
criteria due to existing conditions on the nonconforming lot of record, the approval for a
building permit to construct the existing structure with a 30% impervious surface
coverage area, and the recently approved 38% impervious variance. In addition, the
City Engineering Department suggested another option for shoring up the retaining wall
and stabilizing the soils that would not result in additional impervious surface,
ALTERNATIVES:
1, Approve the variance as requested by the applicant. In this case, the Planning
Commission should direct staff to draft a Resolution with findings approving the
variance request.
2. Approve a variance as deemed appropriate by the Planning Commission. In this
case, the Planning Commission should direct the staff to prepare a Resolution
with findings approving the variance request.
3. Deny the variance as requested by the applicant. In this case, the Planning
Commission should adopt the attached Resolution 01-025PC.
ACTION REQUIRED:
Staff recommends alternative #3.
1. A motion and second to adopt the attached Resolution 01-025PC denying the
applicants request for a 46.4% impervious surface coverage area.
L:\01 files\01 variances\01-093\VarRprt1.DOC
Page 5
PROf. ENGR. CONSULT.
491219265
p.e1
ATTACHMEN I 2 - ENGINEERS LETTER
203 LITTL8 C.\NADA !tOAD
SUIT! 280
SAINT PAUL
MINNasOTA SS1I7
TBL: dSI-A90-9~dO
PAX: dSI..A'O-9ZlIS
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~OFESSIONAt. ENGINEERING CONSULT ANTS
INCORPOR4TKD
October 4, 2001
Mark Crouse
15507 Calmut Ave NE
Prior Lake~ MN 55372
Subj~ Grading Review
15507 Calmut Ave NE
Prior Lake, Minnesota - PEC #5091
Dear. Mr. Crouse:
This letter concerns our review of the grading and patio
construction for the single ta~ily residential structure at the
above referenced address. We 'understand the structure was built
with a basement floor elevation ,lbwer than currently a110wed tor
residential structures on the, lake,hore. Therefore J the wood framed
portion of the structure was' raised. I four CO\.lJ:'ses of block were
added to the perimeter foundation and fil~ was added inside of the
structure to support a lower level floor slab. Now the lower level
floor slab complies with current elevation requirements. These
alterations required changes to the exterior grading,
On the lake side of the struoture the grading changes required the
following engineering considerations:'
1. The exterior grade had to be raised to balance the lateral
soil loadings on the raised section of the rear foundation
wall.
2. The grade required a cap to prevent surface water infiltration
into the backfill region to reduoe frost action and provide
erosion control. Erosion .control was required bet.ween the
shoreline and the building',
In addition to the engineering consideratio~s,~here the function
and maintenance considerations for the construction. There was a
sliding glass doorway in the lower level and a need to provide
maintenance access for the lake side face of the construction.
These requirements and engineering requirements were accomplished
by constructing a near level I~ade with a retaining wall. The
r0taining wall also had a requirement to reduce lateral frost
action against the wall. Therefo-;re, the top of t,b~,_grade had to be
capped to minimize surface water runoff from percolating into the
subgrade soils. ·
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Pag., Two
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The pa.ved patio 8.t'ea fulfills the cap requirement over the
baokfill. It minimizes the surface water infiltration to reduce
frost action in the subgrade soils and it keeps water away from the
fo'undation. It also provides erosion prot.ect.ion for the subgrade.
Dtu'ing our observations on October 1, 2001, we observed a gap
bet",een the foundation wall and the patio slab. This gap ahould be
sealed with a flexible joint sealant to prevent dirt and water
migration into the gap. The sa'" joints in the patio also shou.ld
be sealed with joint sealant. The patio sla.b extends to the
outside edge of the retaini,ng wall. This construction detail
mi.nimizes wat.er infi.ltrat.ion bfthind the back of the retaining wall.
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If ~ou have any questions regarding our review, please contact us
at 651-490~9266.
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Respectfully,
Professional Enginle ing Consultants, Inc.
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~yhn F. Gislason, r., P.E.
Professional Engineer
JFG/fm
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cc:. Allison Gontarek
952-447-5628, Fax
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CITY OF PRIOR LAKE
Impervious Surface Calculations
(To be Submitted w'ith Building Permit Application)
For All Properties Located in the Shoreland DisL.~\..t (SD).
The Maximum Impervious Surface Coverage Permitted in 30 Percent.
Property Address \..;~., CD.\tIloA.U~ ~'" ~~\J'- t'l~
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DET ACfIED BLDGS
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TOTAL DET ACHED BUILDINGS......................~
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The Maximum Impervious Surface Coverage Permitted in 30 Percent.
Property Address \~~, Co.\~u-c"'" "-'-5 f..~"'~ N~'
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TOTAL "PRINCIPLE STRU\. J. URE......................
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TOTAL P A YED ~.AS.........................................
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x
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T OT.~ D E CKS........................................................
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TOTAL 0.1 J:1Ji,R.............................~..........................
TOTALI~ERVIOUSSURFACE
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SURVEY PREPARED FOR:
MARK CROUSE
15507 CALMUT AVE, NE
PRIOR LAKE, MN. 55372
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VaHey Surveying Co., PA.
SUITE 230. IFRAN&<LIN TRAiL OFFICE OONDOMIN~UJM
IS610 IFRAN6(Uf~ TRA~L S.IE.
PR~OR lAKE. MINNESOTA 5531'2
TELEPG-iONE (612) 447-251'0
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.[)f,;;'CRIPTf{it,; A&PROVIDED:
Lot I) and that part of Lot 10, "NORTH GRAINWOOD", and that part of Govemmem
Lot 5. Section 15. Township 115. Range 22. Scott County. Minnesota described a~'
toll(lW~:
Commencing at the northwest comer of said Lot ](): thence southerly along the
westerly line of said Lots 10 and 9 and alsei 8, a distance of 165,00 feet to the actual
point of beginning of the land to be described; thence westerly along the north line of
said plat to the easterly right-Of-way line orthe Chicago, Milwaukee, St. Paul and
Pacific Railroad; thence northerly along said easterly right-of-way line to it!:
intersection with the westerly extension of the southerly line of the northerly 45 ,(It!
lee! (as measured at right angles to the northerly line) of said Lot 10: thence easterl~
'along said southerly line to the shoreline of Prior Lake; thence southerly along s8Id
shoreline to the south line of said Lot 9; thence westerly along said soutb line of said
Lot 9, to the southwest comer thereof; thence southerly along the westerly line of said
Lot 8, to the actual point of:\...;....ing,
N.9TES: Benchmark Elevation 909,51 Top of the existing garage slab
(j 16 4 Denot~ existinl=- gmde elevatlOf1
"~~.>JJo\\I~"'~"~'W"'l'"'"''''''./f-~~'''''
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OCT 2 6 2001
REV. 10/22/01 T(1 SH:JW l~if'EFNIOUS AR
T(I iIEMAIN. REiV.oV'cll, \\II00IFIELl.
I hereb)! c:ertlfl1 ~ fbl!; survey
was p........,...] !rly me or under 1m)!
direct superolEllon mol tfoot I am
(!l duly Ll........-J L.and Surveyor
under ~ ICiW~~m; StatG! or
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OeM! JZ -h -an u~ NO, !OIEII!!
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9240
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- - ~- -
MJ:tlJJA VIT OF SERVICE BY MAIL
COUNTY OF SCu 11 )
)ss
STATE OF MINNESOTA)
J)MA.ML r~ of the cityESPrior Lake, County of Scott, State of
Minnesota, being duly sworn, says on the , day of \J{)\) , 2001, she served
~~ atl!ched list .of persons 10 have an interest in the, r J('D'\lI.IR,... l~
c/ Y\ff~ ~ - 0'13 ' by mailing to them a copy thereof,
enclosed in an envelope, postage }'J.I:f}'aid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
'"'
Subscribed and swom to be this
day of , 2000.
NOTARY PUBLIC
..
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L:\TEMPLATE\FILEINFO.DOC
....
NOTICE OF HEARING TO CONSIDERlJiE FOLLOWING:
VARIANCE TO EXCEED Ttl~ ALLOWABLE INPERVIOUS SURFACE
COVERAGE AREA
FOR AN EXISTING SINGLE FAMILY DWELLING ON PROPERTY LOCATED IN
THE R-1 DISTRICT (LOW DENSITY RESIDENTIAL) AND THE SHORELAND
DISTRICT (SD) IDENlll<lliD AS 15507 CALMUT AVENUE, PRIOR LAKE, MN.
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of County Road 21 and Fish Point Road), on: Monday, December 10,
2001, at 6:30 p.m. or as soon thereafter as possible.
APPLICANT: D. Mark Crouse
15507 Calmut Avenue NE
Prior Lake, MN 55372
SUBJECT SITE: 15507 Calmut Avenue NE, Prior Lake, MN, legally described as
Lot 9, and part of Lot 10, North Grainwood, Scott County,
Minnesota
REQUEST: The applicant is requesting a variance to allow an existing
impervious surface coverage area of 46.4% of the lot area above
the Ordinary High Water Mark.
If you are interested in this issue, you should attend the hearing, Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-9810
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the Zoning Ordinance and variance hardship criteria.
Prepared this 28th day of November, 2001.
Steven Horsman
City of Prior Lake
To be mailed on/or before November 29,2001.
L:\01 files\O1 variances\01-093\MaiNOTE.DOC 1
16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245
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M1NNliSOTA SS117
TiL: 1151-490-92.116
PAX: 1151-490-9%'"
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~QFES310NAL ENGINEERING CONSULT ANTS
INCORI'OR...TIoiD
October 4, 2001
Mark Crouse
15507 Calmut Ave NE
Prio~ Lake, MN 55372
Subj: Grading Review
15507 Calmut Ave NE
Prior Lake, Minnesota - PEC '5091
DeaJ'.' Mr. Crouse:
This letter concerns our review of the grading and patio
construction for the single ta~ily residential structure at the
above referenced address. We 'under$tand the structure was built
with a basement floor elevation .lbwer than currently allowed for
residential structures on the,lake~hore. Therefore, the wood framed
portion of the structure was raised, four courses of block were
added to the perimeter foundation and fill was added inside of the
structure to support a lower level floor slab. Now the lower level
floor slab complies with current elevation requirements. These
alterations required changes to the exterior grading.
On the lake side of the structure t.he grading ohanges required the
following engineering considerations:
1. The exterior grade had to be raised to balance the lateral
soil loadings on the raised section of the rear foundation
wall.
2. The grade required a cap to prevent surface water infiltration
into the backfill region to reduce frost action and provide
erosion control. Erosion .control was required bet.ween the
shoreline and the building'.
In addition to the engineering consideratio~s.where the function
and maintenance considerations for the oonstruction. There was a
sliding glass doorway in the lower level and a need to provide
maintenance aooess for the lake side faoe of the construction.
These req'~irement8 and engineering requirements were accomplished
by constructing a near level grade with a retaining wall. The
retaining wall also had a requirement to reduce lateral frost
action against the wall. Therefore, the top of the grade had to be
capped to minimize surface water runoff from percolating into the
subgrade soils.
.1
./
Pag.. Two
The paved patio 8.t'ea fulfills the cap requirement over the
backf ill. It minim.izes the su'rface water infil tt's.tion to reduce
frost action in the subgrade soils and it keeps water away from the
fO\Jndation. It also provides erosion protection for the subgrade.
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D'ltt'ing our observations on October 1, 2001, we observed a gap
bet~eeJl the foundation wall and the patio slab. This gap should be
sealed with a flexible joint sealant to prevent dirt and water
migration into the gap. The saw joints in the patio also should
be sealed with joint sealant. The patio slab extends to the
outside edge of the retainj,ng wall. This construction detail
minimizes water i~filtration bAhind the back of the retaining wall.
Ii ~ou have any questions regarding our review, please contact us
at 651-490,:,,9266.
'Respectfully,
Professional Eoginze ing Consultants, Inc.
I ~ -... /7 . /J
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~jhn F. Gislason, r., P.E.
Profe5sional Engineer
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cc: Allison Gontarek
952-447-5628, Fax
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NOTICE OF HEARING TO CONSIDER litE FOLLOWING:
VARIANCE TO EXCEED litE ALLOWABLE INPERVIOUS SURFACE
COVERAGE AREA
FOR AN EXISTING SINGLE FAMILY DWELLING ON PROPERTY LOCATED IN
THE R-l DISTRICT (LOW DENSITY RESIDENTIAL) AND THE SHORELAND
DISTRICT (SD) IDENTIFIED AS 15507 CALMUT AVENUE, PRIOR LAKE, MN,
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of County Road 21 and Fish Point Road), on: Monday, December 10,
2001, at 6:30 p.m. or as soon thereafter as possible.
APPLICANT: D. Mark Crouse
15507 Calmut Avenue NE
Prior Lake, MN 55372
SUBJECT SITE: 15507 Calmut Avenue NE, Prior Lake, MN, legally described as
Lot 9, and part of Lot 10, North Grainwood, Scott County,
Minnesota
REQUEST: The applicant is requesting a variance to allow an existing
impervious surface coverage area of 46.39% of the lot area above
the Ordinary High Water Mark.
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-9810
between the hours of 8:00 a.m, and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed construction and requested variances are or are not consistent
with the Zoning Ordinance and variance hardship criteria,
Prepared this 13th day of November, 2001.
Steven Horsman
City of Prior Lake
To be published in the Prior Lake American on November 24, 2001.
L:\01 files\01 variances\01-093\PUBLlCNOTE.DOC 1
16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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NUMBER OF PAGES: & {including cover)
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Notice of Confidentiality
The information transmitted with this facsimile is confidential and is intended only
for the Individual or entity designated above, If you have received this facsimile
erroneously, please notify sender immediately and destroy the transmission.
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PLEASE CALL ~
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ALL PAGES.
AT?1(:1-"-W7....qe5L( IF You Do NOT RECEIVE
16200 Eagle Creek Ave. S,E,. Prior Lake. Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN E UAL OPPORTI1Nm' EMPLOYER
Correspondence
..
L:\TEMPLA TE\FILEINFO.DOC
November 15, 2001
Ms. Allison 1. Gontarek
Huemoeller & Bates, Attorneys
P.O. Box 67
Prior Lake, MN 55372
RE: Notice Of Completeness For Variance Application
Dear Ms. Gontarek:
The Planning Department has reviewed and determined that your variance application is
c'omplete. I will notify you of any pertinent issues, which may arise as a result of my
preparation of the staff report.
We have scheduled your request to be heard before the Planning Commission on
Monday, December 10, 2001. The meeting begins at 6:30 p.m. and is located at the City
Fire Station on the comer of County Road 21 and Fish Point Road. You or your
representative is expected to be in attendance. If you cannot make the meeting, please let
me know. You will be receiving a copy of the public notice and a copy of the staffreport
with recommendation prior to the meeting.
The City approval process can be substantially less than 120 days, and we intend to
process your application in a timely manner that provides a complete and professional
review, Occasionally, due to meeting schedules it is sometimes necessary to extend the
60-day review period. This letter also serves as your official notice that the City is
extending the 60-day deadline for an additional 60 days from January 14,2002, till March
14,2002.
If you should have any questions please call me at (952) 447-9854.
~Sinc,erelY' 1
'1~[~~
teven Horsman
Zoning Administrator/Inspector
CC: D. Mark Crouse, Property Owner
1:\01flles\01variances\01-Q93\cmpltltr,doc Page 1
16200 Eagle Creek Ave, S,E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
November 7, 2001
Ms. Allison J. Gontarek
Huemoeller & Bates, Attorneys
P. O. Box 67
Prior Lake, MN 55372
RE: Variance Application for D. Mark Crouse
Dear Ms, Gontarek:
On October 26,2001, the Planning Department received a variance application for an
increase in impervious surface coverage area on the .t'~"'.Perty at 15507 Calmut Avenue.
The following additional information is necessary to process your application:
1. Submit an updated certified list of 'p~....t'erty owners within 350 feet of the subject
f .
property.
2. What specific percentage of impervious surface coverage area is the applicant
requesting?
Ohce we have received the above information, we will process your application and
schedule this item for a public hearing. If you have any questions, please phone me at
447-9854.
Thank you for your cooperation on this matter.
Sincerely,
~
Zoning Administrator/Inspector
.
L:\O Iflles\O 1 variances\O 1-093\Incmpltdoc
16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
January 24, 200)..
Mr. D. Mark Crouse
15507 Calmut Avenue
Prior Lake, MN 55372
RE: Revised survey depicting 38% Impervious surface area
Dear Mr. Crouse:
The City of Prior Lake Planning Commission approved an 8% variance for a 38%
impervious surface coverage area on your }lJ.U}lerty at 15507 Calmut Avenue. One of the
conditions of the variance resolution requires you to provide an updated survey depicting
the impervious areas to be removed in order to comply with 38% coverage.
ttI
Please submit a revised certificate of surveyl as Attachment 1, to be included with the
".t't'.L'''' led variance resolution. The City will produce true copies that you shall record at
the Scott County Land Records Office on or before March 22, 2002, or 60 days from
January 22, 2002, when the City Council denied your appeal for a 46.4% impervious
surface coverage area.
Please be advised that failure to meet the conditions of a variance ".t'}lJ.oval may result in
the revocation or cancellation of the variance as provided in Ordinance Subsection
1108.413.
If you have questions call my direct dial phone number at (952) 447-9854.
S~CerelY, ~. A .
~. ~-c'"'~
- ~~~::an .
Zoning Administrator
CC: Ms. Gontarek, Huemoeller & Bates, Attorneys At Law
..
1:\01f1les\01varlances\01-Q17\ressur1.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL UI"I"U.lU UNITY EMPLOYER
December 5, 2001
Huemoeller & Bates
Attn: Allison Gontarek
16670 Franklin TrI SE - #210
Prior Lake, MN 55372
D. Mark Crouse
15507 Calmut Avenue
Prior Lake, MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the December 10,
2001 Planning Commission meeting. You or your representatives are expected to
attend the meeting. You will be given the opportunity to speak regarding your proposal
and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station
located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you
cannot attend the meeting, please call me so your item can be deferred to the next
Planning Commission meeting. If you have any questions, please contact me at 447-
9810.
Sincerely,
CO'f\N\iet COU"~
Connie Carlson
Planning Dept. Secretary
Enclosure
.
I:\deptwork\blankfrm\meetltr.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245
AN EQUAL urrUr\l UNITY EMPLOYER
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NUMBER OF PAGES: 2- (including cover)
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Notes From The Sender:
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Notice of Confidentiality
The information transmitted with this facsimile is confidential and is intended only
for the individual or entity designated above. If you have received this facsimile
erroneously. please notify sender immediately and destroy the transmission. )
" '
'\
PLEASE CALL" ~~
ALL PAGES.
ATC,;5.t-- LlLl1-q~ IF You Do NOT RECEIVE
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN E UAL OPPORTI1Nm' EMPLOYER
HUEMOELLER & BATES
ATTORNEYS AT LAW
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
Telephone: 952,447.2131
Facsimile: 952.447.5628
E-mail: huemoellerbates{@.aol.com
SEP 2 6 2001
BRYcED.HUEMOELLER
JAMES D. BATES
ALLISON J. GONTAREK
OF COUNSEL:
CHARLES C. HALBERG
September 25,2001
Mr. Steve Horsman
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake MN 55372
By Facsimile and
U.S. Mail
Re: D. Mark Crouse - Application for Variance No. 01-017
Dear Mr. Horsman:
Please consider this letter as a request for your department to disregard my
September 14 letter of appeal directed to Mr. Rye, Planning Director. We were under the
impression that a fmal decision had been reached at the September 10 Planning
Commission meeting which required an appeal within 5 days. I apologize for the
misunderstanding and appreciate you contacting me before publishing the notice.
Thanks!
r?', ~IY yours,
J~~
Allison J. Gontarek
.
HUEMOELLER & BATES
ATTORNEYS AT LAW
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
Telephone: 952.447.2131
Facsimile: 952.447,5628
E-mail: huemoellerbatesla2aol.com
BRYCE D. HUEMOELLER
JAMES D, BATES
ALLISON J, GONTAREK
OF COUNSEL:
CHARLES C, HALBERG
October 26, 2001
Prior Lake Planning Commission
16220 Eagle Creek Avenue
Prior Lake MN 55372
Via Hand Delivery Te;
,"
f)(~ . i .~~. t2j
Re: Request for variance from D. Mark Crouse for increase in impervious
surface limitationfor 15507 Calmut Avenue
Dear Planning Commission Members:
The purpose for this letter is to address the hardship criteria and the need for a
variance, above the variance for 38% impervious surface granted for a reasonable
driveway, on the above property.
This is a situation familiar to both staff and the Commission members. We
respectfully address the nine hardship criteria and how they apply to Mr, Crouse's
property.
First, Mr. Crouse's property is a narrow, non-confv,u.J..Jng lot, left over from a
railroad right of way and other larger developments. It required two variances to
upgrade the existing house built in 1978. Mr. Crouse took the original structure, raised it
to meet the current code for elevation requirements, and developed it in a manner
customary within the neighborhood in which he is located.
Second, when Mr. Crouse built his house, the pcuu.it issued allowed for a three car
garage. At the time of construction, a hard surface driveway was not required by
ordinance. It has now been detca.w.ined and agreed that a reasonable driveway, allowing
for access to the.third garage stall increases the need for impervious surface to 38% of
the lot. Similarly, there is attached a report by an engineering expert explaining the
requirement for a "cap" on the area between the house and the adjacent lakeshore. The
report states that raising the elevation to meet code required the exterior backfill to be
raised and stabilized for structural support and erosion control. The need for additional
.
Prior Lake Planning Commission
Page 2
October 26. 2001
impervious surface to create a useable driveway and to provide for a cap to ensure
stability between the house and the lakeshore are two conditions that arise from the
unique shape, size and proximity of the lot to the adjacent lakeshore, and that do not
apply, generally, to other land or structures in the Shoreland District.
Third"the variance, as requested, is necessary to (1) provide access to a garage
that was built under permit, and (2) structurally support the house. Without receiving the
requested variance, Mr. Crouse is denied access to his garage and his property is subject
to damaging erosion.
Fourth, the proposed variance will not impair in any manner either the supply of
light or air to the adjacent property, unreasonably increase the congestion in the public
streets, increase the danger of fire, or endanger public safety.
Fifth, attached to this letter are signed statements made by Mr. Crouse's neighbors
as to the benefit his improvements to his property have had on the neighborhood.
Sixth, the granting of the variance request will preserve the spirit and intent of the
Prior Lake Zoning Ordinances by contravening the undue hardship created by conditions
unique to the property due to its shape and size and proximity to the 1akeshore.
Seventh, it is the expert opinion of a qualified engineer that frost action and
erosion must be minimized between the structure and the retaining walL This is not a
convenience issue, it is a structural requirement.
Eighth, the lit;n.itation of impervious surface for lots in the Shoreland District.is an
essential part of management of the natural resources in and around Prior Lake. '
However, strict application of the Ordinances creates hardship for unusual and non-
conforming lots. Mr. Crouse purchased an undersized platted lot of record. He applied
for and was granted a permit to raise and add on to the existing home which created
approximately 28% impervious surface over his lot He raised the house to comply with
the current code for old and new elevation. Complying with the elevation requirements
of the code created structural problems for the approved structure. Resolving the
structural problems adds to the impervious surface problem (that did not exist when the
parcel was originally created and improved). Complying with new driveway
requirements compounds the impervious surface problem. The hardship results from the
application of the old and new ordinances requiring a paved driveway and applying the
new elevation requirements to an existing building footprint.
Ninth, this has been a very expensive journey for Mr. Crouse. He will have to
expend more money once the variance is dek:u.uined to remove concrete he paid to have
Prior Lake Planning Commission
Page 3
October 26. 2001
installed. Although economic hardship alone is not the basis for approving a variance
request, the statute allows consideration of the economics involved.
Finally, the issue of whether the need for the variance is attributable to the
applicant. We submit thatthe need for a variance here results from the combined impact
of old and new ordinances on this property. Long after the size, shape, location and use
of this property were established, a series of new laws on lot sizes, setbacks, paved
driveways, minimum elevation, maximum impervious surface, and the like, have made
variances a necessity. Complying with one law, requires variances of another. The
problem is with the inter-related restrictions, and not with the actions of the applicant to
comply with the laws. The need for a variance now arises from a previous lawful action
by the applicant - remodeling an existing house with an approved building p\J.l.L.Ui.t. It
does not seem that the lawful actions of a homeowner should provide the basis for the
denial of a subsequent variance, where the need for the variance is the result of
subsequently adopted laws.
To promote the most appropriate and orderly development within the community,
the Minnesota statutes authorize zoning ordinances and allow for the Board of
Adjustment:
To hear requests for variances from the literal provision of the ordinance in
instances where their strict enforcement would cause undue hardship
because of circumstances unique to the individual property under
consideration, and to grant such variances only when it is demonstrated
that such actions will be in keeping with the spirit and intent of the
ordinance.
Minn. Stat. ~462.357, Subd. 6(2) (emphasis added). Case law states that "[t]he statute is
clearly intended to allow cities the flexibility to grant variances where. . . the property
owner would like to use the property in a reasonable manner that is prohibited by the
ordinance." Rowell v. Board of Adiustment of the City ofMoorhea<L 446 N.W.2d 917,
922 (Minn. Ct. App. 1989). The "correct standard is whether the proposal was reasonable
under the circumstances, and would not be allowed except by granting the variances."
Nolan v. City of Eden Prairie. 610 N.W.2d 697, 701 (Minn. Ct. App. 2000).
Mr. Crouse should be able to use and protect his property in a reasonable manner.
Accessing his garage is reasonable, preventing erosion that could destabilize his
foundation is reasonable. The issue of granting a variance after the fact as opposed to
consideration of a proposed use is difficult. We respectfully request the Commissioners
consider whether it is reasonable to potentially compromise the structural stability of a
permitted home based on the timing of the request for a variance.
Prior Lake Planning Commission
Page 4
October 26. 2001
Based on the principles set forth under Minnesota statutes and the Rowell and
Nolan decisions,.we believe the Planning Commission should find as follows:
1. Literal enforcement of the Prior Lake Zoning Ordinances will result in undue
hardship with respect to the Crouse property because it will preclude the preservation
and enjoyment of Mr. Crouse's property rights, including a driveway to serve his
property as required by ordinance and a concrete. slab that is necessary for structural
support.
2. The undue hardship results from the circumstances unique to the property
because of the shape and size of the lot and its proximity to the lakeshdre, as evidenced
by the granting of variances in 1978,
3. The undue hardship is caused by the provisions of the Prior Lake Zoning
Ordinances and is not the result of the actions of the owner, because the owner's use of
the land is reasonable and the literal application of the ordinance would preclude such
reasonable use.
4. A variance preserves the spirit and intent of the Prior Lake Zoning Ordinance,
produces ,substantial justice and is not contrary to the public interest, because the
reasonable use is consistent in all respects with the existi.r1g and proposed land use in the
neighborhood, and provides an enhancement to the neighborhood as a whole.
We respectfully request that the Planning Commission approve the requested
variance to increase the impervious surface limitation on Mr. Crouse's property to 46.5%
to allow for a reasonable driveway and the erosion control provided by the cap be~een
the house and lakeshore. .
Ve!)' truly yours,
WlO)t)" :r:. ~n+(4rllk_
Allison ], Gontarek .i/~....; ,.,
"', .,~
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Attachments
cc: D, Mark Crouse
~iscellaneous
..
L:\TEMPLATE\FILEINFO.DOC
City of Prior Lake Planning Commission
Variance Requests for property located at 15507 Calmut Ave NE
Case File #01-017'
Pronerty Owner Comments and Opinions from neighbors within 350' radius
Mark IL Kassebaum
40185 154th Street NW
Prior lake, MN 55372
Planning Report Item #5 - The granting of the Variance will not unreasonably
impact on the character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area, or in any
other way impair the health safety and comfort of the area.
"The granting of the variances will adversely affect the above stated values by Increasing structure encroachmepts
upon the Jakeshore and thereby affecting the adjacent properties and the Intent of the setback averaging
regulations,"
Agree: _ Disagree: i
Comments:
Planning Report Item #7 - The granting of the Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
"The granting of the variance requests appears to serve as a convenience to the applicant."
Agree: _ Disagree: ~
Comments:
Should the following variances re~,sted be approved?
Impervious Surf~~ - YES: + NO: _
Setback - YES: ..::: NO: _
COMMENTS:
Signed:
~~k~~c
/ -
_ Dated: ~ /ZL/ /0/
. .
City of Prior Lake Planning Commission
Variance Requests for property located at 15507 Calmut Ave NE
Case File #01-017
Property Owner Comments and Opinions from neighbors within 350' radius
-
4215 rEau C~a~re Tra~i NIE
Prior lake, M~ 55372
Planning Report Item #5 - The granting of the Variance will not unreasonably
impact on the character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area, or in any
other way impair the health safety and comfort of the area. .
"The granting of the variances will adversely affect the above stated values by Increasing structure encroachments
upon the lakeshore and thereby affecting the adjacent properties and the Intent of the setback averaging
regulations."
~'::.nts: Disagr.([;:~
Planning Report Item #7 - The granting of the Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
~a~the variance reque:;;::~ars to serve as a convenience to the applicant."
~gre"~; DiSagree.q//,
Com;~ t- ____
Should the following variances requpsted be approved?
Impervious Surf~~e - YES: ~, NO: _
Setback - YES: ~ NO:
COMMENTS:
Signed:
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City of Prior Lake Planning Commission
Variance Requests for property located at 15507 Calmut Ave NE
Case File #01-017
Property Owner Comments and Opinions from neighbors within 350' radius
'Jerome A. Mmer
15563 Ca~mut Ave NE
Prior lakei M~ 55372
Planning Report Item #5 - The granting of the Variance will not unreasonably
impact on the character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area, or in any
other way impair the health safety and comfort of the area.
"The granting of the variances will adversely affect the above stated values by Increasing structure encroachments
upon the lakeshore and thereby affecting the adjacent properties and the Intent of the setback averaging
regulations,"
Agree: _ Disagree: 't..
Comments:
Planning Report Item #7 - The granting of the Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
"The granting of the variance requests appears to selVe as a convenience to the applicant."
,..
Agree: _ Disagree: )t
Comments:
Should the following variances requ~sted be approved?
Impervious Surface - YES: ~ NO: _
Setback - YES: )<J NO:
COMMENTS:
Signed:
.#tJrv
~
.f41Jrdk
Dated:
{(zLf(P I
City of Prior Lake Planning Commission
Variance Requests for property located at 15507 Calmut Ave NE
Case File #01-017
Property Owner Comments and Opinions from neighbors within 350' radius
Wayne Cragg'
~ 1.67 IEau C~aDre Trag~
mor lake, MN 55372
Planning Report I~em #5 - The granung of the Variance will not unreasonably
impact on the character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area, or in any
other way impair the health safety and comfort of the area.
. "The granting of the variances will adversely affect the above stated values by increasing structure encroachments
upon the lakeshore and thereby affecting the adjacent properties and the Intent of the setback averaging
regulations,"
Disagree:/'
Agree: _ ,
Comments:
Planning Report Item #7 - The granting of the Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
"The granting of the variance requests appears to serve as a convenience tp the appllcant."
Agree: _ Disagree:2(
Comments:
Should the fOll~. w' ' variances re'\.u,sted be approved?
Impervious Su e - YES: )S.. NO: _
Setback - YES: , NO: _
COMMENTS:
Signed:
d IVL~ D
,
Dated:
City of Prior Lake Planning Commission
Variance Requests for property located at 15507 Calmut Ave NE
Case File #01-017
Property Owner Comments and Opinions from neighbors within 350' radius
Mark A. Michael
4. ~ 90 lEau Claire Trail
Prrior lake, MN 55372
Planning Report Item #5 - The granting of the Variance will not unreasonably
impact on the character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area, or in any
other way impair the health safety and comfort of the area.
"The granting of the variances will adversely affect the above stated values by Increasing structure encroachments
upon the lakeshore and thereby affecting the adjacent properties and the Intent of the setback averaging
regulations."
Agree: _ 'Disagree: ')c
Comments: ,L... j iCIY _~~~\\~ ~., Q,.p~'5
~5Yl,.t../ ~~" i r tJ... ~ L
Of; '(~ W~~ .~C\nb.~ .+h.Q..1K'~i\( "'a1.~.;'!i O~ ~\Q. N,~9hb:v\'\~
Planning Report Item #7 - The granting of the Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
"The granting of the variance requests appears to serve as a convenience to the applicant."
Agree: _ Disagree: )(.
Comments:
Should the following variances requested be approved?
Impervious Surface - YES: )(' NO: _
Setback - YES: X NO:
COMMENTS:
Sign.~~ (~
"
/
Dated:
tp/ut/Oi
City of Prior Lake Planning Commission
Variance Requests for property located at 15507 Calmut Ave NE
Case File #01-017
Property Owner Comments and Opinions from neighbors within 350' radius
l~wrreli1oo G. w~mams
15520 C~~mut Avre
Prior l~krej MN 55312
Planning Report Item #5 - The granting of the Variance will not unreasonably
impact on the character and development of the neighborhood, unreasonably
diminish or impair establiShed property values in the surrounding area, or in any
other way impair the health safety and comfort of the area.
"The granting of the variances will adversely affect the above stated values by Increasing structure encroachments
upon the lakeshore and thereby affecting the adjacent properties and the Intent of the setback averaging
regulations,"
Agree: _ Disagree: v""
Comments:
Planning Report Item #7 - The gran~g of the Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
"The granting of the variance requests appears to serve as a convenience to the applicant"
Agree: _ Disagree: ~
Comments:
Should the following variances requCJted be approved?
Impervious Surfac, - YES: ~ NO: _
Setback- YES:.1( NO: _ .
CO~~ ~. tk ctd ~..fJ
~ tthuP tku- ~ fk J !Via ~
Lftu ~ -flr ~ -#d:- ~ .r j! ;JA~ cJ~
Signed: Jb.rJ.AM\.t k\~~ Dated: ~;8 I () I
City of Prior Lake Planning Commission
Variance Requests for property located at 15507 Calmut Ave NE
Case File #01-017 '
Property Owner Comments and Opinions from neighbors within 350' radius
Dorna~d l. Todd
15593 Ca~mutAYre NE
Prior lakel MN 55372
Planning Report Item #5 - The granting of the Variance will not unreasonably
impact on the character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area, or in any
other way impair the health safety and comfort of the area.
"The granting of the variances wl1l adversely affect the above stated values by Increasing structure encroachments
upon the lakeshore and thereby affecting the adjacent properties and the Intent of the setback averaging
regulations,"
Agree: _ Disagree: /
Comments:
Planning Report Item #7 - The granting of the Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
"The granting of the variance requests appears to serve as a convenience to the applicant."
Disagree: V'
Agree: _
Comments:
Should the following variances req~e approved?
Impervious Surface y YES: _ NO: _
Setback - YES: ~ NO: _
COMMENTS:
Si~1Ji;
Dated: I ~S-:~I
City of Prior Lake Planning Commission
Variance Requests for property located at 15507 Calmut Ave NE
Case File #01-017
Property Owner Comments and Opinions from neighbors within 350' radius
Jeffrey J. DOlllsette
15581 Ca~mlllt Ave NfE
Prior lake>> MN 55372
Planning Report Item #5 - The granting of the Variance will not unreasonably
impact on the character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area, or in any
other way impair the health safety and comfort of the area.
"The granting of the variances will adversely affect the above stated values by Increasing structure encroachments
upon the lakeshore and thereby affecting the adjacent properties and the Intent of the setback averaging
regulations."
Agree: _ Disagre~
Comments:
Planning Report Item #7 - The granting of the Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
"The granting of the variance requests appears to serve as a convenience to the applicant."
Agree: - _ Disagree: .x
Comments:
Should the following variances requested be approved?
Impervious Surface - YES: ~ NO:
Setback - YES: 2:::- NO:
COMMENTS:
/" ~ /'
Dated: o/:.?p /
/ /
City of Prior Lake Planning Commission
Variance Requests for property located at 15507 Calmut Ave NE
Case File #01-017
Property Owner Comments and Opinions from neighbors within 350' radius
Srott G. Miller
4143 Eau Claire Trail N E
Prior lakel MN 55372
Planning Report Item #5 - The granting of the Variance will not unreasonably
impact on the character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area, or in any
other way impair the health safety and comfort of the area.
"The granting of the variances will adversely affect the above stated values by Increasing structure encroachments
upon the lakeshore and thereby affecting the adjacent properties and the Intent of the setback averaging
regulations."
Agree: _
Comments:
Disagree: /
Planning Report Item #7 - The granting of the Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
"The granting of the variance requests appears to serve as a convenience to the applicant."
Agree: _ Disagree:.V'
Comments:
Should the following variances requested be approved?
Impervious Surface - YES: L NO:
Setback- YES:/' NO:
COMMENTS:
Signed:
~~
...
Dated: ~,~( oC
City of Prior Lake Planning Commission
Variance Requests for property located at 15507 Calmut Ave NE
Case File #01-017
Property Owner Comments and Opinions from neighbors within 350' radius
Frank J. Worrell
4185 lEaijJ Claire Trai~
Prior lake, MN 55372
Planning Report Item #5 - The granting of the Variance will not unreasonably
impact on the character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area, or in any
other way impair the health safety and comfort of the area.
"The granting of the variances will adversely affect the above stated values by Increasing structure encroachments
upon the lakeshore and thereby affecting the adjacent properties and the intent of the setback averaging
regulations,"
Agree: _ Disagree~-
Comments:
Planning Report Item #7 - The granting of the Variance will not merely serve as a
convenience to the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
"The granting of the variance requests appears to serve as a convenience to the applicant."
Agree: _ Disagre~
Comments:
Should the following variances requested be approved?
Impervious Surface - YES:~ NO:
Setback - YES.~'/ NO:
COMMENTS:
Signed:~A A;~~ (!.JJ~ L -:2 <r - Or
.
.
.
D. MARK CROUSE
VARIANCE APPLICATION
FACTS:
1. The work is done
2. Owner is willing to work with City
3. Excellent site to do alternate infiltration demonstration/design
ARGUMENTS:
1. Hardship criteria
2. Reasonable use
3. Due Process Violations
SOLUTIONS:
1. Brave - set conditions on variance to require alternate infiltration to bring
actual impervious surface runoff to < 30%
2. So-So - leave variance at 38% and lose opportunity to benefit from
knowledge to be gained by the use and monitoring of new infiltration
technologies
.
.
.
..
PROPOSAL BY D. MARK CROUSE
15507 CALMlJl' AVENUE NE
TO
PRIOR LAKE PLANNING COMMISSION
September 10, 2001
Based on the application for an increase in impervious surface on the above refc..l.c.J..Lced
property, the following is proposed:
1. That approximately 1,000 square feet of concrete be removed at owner's expense;
2. That an infiltration system be designed using alternative infiltration devices or a
drainage easement be acquired for drainage rights onto the outlot immediately adjacent to
the property or some combination ofinfilL.a~on system combined with drainage easement
be formulated by the owner to meet or exceed the runoff management intent of the
impervious surface limitation;
3. That the engineered design be approved by this Commission upon engineering
analysis demonstrating that the runoff management plan meets the 30% impervious
surface calculation for the above referenced property.
-
City Farmer:Rain Barrels
Page lof8
.
Published by City Farmer, Canada's Office of Urban Agriculture
Rain Bai"l'els
Michael Levenston
Executive Director City Farmer
(C) Copyright: City Farmer
Food gardens need water and what better way to give plants a dri~k than with
soft, warm, oxygen-filled rainwater straight from the rain barrel. Even just a wee
bit saved in a barrel after a storm, then transferred to a watering can, will slake
the thirst of a balcony of plants. And you, the recycler, will feel especially good
knowing that you are diverting water that would otherwise flow out into the
storm sewers.
.
City Farmer has been chosen by Vancouver's City Hall to display and help
promote a rain barrel distribution program.
City Makes Rain Barrels Available to Save Water
City of Vancouver Rain Barrel
The City of Vancouver is providing
subsidized rain barrels for up to 1,000
residents under a pilot program to
conserve water.
The Green Barrel pilot program will offer
Vancouver residents (City of Vancouver
- only) a 75-gallon plastic rain barrel for
- $58.06 including taxes. This is half the
regular cost.
.
Citv of Vancouver rain barrel now
available to people outside Vancouver (not subsidized). (February 2001).
Residents can use the specially-designed barrels to collect rain water from
downspouts for lawn and garden irrigation. .
,http://www.cityfarmer .org/rainbarre172.html
09/08/2001
. City Farmer:Rain Barrels
Page 2 of 8
.
Lawn and garden watering make up almost 40 per cent of total household water
use during the summer. It's expected that each barrel will save about 1,300
gallons of water during the peak summer months when demand for water is high
and precipitation is low.
The barrels are easy to install. They come with outlets for both watering cans and
hoses, and are designed with child-proof openings.
Vancouver Rainbarrel
Vancouver residents can call the City's Water Conservation Hotline at 873-7350
for information on obtaining a barrel. Residents can also visit City Farmer, at the
City of Vancouver's Compost Demonstration Garden, at 2150 Maple Street to see
the rain barrels in use.
Further information:
Jeff Smyth
jeff SInyth(fiJcity. vancouver. bc.ca
Waterworks Design
(604) 871-6144
.
Rainbarrel Links on the Int...:... uet:
Thanks to Lisa Tayior of Seattle Tilth Association for many of these
links.
Rain Barrel Information and Sources for the Pacific Northwest
The Water & Land Division of the King County Depa...uuent of Natural Resources
Rainwater Harvesting information
City of Seattle Water Conservation information
Texas Rain Harvesting
Garden Watersaver
"The Garden Watersaver is an automatic rain water collection system that has
advantages over other rain water collecting systems."
Soruce Creek Rainsaver
Rain Barrels made bv Arbour
.
Collect Rainwater for Gardening. Aquariums. and Pets
Green Culture's Water Savers
, http://www.cityfarmer.org/rainbarreI72.html
09/08/2001
City Farmer:Rain Barrels
Page 3 ofB
.
Dan Borba's Rainbarrels
Annroved Rainbarrel Sunnliers
Great American Rain Barrels
Rain Barrels
Rain Pail
Real Goods Rain Barrel (Type in "Rain")
Portland Rainbarrel
Rainwater to Drinkin2 Water
.
"The biggest issue in collecting rainwater is keeping it free of muck such as
leaves, bird droppings and dead animals, and avoiding contamination with
pollutants like heavy metals and dust." From the Sustainable House "In 1996,
a Sydney family set out to renovate their 100 year old terrace house in the inner-
city suburb of Chippendale. With a bit of vision, some common sense, and a lot
of tenacity, they built what most of us would think impossible... a house in the
middle of Australia's biggest city that produces its own power and water, and
reuses its sewage on site."
CMHC's Healthv HouSe in Toronto
Melbourne Water Autonomous House
The Camnus Center for Annronriate Technology:
- .- - -. -.
Oasis Design Ecological Design Consulting Water. Wastewater & Solar Syste~
Edible Landscanine-. Grevwater Books
- - -
-
City of Etobicoke
Utility Engineering
399 The West Mall
Etobicoke, Ontario, M9C 2Y2
Phone: (416) 394-B379
.
City of Toronto
, http://www.cityfarmer.org/rainbarreI72.html
09/08/2001
City Farmer:Rain Barrels
Page 4 of8
.
Public Works
100 Queen St. West, 14th Floor
Toronto, Ontario, MSH 2N 2
Phone: (416) 392-7660
Fax: (416) 392-7874
Downspout Disconnection Program (Phone: (416) 392-1807
.
The Rain Saver
from Water Conservation Technology
P.O. Box 121, Sydenham, Ontario KoH 2To Canada
The International Rainwater Catchment Systems Association
(IRCSA)
-
The IRCSA is a new association aiming to link those with an'interest
in the direct collection of rainwater and its storage for domestic and
agricultural supply. The seeds for the establishment of the
Association were first sown when the first International Rainwater
Cistern Systems Conference was convened in Hawaii in June 1982 by
Prof. Fok. Subsequent International. Conferences have followed on a
two-yearly basis and were held in the US Virgin Islands (1984),
Thailand (1987), Philippines (1989), Taiwan (1991), Kenya (1993) and
China (1995).
.
. "Whilst rainwater catchment systems have long been utilised in some
parts of the Caribbean, Middle East and Australia, in other places its
potential has only recently been realised. During the last decade,
Thailand and Kenya, for example, have led their respective continents
, http://www.cityfarmer.org/rainbarreI72.html
09/08/2001
.
.
.
City Farmer:Rain Barrels
Page 50f8
in demonstrating the enormous potential of this technology. In
Thailand more than 10 million two thousand litre ferrocement roof
, catchment tanks have been constructed since 1985 for domestic water
supply, while in Kenya the construction oflarge (10 to 100m3)
ferrocement tanks has gained popularity in many regions with
thousands being built at schools, clinics and private homes.
"Utilisation of rainwater catchment systems has also been spreading
in other parts of Asia (e.g. Nepal, Bangladesh, India and the
Philippines) as well as in Africa (e.g. Botswana, Mali and Tanzania).
In industrialised countries too interest in rainwater collection is
growing as demonstrated by recent developments in Australia,
Hawaii and Singapore. Japan has traditionally used rainwater
catchment systems and is currently making adjlliiUuents to meet the
requirements of urban environments."
IRCSA Membership Account:
c/o International Water Resources Association
1101 West Peabody Drive
Urbana IL 61801-4723 USA
More Information:
Mr. John E. Gould
Secretary-General (IRCSA)
University of Botswana
P /Bag 0022
Gaborone, Botswana
Further Reading:
Raindrop (Newsletter of the IRCSA)
Tokyo International Rainwater Utilization Conference
Rainwater & You "100 Ways to Use
Rainwater" by Group Raindrops
Organizing Committee for the Tokyo
International Rainwater Utilization
Conference
Sumida City Office Building
- 1-23-20 Azumabashi, Sumida City Tokyo
130, Japan
1995, 176 pages
"', .R'
_(~I...l-:
\....-1 .' I
",." r \ ,:v:. ,
" '- - ~ ,." .-
"It is,estimated that 60% of the world
population will concentrate into urban areas
by the middle of the 21St century. ..., Population in Asia, Africa and Latin America
will continue to concentrate into large cities and, as a result, those cities will
. http://www.cityfarmer.org/rainbarre172.html
09/08/2001
. C'ity Farmer:Rain Barrels
Page 6of8
.
confront the problem "Urban Droughts and Urban Floods". ... A new rainwater
culture is required in which cities can live more harmoniously with rain." (from
the forward by Makoto Murase, Conference Secretary-General)
Also available from the above office:
Excerpts of Questions & Answers
Tokyo International Rainwater Utilization Conference
March 1995, 41 pages
The rain faIling on the roof of the Sumida City Office, an 18-storey
building completed in 1990, is collected in an underground 1000 m3
tank. The drainage from the bathrooms and restaurants in the
building as well as the rainwater, is sterilized and used for flushing
toilets.
According to data from 1993, the amount of water used for flushing
toilets for that year was about 13,600m3. 7000m3 of that was
rainwater, and recycled drainage accounted for 4000m3. This means
that within the City Office alone, 11,000m3 of water were saved
during that one year. This amount is equivalent to the amount of
water needed to fill approximately 55,000 family bathtubs (200
liters) .
.
Water-Saving Devices
Compiled by Lone Hansen, Andrew Giles
BSRIA (The Building Services Research and Information Assoc. Bracknell,
Berkshire, UK
One of six reports in a series on Environmentally Friendly Systems and Products
Published in October 1997, 49 pages
This series of reports was funded by the DepaJ.wJ.ent of Trade and Industry and a
group of industrial sponsors.
Market report now available from BSRIA, priced f:250.
Contact Rachel Slater or Peter Cooke Tel: +44 1344426511, Fax: +44 1344487575
PeterCo@)bsria.co.uk
The Water Saving Devices report reviews the market for these products
~ world-wide, assesses their market potential in the UK and examines what can be
- done to increase the uptake of this technology. Those water saving devices
analysed in the report include:
.
· Rain water recycling products/systems
· Grey water recycling products/systems
. Waterless urinals
"There are two categories of waste water: grey and black water. Grey water is all
,http://www.cityfarmer.org/rainbarreI72.html
09/08/2001
City Farmer:Rain Barrels
Page 70f8
.
waste water from baths, showers and hand basins, domestic appliances and
fittings. Black water is fouled water from toilets and bidets. The grey water that
can be recycled is approximately 26% of the average consumption in a domestic
dwelling (or 47% if the washing machine is included). The water used for toilet
flushing is approximately 33% and outside use is approximately 3% of the
average consumption. Grey water for toilet flushing can be supplemented. by
mains or rain water. The pay back time for grey water systems using waste water
for toilet flushing is between 7 and 15 years depending on capital costs (~500-
~1,000) and based on an average price of ~1.28 per M3. The pay back time is '
reduced to 4-8 years in the South West where the price per M3 is ~2.30. The
payback time for grey water systems is shorter than rainwater systems but the
manufacturers/installers need to 'consider the end users perccpG.on and attitude,
health and safety aspects and legislation and planning pCJ.1l.lission. II
Envirosink
"Envirosink is an environmentally helpful additional, or secondary sink that
utilises all standard plumbing fittings. Envirosink allows you to conserve the
'light' gray water from your kitchen. Envirosink is the only system that allows
some catchment of water at the kitchen sink -- to help fill your rain barrel in the
dry season. "
.
Be.. u..uda
"Here in Bermuda all residential properties catch rainwater on the
roof. This is constructed of lapped limestone slate on a timber frame.
The water collected drains down into a water tank which is located
beneath the house. The general rule of thumb is that the tank must be
large enough to hold, in gallons, an amount calculated by multiplying
the roof area of the house by eight and a quarter. This water
collection system has been in use for many, many
'years." (Depfu.l.1l.lent of Planning, Bermuda)
DepaJ.l.1l.lent of Planning
Government Administration Building
30 Parliament Street, Hamilton HMI2, Bermuda
Phone: (809) 295-5151
Fax: (809) 295-4100
.
Rainwater Collection Systems
Videotape and Booklet, revised 1995
Morris Media Associates, Inc.
4306 Wildridge Circle
Austin, Texas 78759 USA
http://www.cityfarmer.org/rainbarre172.html
09/08/2001
City Farmer:Rain Barrels
Page 8 of8
.
"Rainwater Collection Systems is the story of three families from the
Texas Hill Country who collect rainwater for all their household
needs, including drinking. And they would say 'especially' drinking!
'When emergency room physician Dr. Mike McElveen and his wife
Kathy decided to collect enough rainwater for all their needs, their
system became the model for others in their area to follow. A 50 page
booklet accompanies each half-hour video.'
Emergency Water, Soft Water, Chemical Free Water from PI~bo
Non mechanical rain water diverter used to collect water for chlorine sensitive
plants.
New Feature! Search Our Site-
~ Return to Contents' Paae ~
.
Revised Hay 28, 2001
Published by City Farmer
Canada's Office of Urban Agriculture
citvfarm@interchanQe.ubc.ca
.
http://www.cityfarmer.org/rainbarreI72.html
09/08/2001
Rain Gardens
Page 1 of 9
.
Visit the 'Friends of Bassett Creek' W ebsit~
---- Rain Gardens
-__I-.
- - - - This Raingarden Pamphlet in Adobe Acrobat PDF Format (1.2m) - _ _ _
Gardening with Water Quality in Mind
.
When you make a garden a "rain garden" you can improve local water
quality while creating a beautiful natural area that will attract birds and'
butterflies. Rain gardens allow rain and snowmelt to seep naturally into
the ground. This helps recharge our groundwater supply, and prevents
a water quality problem called polluted runoff. Rain gardens are an
important way to make our cities more attractive places to live while
building urban ecological health.
What makes a garden a rain garden? All it takes is a few simple steps in
the following three areas: .
Landscaping:
- Rain gardens are designed with a dip at the center to collect rain and
- snow melt. Any degree of indentation is useful, from slight dips made
with your garden trowel to large swales created by professional
landscapers. Neatly trimmed shrubs, a crisp edge of lawn, stone
retaining walls and other devices can be used to keep garden edges neat
and visually appealing.
.
Location:
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09/08/2001
Rain Gardens
Page 2 of 9
.
Strategic placement next to hard surfaces such as alleys, sidewalks,
driveways and under gutters makes your rain garden effective.
Following you will find descriptions for how rain gardens can work in
the front, side and back sections of your property.
Plant choices:
Hardy native species that thrive in our ecosystem without chemical
fertilizers and pesticides are the best choices. Many rain gardens
feature shrubs as well as wild flowers and grasses. As a rule, the less
"turf' on lawns, the better it is from a water quality stand point -- turf-
style lawns create a harder surface which does not absorb water as
readily as garden areas. Also, turf-style lawns often require chemical
treatments and extra water to look uniform. Yards that feature native
plants, grasses and shrubs are much easier to maintain.
What is polluted runoff?
.
Polluted runoff is a big problem in urban areas where much
of the ground is covered with hard surfaces such as roofs,
streets, parking lots and sidewalks. Before development, rain
and snow melt seeped slowly into the earth. Now water flows
quickly across hard surfaces, picking up pollutants -- from
organic particles, pesticides, fertilizers, gas, oil and other
types of residue -- before dumping into storm drains. O~ce in
the storm sewer system the welter flows into local lakes and
streams. In most cases it is not treated or cleaned in any way.
Here in the Twin Cities almost all storm water eventually
ends up in the.Mississippi River -- our precious, world-class
resource that is also the source of much of our drinking
water.
Front yard gardens:
.
Gardens along the front of homes and businesses are particularly useful
fro~ a water quality and aesthetic standpoint. Their proximity to the
street makes front yard gardens an effective place to collect water that
has run off of your roof, yard, driveway and sidewalk before it hits the
stormwater system. Because they are highly visible to people passing by
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09/08/2001
Rain Gardens
Page 3 of9
on the street or sidewalk, front yard raingardens also add to the beauty
. of the neighborhood. '
.
.
-
If the rainwater collection area is larger and the raingarden smaller,
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09/08/2001
.
.
.
Rain Gardens
Page4of9
then in some cases overflow or excess standing water may become
a problem. Small culverts and/or swales may be useful in these
cases to move excess water from one raingarden to another that has
extra capacity. There may even be a c01.J.lluunity raingarden that
receives water from a number of adjacent properties.
Front yard gardens can be created:
. At the end of the roof gutter to capture run off from the roof.
· Along front walkway to keep runoff from traveling down the
sidewalk and into the storm sewer.
. Along the city sidewalk to act as a buffer between your lawn and
the street.
· On the city-owned boulevard to stop runoff from entering the
street.
Property owners with front yards that slope to the sidewalk may choose
to incorporate stone walls. With the addition of wall features, collection
points can become deeper and more useful from a water filtration stand
point. If the wall is decorative and combined with neatly edged turf, the
area will be beautiful throughout the year.
Side yard gardens:
Gardens along the side of your home or business can catch runoff from
your roof, create a "living fence" between properties and channel runoff
to front or back yard gardens. Some homeowners create wide side yard
gardens that become wider still in the back yard. This style of garden
can minimize the amount of "turf' in your back yard that needs to be
mowed. Creating wild areas along the side of your house ensures that
you can look out your window and see beautiful plants, birds and
butterflies. Don't plant tall shrubs right next to your windows if you are
concerned about people hiding there. Also, make sure dips for
, capturing runoff channel water away from your house to avoid
basement flooding problems.
Back yard gardens:
Back yard gardens can keep water from running down the alley and
into storm sewers. Like side yard gardens, back yard gardens can also
help minimize the amount of high-maintenance turf-style lawn on your
property. Most people place their largest gardens in the back yard. If
. http://www.mninter.net/.-.stack/rain/index.htm
09/08/2001
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.
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Rain Gardens
Page 5 of 9
you already have a large back yard garden, you can easily add a water
filtration component by creating dips that will hold and filter water.
. In any location, a rain garden's basic feature is a dip or swale.
Shrubs are often planted at the center and surrounded by wild
flowers.
Q: - How do I turn a section of my yard into a rain garden?
A: - Simply remove sod, dig a shallow depression and plant with native
plants.
Q: - Don't rain gardens attract a lot of mosquitoes?
A: - Not really. Mosquitoes thrive and breed in standing water. Most
mosquitoes breed in places like junk-piles where there are old tires or
tin cans. There is rarely standing water in a well-designed rain garden.
Q: - Can I create a rain garden that doesn't look too wild or
messy?
A: - The way to make a rain garden, or any garden, appear 'well kept' is
to keep the edges tidy. Tall plants and grasses tend to "flop-over" so if
you want a neat silhouette, you will want to stick with short species. To
keep native plants from growing too large, remember not to water
them!
Q: - What happens to water-tolerant plants when we have a dry
spell?
- A: - Native plants can withstand a range of weather conditions. Native
plants that do well in poorly drained soil will be fine during dry
weather. .
Q: - How large must a rain garden be to be worthwhile?
, http://www.mninter.net/....stack/rain/index.htm
09/08/2001
Rain Gardens
Page 6 of9
.
A: - Any water that seeps into the ground instead of running into a
storm sewer helps water quality. A rain garden of any size has a positive
impact.
Neighborhood raingardens can provide recreation opportunities, re-
create wetlands and add aesthetic value to our urban communities.
Neighborhood Projects:
The overall landscape pattern of our cities includes easements and
small public properties. These areas are ideal for gardens that improve
the ecological functioning and the aesthetic value of our' communities.
In the Twin Cities, our proximity to the Mississippi River and its
network of tributary creeks and streams provides many opportunities
for protecting this great waterway through restoration of former
natural areas.
.
Across the country, urban communities are realizing the economic,
social and environmental benefits of creating stormwater filtration
projects and restoring native vegetation. Twin City based efforts
include work in the neighborhoods surrounding St. Paul's Lower
Phalen Creek and Minneapolis' Bassett Creek -- Mississippi River
tributaries that have ~een degraded and partially buried as storm
sewers.
-
Residents, businesses, employees and government agencies are
working together to recreate natural areas and improve water quality in
Lower Phalen Creek and Bassett Creek. Efforts, which are spearheaded
by St. Paul's Friends of Swede Hollow and Minneapolis' Friends of
Bassett Creek; include promoting rain gardens as well as:
· Recreating wetlands and other natural areas.
· Improving and enhancing existing parks and natural
areas through removal of invasive trees, planting of
native species and increasing public access.
· Creating and extending public bicycle and pedestrian
trails to provide new recreation opportunities and
connections to the Mississippi River.
. Rain gardens in action!
, http://www.mninter.net/-stack/rain/index.htm
09/08/2001
Rain Gardens
Page 7 of 9
.
There are a number of sites where rain gardens are being installed to
add beauty to our cities while capturing and filtering stormwater.
Friends of Swede Hollow and the City of St. Paul are installing a rain
garden demonstration site on Seventh Street near the Swede Hollow
Cafe.
The St. Paul Neighborhood Energy Consortium is building a rain
garden at their new site on Selby and Dale. Through this project, an
existing parking lot's impervious surfaces are being reduced by about 17
percent.
To see a residential rain garden, take a look at the yard on 118 Virginia
Street (one half block north of Summit Avenue, near Western in St.
Paul). The rain garden is visible from the sidewalk.
Native Plants for Rain Gardens
.
Below is a list of native plant and shrub options for wet soils in the
center of rain gardens:
Native Plants ,for Wet Soils --- Sunny
Areas:
.
· Sweet Flag - - - .: - - - - (Acorns ~alamus)
· Giant Hyssop* - - - - - - (Agastache foeniculum)
· Canada Anemone - - - - (Anemone canadensis)
· Marsh Milkweed* - - - .: (Asclepias incarnata)
. New England Aster* - - (Aster novae-angliae)
· Marsh Marigold - .: - - (Caltha palustis)
. Tussock Sedge - - - - (Carex stricta)
· Turtlehead* - -.: -.: - (Chelone glabra)
· Joefye Weed* - - - - - (Eupatorium maculatum)
· Boneset.: - .: - .: - .: - (Eupatorium perfoliatum)
-. Queen Qf:the Prairie* .: (Eilipendula rubra}.:
· Sneezeweed - - -.: - - (Helenium autumnale)
· Blueflag Iris - - - - - - (Iris versicolor)
· Soft Rush - - - - - - - (Juncus effusus)
· Great Blue Lobelia.: - (Lobelia siphilitica)
· Switchgrass*.:.: - .: - .: (fanicum yirgatum}
· Prairie Phlox.: .: - .: - .: ~hlox :g.ilosa)
.http://www.mninter.net/--stack/rain/index.htm
09/08/2001
Rain Gardens
.
· Mountain Mint - - - - - (Pycnanthemum virginianum)
· River Bulrush - - - - - (Scirpus t1uviatilis)
.. Softstem Bulrush - - - (Scirpus validus}
.. Riddell's Goldenrod - - (Solidago riddellii)
. Tall Meadow Rue* - - - (Thalictrum dasycarpum)
· Culvers Root* - - - - - (Y'eronicastrum virginicum)
. Golden Alexander - - - (Zizia aurea)
Native Plants for Wet Soils --- Shady
Areas:
. Caterpiller Sedge - - - (Carex crinita}
. Cardinal Flower*:: =:: - (Lobelia .Qardinalis)
· Ostrich Fem* - - - - - (Matteuccia struthiopteris)
· Virginia Bluebells - - - (Mertensia verginica)
· ,Sensitive Fern = - - - - (Qnoclea ~ensibilis)
*Likely to grow taller than three feet.
. Shrubs --- Sunn.v or Shad.v Areas:
· Black Chokeberry - - - (Aronia melanocarpa)
. Red Osier Dogwood - - (Comus serecia}
. Low Bush Honeysuckle - (Diervilla lonicera)
· Annabelle Hydrangea - - (Hydrangea arborescense 'Annabelle')
· Pussy Willow - - - - - (Salix caprea}
· Blue Arctic Willow - - - (Salix purpurea 'Nanna')
Shrubs --- Sunn.v Areas Only:
. Meadow Sweet - - - - (Spiraea alba)
· Steeplebush - - :: - - - (Spiraea tomentosa)
· High Bush Cranberry - (Viburnum trilobum)
-
For vurchasina native plants and seeds:
.,.; - ....;
.
· 'Prairie Restorations Inc: 888-389-4342
· Landscape Alternatives: 651-488-3142
· Prairie Moon Nursery (mail order only): 507-452-1362
, http://www.mninter.net/-stack/rain/index.htm
Page 8 of9
09/08/2001
. Rain Gardens
Page 9 of9
.
For information on gardening with native plants, runoff pollution prevention
and workshop opportunities, call the St Paul Neighborhood Energy
Consortium: 651--644-7678
For information on native plant demonstration sites, classes, youth gardening
projects or starting a community garden, call the Sustainable Resources Center
Urban Lands Program: 612--872-3288
Read published newspaper article on a neighborhood rain gardens
retrofitting project along a city street.
Some Rain Garden Links:
--- Environmental Protection Ae:encv (EP A) urban runoff and rain e:ardens.
--- Runoff treatment and rain e:ardens at Jordan Cove. Connecticut-(EPA).
--- Rain e:ardens at Port Towns. Marvland.
- -
--- Rain e:ardens at the Vircinia Deufu Lment of Forestrv
- - -- -
Native plant information was supplied by Fred Rozumalski, Barr Enaineerina..
- -
Rain garden text written primarily by Amy Middleton and Sarah Clark.
.
Funding for this rain garden pamphlet was provided by the },tIcKnil!'ht Foundation. Minnesota De?artmem of Natural Resources and
Minnesota Office of Environmental Assistancll. illustrations reprinted courtesy University of Minnesota Deoarrment of Landscaoe
Architectu~, - -
(Maintained by Dave Stack, Ed MCRoberts ;Content @ Friends of Bassett Creek: (Created by Gabe Ormsby); Update 01feb13)
Please email usatstackt1!lmninter.netif you notice any links or phone contacts on this website that have died,
.
, http://www.mninter.net/....stack/rain/index.htm
09/08/2001
.
.
.
bemostration Site, Driveway Dry Well
D. Driveway Dry Well
This drywell system serves the dual
purpose of retaining and cleansing
rainwater, giving it time to percolate
into the ground rather than carrying
motor oil and other pollutants into the
storm drain system and out to our
beaches and bays. Rainwater flowing
down the driveway runs through a grate
(see D) into a box containing sand and
crushed rock that captures pollutants.
Return to Demonstration Site
. http://www.treepeople.org/trees/d.htm
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Page 1 Ofl
Click here to view Actual Site (Size 80kb)
1>Ji~.... 00f
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'~""P": .
09/08/2001
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HARDSHIP CRITERIA
Hardship criteria
# 1. The lot was developed before applicant purchased it and he upgraded the existing house,
under permit. The "calculations" desired by staff are not relevant as per the engineer's letter
dated December 6 and presented to the Commission prior to the December 10 meeting. No
alternatives have been offered by the engineering department, although I spoke with Lani
Leichty and requested what they were considering,
There are practical difficulties with this lot which the current owner did not create. He has
enhanced the property in line with the surrounding neighborhood and has the full support of his
neighbors in his efforts.
Hardship criteria # 1 is met.
#2. The need for the rear patio was documented, at the request of the Planning Commission.
The chronology, attached, reflects the misrepresentation made by the Planning staff on the ability
to bring in the requested information. Not the first misrepresentation they have made as is
indicated in my short list, developed during my involvement in this case. The setback variance
granted from the lakeshore required Mr. Crouse to stabilize his backfill when the house was
raised to meet current code.
Hardship criteria #2 is met.
#3, Reasonable use includes protecting the stability of structures and erosion control. Mr.
Crouse's property would be devalued and possibly compromised should the patio be removed.
While variance approval after the fact is not typical or encouraged, destruction can be construed
as a taking.
Hardship criteria #3 is met.
#4, Staff, Mr. Crouse and his neighbors are in full agreement that this is not a problem.
Hardship criteria #4 is met.
#5. The impervious surface of the patio creates minimal drainage impact, according to Pat Lynch
of the DNR. Removal of the stabilizing surface could create major erosion problems, not the
infiltration area Staff envisions, More effective is an alternate drainage system for which Mr.
Crouse's house is set up for now, Removal of the patio will impact property values and impair
established property values.
Hardship criteria #5 is met, removal of the patio will diminish property value and impact the
neighborhood, creating hardship on the community.
.
.
.
#6. The intent of variances is to allow flexibility with Ordinances and to give municipalities the
ability to improve while maintaining standards. No one can dispute that Mr. Crouse has
improved his property. The entire neighborhood is behind his efforts. His lot is adjacent to an
open outlot which creates a large pervious infiltration area and is one of the reasons his lot is
small. The intent of the Ordinance and Comprehensive Plan is to create a standard and
encourage improvement of real property in concert with surrounding properties. Mr. Crouse has
brought his property in line with his neighborhood - the intent of the Plan!
Hardship criteria #6 is met.
#7. No other means have been identified by City Engineering to stabilize Mr. Crouse's patio
area, He raised the house to meet Code requirements that had changed from when the house was
originally built, creating the need for backfill. The close proximity to the lake (per granted
variance) requires the backfill be stabilized. This is not convenience for the property owner, it is
protection.
Hardship criteria #7 is met.
#8. The hardship results from:
- Ordinance changes requiring a driveway be calculated as impervious surface (see
attached November 22, 1996 letter documenting changej-
- Code changes requiring a higher elevation for lower levels
- Platting which created an undersized and irregular lot prior to impervious surface
limitations
Hardship criteria #8 is met.
#9. Economic considerations alone are not sufficient to grant a variance. However, the expense
to create another cap, which functions at/or about the same level as the current cap, can and
should be considered when making a decision on Mr. Crouse's variance request.
However, Mr. Crouse is willing to expend resources to use alternative methods to mitigate the
runoff and monitor it. His house is ideally set up for this type of mitigation because all guttering
and downspouting is in place. The 28% could be captured easily and managed through
rainbarrels and other mechanisms. From a 46.4% unmanaged runoff, it would result in 18.4%
residual.
. 'i!.~~''''''''.i.i.I.ltIwiI.~'~';1l.U::;''I~i~_.~~i~.iiMl!ili~j'16IiJ.Il..,1.liiii;,'II~Ji~Jl.i~,~jiil~ljijoi.1i'~I~~ij~..,Ii~illiilWiilllll.iliiljllliiilll.iill_jl;wJlIil,II.I.I.IIiII,IIIWI.IliJ~,i1'ljlillill.
NOVEMBER 22, 1996
Dear Builder/Surveyor:
On November 18, 1996 the Prior Lake City Council 'adopted an ordinance modifying the
definition of unpervious surface. The change adds gravel driveways to the definition of
impervious surface. The effect of this on new construction will be irrelevant, as paved
driveways are required on new construction. The effect on existing parcels could be
significant in some cases. The new defmition is as follows:
.
liltfPERVlOUS SURFACE: The portion of the buildable parcel which has a
covering which does not permit water to percolate into the natural soil
Impervious surface shall include, but not be limited to, all driveways and
parking areas, whether paved or not, sidewalks greater t!ran 3' in width, patios,
tennis and basketball courts, swimming 'pools, covered decks and other
structures. Decks open to, the sky and having open joints of at least one-fourtll
inch (1/4") and sidewalks 3' in width or less shall be exemptedfrom the
calculation of impervious surface. Tile impervious surface of a lot shall be
documented by a certificate o/survey unless exemptedfrqm this requirement by
the Zoning Administrator.
In order to better administer the impervious surface requirements, the City has created a
worksheet to be submitted with all building permit applications for property located, in the
Shoreland District (SD). The impervious surface requirement only applies to property
located in the Shoreland District. The Shoreland District includes all property located
within 1,000 feet of a significant body of water such as Prior Lake, Spring Lake, Mystic
Lake, iVIarkley Lake, etc. and the tributaries leading to them: If you are unsure of the
zoning, please call us. . ,
Please feel free to call us if you have questions regarding the worksheet. Thank. you for
your cooperation.
.
Sincerely,
('}; /w A.:' j r/lIGVV
1:;;;~
Planner
IMPL TR.DOC/JK.T
16200 Eagle Creek Ave. S,E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fa.x (612) 447-4245
.~N EQt:,~L oppoRTt::-:m' E.\lPLOYER
.
.
.
2/23/01
6/25/01
7/23/01
9/10/01
9/14/01
9/24/01
9/25/01
10/5/01
10/8/01 '
CHRONOLOGY
Crouse Variance Request
Mr. Crouse files original variance application (57.5% impervious surface)
Hearing held
Hearing scheduled but applicant out of town, postponed
Hearing with .Ll;,p.Lesentative appearing for Mr. Crouse (business trip)
45% discussed at June 25 meeting, 44% proposal presented, with alternative
measures to bring infiltration below 30%, motion made for 40%, 36% passed with
need for additional information emphasized.
Letter of appeal of 36% variance flied with Don Rye
Planning Commission meeting - Resolution modified from 36% to 38%
without public hearing r_ 3~'%'
_ ~O\
Telephone call from Steve Horsman - ready to pUblish1but nothing fmal
until Resolution signed at October 8 Commission meeting. Based on
Horsman's request, letter sent withdrawing appeal so that additional
engineering information could be introduced to Commissioners and the City
for this variance.
Based on Horsman's representations - engineers report sent to all
Commissioners and the City with request public hearing be reopened to
introduce this information.
Letter faxed from the City d''''~'J.:ng request to introduce additional
information and requiring a new variance.
Hearing held and Resolution signed for 38% variance.
Examples: Teilborg's surprise at having to remove garage (Sept. 10 Planning Commission mtg)
Norling's change to their variance without public hearing (post-approval)
Crouse's denial to reopen hearing and subsequent change in variance (post-approval)
""C' . ."..
'~~~':~
:~&~~~:
".........
. "~':
~.,
tluJ!ilVIU,";u~J,R1{ & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL
P.O. .BOX 67
PRIOR LAKE, MINNEsOTA 55372
JAMES D. BATES
BRYCE D. l1u.l:U\fOELLER
September 14;2001
Telephone (952) 447-2131.
Fax (952) 447-5628
Mr. Donald R Rye
Prior Lake Planning Director
16200 Eagle Creek Avenue
Prior Lake MN 55372
Re: D. Mark Crouse - Application for Variance No. 01-017
Dear Mr. Rye:
.
This letter is a notice ofappea1 to the Prior Lake City Council from the September 10,
2001 action by the Planning Commission reducing Mr. Crouse's variance application for
increased impervious surface from 57.5%..10 36%.
Please send me copies of the Planning Commission's minutes and the staff report for the
City Council meeting as they become available.
VtfX. truly yours~
!r~; . 1/\
,,&-1 3 I
'-'1 ~L'':'\ I
,....l,.,rI...,A.I 1~">",,,-, "<::-J'
Allison J. Gontarek
Attorney at Law
Au-
cc: D. Mark CroUse
.
.
.
.
,~~Jt~\
HUEMOELLER & BATES
ATTORNEYS AT LAW
POST o.lfnCE BOX 67
PRIOR LAKE, MINNESOTA 55372
Telephone: 952.447.2131
Facsimile: 952.447.5628
E-mail: huemoellernatest.Q).aol.com
;~~t~!1
BRYCE D. HUEMOELLER
JAMES D. BATES
ALLISON J. GONTAREK
OF COUNSEL:
CHARLES C. HALBERG
September 25~ 2001
Mr. Steve Horsman
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake MN 55372
By Facsimile and
U.S. Mail
Re: D. Mark Crouse - Application for Variance No. 01-017
Dear Mr. Horsman:
Please consider this letter as a request for your department to disregard my
September 14 letter of appeal directed to Mr. Rye, Planning Director. We were under the
impression that a final decision had been reached at the September 10 Planning
Commis~ion meeting which required an appeaJ. within 5 days. I apologize for the '
misunderstanding and appreciate you contacting me before publishing the notice.
Thanks!
VerY truly yours,
~LLv~
"
Allison J. Gontarek
.
.
(~F~~
HUEMOELLER & BATES
ATTORNEYS AT LAW
POST O~jH,CE BOX 67
PRIOR LAKE, :MINNESOTA 55372
Telephone: 952.4472131
Facsimile: 952.447.5628
E-mail: huemoellerbatesuv.aol.com
BRYCE D. HUEMOELLER
JAMES D. BATES
ALLISON J. GONTAREK
OF COUNSEL:
CHARLES C. HALBERG
October 5, 2001
Mr. Steve Hv.L,)...wm
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake 1\.1N 55372
Hand Delivered
Re: D. Mark Crouse - Application for Variance No. 01-017
Dear Mr. HV.L,)U.Lan:
Enclosed please find a report p.Lvpared by Professional Engineering Consultants regarding
, the requirement for a cap between Mr. Crouse's house and the lakeshore. We respectfully request
that the hearing on Mr. Crouse's variance request be reopened based on this new information,
obtained at the request of the Planning Commission.
This engineering analysis was obtained to satisfy the questions raised by the Planning
Cv~sion at their September 10, 2001 meeting. It is in draft form because the engineering
:firm was unable to produce a final, more polished copy. I will forward you a final copy as soon
as it becomes available. I am forwarding the report to all the Planning Commissioners
individually in hopes to expedite a drawn out process.
Mr. GislaSon states the need for a cap was created by the legally permitted raising of the
original structure to comply with C1.u....l;,ll' elevation requirements. We would apl'.LI;,,,,~ate the
Planning Commission takIDg this additional information into consideration in Mr. Crouse's
variance request
vt3ur,rYOurs, M -J.-
.rAJlNU~ ~t ,
Allison J. Gontarek
. cc: D. Mark Crouse
f*t~~
~1\~~
AGENDA ITEM:
SUBJECT:
.- SITE: ,
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
- INTRODUCTION:
PLANNING REPORT
4A
CONSIDER A RESOLUTION APPROVING A
VARIANCE FOR AN IMPERVIOUS SURFACE.
COVERAGE AREA OF 38%, FOR ,D. MARK CROUSE,
Case File #01-017PC
15507 CALMUT AVENUE NE
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING' COORDINATOR
YES X NO
OCTOBER 8" 2001
The Planning ,Department received a variance application from property owner
- Mr. D. Mark Crouse for an impervious surface coverage area of 4,422 square
-feet or 57.5% of the total lot-area on the property located at 15507 Calmut '
Avenue NE (Attachment 1 - Ce~ificate of Survey).
.
The Planning Commission conducted public hearings on this item on June 25,
2001, on July 23, 2001, and on September 10, 2001. After review of the
applicant's request with respect to the variance hardship criteria, the Planning
Commission directed staff to draft a resolution approving a variance to allow an
,impervious surface of 36 %.
On September 24, 2001, the Planning Commission reconsidered their earlier
action. The Commission determined a 36% impervious surface would not allow
a driveway. The Commission therefore approved a 38% impervious surface and
directed staff to prepare a resolution.
1-. A variance to permit an impervious surface coverage area of 38% of the lot
area above the 904 foot elevation (OHWM), rather than the maximum
allowable coverage of 30%.
The following conditions must be adhered to as part of the Variance Resolution:
.
1. The applicant shall submit to the City of Prior Lake a revised certificate of
survey identifying the impervious surface to remain on the lot and the
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.. ~ . ,.
~.;;~~:%~ .
~~~~:~':
October 8, 2001
Ms. Allison Gontarek
Huemoeller & Bates
16670 Franklin Trail
Prior Lake, MN 55372
Dear Ms. Gontarek:
.
The City of Prior Lake received a letter from you dated October 5, 2001, requesting that
the public hearing be reopened for Variance File 01-017PC. You included additional
information from a Professional Engineering Consultant regarding the need for a cap
(patio) between the home and lakeshore retaining wall on the' property at 15507 Calmut
Avenue.
As you are aware the Planning Commission made a final decision on this matter, and
allowed the applicant to maintain' a 38% impervious surface area on the subject
, property, at the scheduled hearing on September 24, 2001. This provides for a driveway
to the 3-stall garage, but requires the additional impervious surface area to be removed,
including the patio area in question. The public hearing for this request has been closed
and any additional variance requests and supporting documentation shall be processed
in th~ form of a new variance application.
If you should have any questions regarding this matter, call my direct phone numb~r at
447-9854 between 8:00 a~m. and 4:30 p.m., Monday through Friday, and I will assist
you.
Sincerely, '
~~
~ .,~. ~
~-i,'iA.' , ~~
st;;;en Horsman
Zoning Administratorllnspector
Enclosed: Variance Application
.
16200 ~eek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.
.
.
JAN.22'2002 15:25 651 770 2552
EMMONS & OLIVER RESOURCES
#1704 P.002l010
\ '? 1.,-
~
Making A Difference Through Integrated Resource Management
EOR, INC. · 3825 Lake Elmo Avenue North · Lake Elmo, MN · 55042 · Tel: (651) 770-8448 · Fax: (651) 770-2552
January 22, 2002
E[R EMMONS
& OLIVIER
RESOU RCES
""""=... ~~-=
~ ~ p.- ---.. ~
-.- ....----
Ms. Allison Gontarek, Esq.
HuemoelJer & Bates
16670 franklin Trail
Prior Lal<e, MN 55372
Re: Crouse Impervious Mitigation
Rain Barrel & Rain Garden Project
Dear Ms. Gontarek:
This submittal is a follow up to OUT recent telephone conversation. Enclosed you will
find general information related to cont.roJUng storm water runoff vol,umes, Also we have
quickly reviewed the small-scale survey of the Crouse propeny and have included some
brief recommendations.
General Infonnation
The rust item you will find is a 4-page draft fact sheet EOR has generated for a
watershed district client. This fact sheet provides specific design crit.eri,a used for
CO.."L olcting infiltration trenches, infiJJ:ration tubes and rain gardens. The second item
encJosed is a general information sheet on infiltration. The third item is some general
infuuuation on rain barreJs and cisterns photocopied from a m.anual calJed "Low-Impact
Development Design strategies" prepared by Pri.nce George's County, Maryland.
Recommendations ,
With the specific intent to mitigate the amount of stonn, water runoff generated by the
ilUj,J...rvious surfaces on the property we have developed the foJJowing conceptual ideas:
1. Rain barrels should be installed at roof downspouts. TIle rain barrels should be
sized to collect and store at least the volume of water generated by any additional
proposed impervious area for a two-year storm (2.5" in 24 hrs). For each 100 sq-
ft of impervious swfaces~ 156 gallons of storage is required to retain a 2..year
event. Typical rain barrels have a capacity of 42 gallons. La.6"'~ storage units are
typically called cisterns and range from hundreds to thousands of gallons. Stored
water can be retained for Jong periods of time and used for Jand.~apjn,g watering,
car washing or with J:'.LVl.lcr treatment, cbinWng.
2. Small-scale infiltration trenches and tubes may be lncoij?orated in the landscaping
plan without taking up a lot of space. Storm, water runoff should be directed to
the desigt1ed struccures allowing runoff to. be infiltrated. Location of designed
infilttation structures must be considered carefully. Many factors such assojJ
type, proximity to structures and storage volume need. to be considered. In many
JAN.22'2002 15:25 651 770 2552
.
.
.
EMMONS & OLIVER RESOURCES
#1704 P.003/010
ca..~s infiltration. trenches blend in to site Jandscapin.g and in some cases can be
constructed under im.pervious surfaces such as parking lots and driveways. This
site will have to be further analyzed to determ.ine the appropriateness of these
types of infiltration practices.
3. Rain gardens should be incorporated into the landscaping plan. Rain gardens are
planted with native flowers, grasses and shrubs that can tolerate periods of
saturation and drought. Stann water routed to rain gardens is stored. infiltrated
and utilized by tbe plants.
4. Native landscapIng should be incorporated into the landscaping design. Turf
grasses on the property should be minimized as much as possible. Manicured turf
grasses generate nearly as much' stonn water runoff as im.pervious surfaces.
Considerations should be given to replace conventional turf grass with native
grasses and flowers. Including areas of native plantings in a site landscaping plan
can considerably reduce the amount of storm water generated during a rain event
and requires a lot Jess m.aintenance that traditional twf. Also, being that the site is
on Prior Lake, native Jand..~apjn.g alon.g the shoreline could provide pretreatment
of storm water before it enters the lake,
Next Steps
We appreciate your interest in protecting our water resources through the use of
in.novat.ive storm, water management practices. Please let us know if you would like
additional information on these types of stonn water management pracUces or if you
require additional assistance in the fuiirre.
Sincerely,
~wt
Camilla Correll
Water Resource Engineer
ason R. Naber
Natural Resource Specialist
JAN.22'2002 15:26 651 770 2552 EMMONS
DRAFT
. Infi tration
Trench, TUJe
& Rain Ga "den
INTRODUCTION TO PRACTICE
An infiltration trench is an eJCcavated depression
that is backfilled with washed gravel providing
underground storage for runoff allowing it to
infiltrate into the underlying soil. Infiltration
tubes are a variation of the tretlch design. Rclin
gardens cara be designed to include subsurface
improvements like those of 0 trench,
.
Due to their small size, infiltration trenches, tubes
C1nd rain gardens are appropriate for confined
areas such as parking lot islands, rOCldside swales
or residential sites. Infiltration trenches and
tlJbes can also be used as er1hancemer1ts in r~;onol
Infiftration practices by allowing storrnwater to by-
pass impermeable layers, such as cloy lenses,
thereby increasing the overall infiltration capa.city
of t"e facility.
SITE SUITABILITY
.
Infiltration trenches and tfJbesshould only be used
in areCIS where 1'he following physical site
characteristics are suitable: soil type and depth to
the seasonally high water table, depth to bedrock
or on impeding layer, contributing drainage aree
and topography. The following steps should be
taken '1'1 the evaluation of $ite suitability:
· Perform one to three soil borings In the
rocation of the infiltration pradlce(s) to
confirm naturally occurrin9 permeable soils,
depth to the seasonally high water table,
bedrock or an impeding layer. A minimum 3-
foot distance should be providecl below the
bottom of the practice and the water table or
bedrock (Protecting Water Quality in Urban
Areas: A Manual, Minnesota Pollution Control
Agetlcy, Moreh 1, 2000),
8301 Valley Creek Road
WOodbury, MN 55125
(651) 714.3729
" Determine how suitable the topography is for
an Infiltration trench. These practices should
not be cons1'ruc:ted on sites with a slope
greeter t"an 20 percent.
· According to the Uterature, the contributing
drainage area to an infiltration trench or tube
typically should not exceed five aeres.
" Evaluate the impact of constructing elM
infiltration practice on existing hydrologic
features (e.g. wetlands) and fry to maintain
pre-existing conditions (e.g. do not breclc:h a
perched water table which ;5 supporting a
wetland).
Ff9ure 1, ExcovotlQn of cr.n Infiltration trench with a
backhoe.
Note; Based (In past experience with current
regulations, infiltration tubes may be classified as
Class V Injection Wells, and must be reqlstered
with the MPCAJs long as hazardous substances
are not anticipated in the runoff and the tube ;s
not within three feet of the water table. the
registration process is fairly simple.
JAN.22'2002 15:26 651 770 2552
~..... .
EMMONS & OLIVER RESOURCES
#1704 p.005/010
._~:.".:'~.,:",;:Il'~ .:.:..:.~.::....,:.,. ::,' :......~..,::::;;:;~..!::.. ::;' .:. H .1: ,. '...
.
Figure 2. Post construction photo of infiltration
trencn with observation well.
RECOMMENDA TIONS FROM LOCAL
CONTRACTORS, DEVELOPERS AND CITY
STAFF
"Would like to see more ;I1filtrot;on practices being
used upstrecun in the system (e.g. creating islands or
greer'l spaces adjacent to parking areas) rather than
diverting 01/ of the rrmott to 0 regional facility."
. "Details should reflect the soil condii'lons found on
si1e,"
"Engineer approved alternate" is an important thing
to include In the details because the supplier might
know of another source or alternative i'he
contrador could use.
"Recommend placing the filter fabric a foot be/ow
the surface to avoid future disturbance to the
fabric." '
"Dry wells require pretreatmer"lt otherwise they ~ilt
up and theanly way to clean them Is to dig them up
and replace them."
"The observation well Is 0 good Ideo because you can
see if the Infiltration practice is working and you
can install it InexperJsively,"
SITE SELECTION
.
Permeable Sails - Na1'urally occurring permeable
soils should be confirmed by performing soil
borin9s In the location of the infiltration
practice(s). Sources of i"formotloni"c1ude: the
Soil Survey of Washington arid Ramsey CountIes
(1977), the Geologic Atlas (1990) and the South
.
.
WClshi"9to-" W12ter~hd Oi~,.id I"filtrotiol1
Management Map.
Depth to Seasonally High Water Table and I
Bedroek - Verify that Q ~lJff'c1ent depth from
the bottom of the Infiltration trench, tube or
rain garden to the seasonally high water table
is maintained. According ta the Minnesota
Pollution Centrol Agency Protecting Water
Quality in Urbon Areos: A Monuol 0 minimum
three-foot distance should be provided from
the bottom of the infiltration practice to the
seasonally high water table bedrock ar an
itnpeding layer.
DESIGN CONSIDERATIONS
· Proximity to Wells and Foundations - Maintain
a l00-foot distance from drinking water wells
and situate at least 10 feet down-gradient and
lOO-feet up gradient from building foundations.
II Topo~ "r hy Clnd Slope ~ Inflltrotio" trerJches
should not be constructed on sites with CI slop,e
greater than 20 percent.
· Contributing Drainage Area. the contributing
drainage area. to an infiltration trench or a
tube typically should not exceed five a.cres.
· Maintain Pre-Development Hydrology
Infiltration trer"lches, tubes and rain gardens
can pe designed to provide the vohJtne control
required to offset the Introduction of
imperviousness on (I site thus malntealnin9 pre-
development conditions.
· Pretreatment of Runoff - Provide for the
pretrea.tmer1t of stormwa.ter to prevent the
infiltration trench, tube or rain garden from
clogging prematlJrety. Vegetated buffers along
the trench perimeter, pretreatment cells or
smeal! depressions to allow for the settlin9 of
sediment upstream of the infiltra.tion practices
are common pretreatment techniques.
· Maximum Draining Time Inflli'rdion
trenches should be de.slg"ed to drain withi" 72
hours after the design event to maintain
aerobic conditions in the underlying soils,
otherwise biological clogging can become a
problem.
· Aggregate Ma1erial - Use 1-3 inch clean
wo.sned stone aggregate that is oper'l-graded
JAN.22'2002 15:26 651 770 2552
UnA,.,
and of a narrow size ronse so 1'hlJt the vcldltl
betweetl aggregates are not filled by smaller
particles thus contributin9' to lower
efficiencies or dogging of the prClctice.
EMMONS & OLIVER RESOURCES
#1704 l?006/010
.
· Filter' FClbric - Filter fobric, when nec2SSClry,
should be permeable Clnd should have a
trot1Smissivity of "0 less than 100 gallons per
minute.
· Observation Well - An observation wen (see
detail) should be installed in each inflltratfon
trench to monitor and evaluate the
performance of the practice (e.g. 4" PVC pipe
wit" t" slots, Q screw on PVC cap and aluminum
foo1' plate).
· MClintenance Access - Provide access for
future mointenance of the infiltration trench,
tube or rain garden.
.
CONSTRUCTION METHODS
· 6rCldin9 Equipment - Infiltration trenches,
tubes and rain gardens should be excavated
using light earth moving equipment to prevent
the compaction of underlying sol/s (e.g. wide-
tracked dozer, bClckhoeor other low-
compaction equipment), Construc1'ion traffic
should be routed away fram these areas.
Before site grading begins, place orange
construction safety fence around the
infiltration area to eliminate compactiol"l of the
soils similar to septic drain fields.
" Timing of Construction - The infiltration
trench. tube or rain gardel1 should not be
ccmstructed until the contributing drainage
oreo has been constructed and fully stabilized.
This may requIre re.mobilizatlon of equipment.
· Erosion Control - During construction of the
infiltration trench, tube or rain garden.
rigorous sediment and erosion controls (e.g.
diversion berms) should be used to keep
sedimel"lt and runoff completely away from the
infiltrl1tion area.
· Other Utilities - Avoid placing other utilities,
sucn as sewer and water, within or under the
infiltration practice. This avoids compactions
and the potential for cross contamina.tion.
.
TIPS FOR CONSTRUCTION PLANS AND
SPECIFICA TIONS
For clarity. provide detailed in'formation regarding
t"e design end construction of infiltration
1'renches, tubes and rain gardens on both the
construction plans and specifications. This is
importcrnt in the event t"a1' the plart set or project
gets split up and the contractor ends up
constructing t"e project with the pIons only. The
following type of language may be included in both
the plans and specificatians:
I, "Prior to grading, place orange construction
safety fence along the perimeter of the
infiltration area to prevent compaction of the
solis."
2. "If preliminary grading of the il"lfiltration area
is absolutely necessary, grade the infiltration
practice to within 3 to 6 feet of final grade to
prevent compaction or clogging of the
underlying soils."
3. "DO NOT excavate infiltration areas for
borrow material."
4, "Remove excavated soils and materials from
infiltration area(s) to prevent erosion bock
into the infiltration practIce and soil clogging."
5, "Protection of soils in Infiltration oreos refers
to no compaction and preventing siltation."
6. "Seeding/restoration/planting of infiltration
areas to be completed within 24 to 48 hours of
final gradIng."
MAINTENANCE NEEDS
The maintenance of infiltration practices is an
important foetor in ensuring the long-term
perforlT\(lnce of an infiltration prac1'ice.
Short-term maintenance requirements include
vegetatIon management, debris removal, and
sediment removal. Long-term maintenance
requirements can indude remover I and replClcement
of overlying filter (see Figure 2) or rehabilitation
of the entire proctlce if it is clogged wit"
sediment. The need to perform IClng~term
maintenance may be indIcated by conducting
routine inspection using 1'ne observation well.
JAN.22.2002 15:27 651 770 2552
UnA,..,
One of the main concerns with the maintenance of
infiltration practices is determining t"e responsible
. party or individual. Infiltration practices usually
require a legally binding operation and maintenance
agreement wnich would be included in the property
deed.
EMMONS & OLIVER RESOURCES
#1704 p.007/010
TYPICAL COSTS OF CONSTRUCTION
The following construction costs for infiltration
trenches and tubes are based upon practices that
have been construded in the South Washin9ton
Watershed District (1998-1999). These costs
include the following: mobilization, excavation,
hauling excess material off-site, construction,
observation well. and post-construction grading.
Table 1. Construction Costs for Trenches & Tubes.
Infiltration Approximate Construction
Practice Dimensions Cost
Tube 2' diameter tube
Avg. Depth 12'
Trench 9' W x 36' L
(Re.gional Setting) Avg. Depth 13'
Trench 8' W x 15' L. x
. (I...ocal Setting) 10' D
EXAMPLE DETAILS
$4,100
$8.700
$4,900
The following details were used in the construction
of the infiltration trenches and tubes located in the
SWWO. SIte analysis is required for the design of
specific infiltration practices.
Figure 3. Inftltration Tube Oesign Detail
'CIII.
""" lUlIfr. III ltf I'l\Ioi" 1/ ~t.-u'l
.:w"'^"...lIr;',D....I....~NII.
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~
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I, J\ ."1' , .,. f1I ""oIr 1...)11'
) ., .olD"" --,,,
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" : "'-......,'.,., I fl. 'f'",,,.,;:;,.:; " /'
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" .....t..'..~i..{ ;.........1'. ~(... 1~""IUU
_.-\.:~,1!:ji;i.;..i.'.!~,Si:~:~~
,)",.1 '." 'l '
""''''0''..............' ,"";j;>,}:.7:.'
; I
"I'''.'''~;~ ,0' ....
Figure 4. Infiltration Trench Design Detoil
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ADDJ. I J.ONAL RESOURCES
The following materials provide additioncL!
information regarding the design and construction
of infiltration trenches, dry wells or rain gardens.
1. Controlling Urban Runoff: A Practical Manual
for Planning and Designing UrbclrJ BMP's. T.R.
Schueler. Metropolitan Wasl-lington Council of
Governments, Deportment of Environmental
Programs. Washington, DC. 1987.
2. Low Impact Developmenf Design Strategies: An
Integrated Design Approach. Prince George's
COlJl'lty, Maryland Department of I:nvlronmental
Resources. J'onuary 2000,
3. Rain Garden Reference to be added.
CONTACT INFORMA nON
Camilla Correll
Emmons & Olivier Resources, Inc.
3825 Lake Elmo Avenue North
Lake Elmo, MN 55042
(651) 770.8448
ccorre/l@eorine.com
JAN.22'2002 15:27 651 770 2552
EMMONS & OLIVER RESOURCES
#1704 F.OOS/OID
Mabing A Difference Through Integrated
Resource Management
EMMONS
& OLIVIER
RESOURCES
__ 'I ~ .....
-~ ~- ~~ "...
.~._~7"'~- - --- . ~o:---.~
EOR Is on~ of the leading firms In Minnesota specializIng In Water
Resources Engineering, Natural Resource - Management,
Hydrogeologic ServIces and Wcrtenhed Planning and Management
INFILTRATION: AN ALTERNATIVE SrORMWATER
MANAGEMENT TECHNIQUE
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JAN.22'2002 15:27 651 770 2552 EMMONS & OLIVER RESOURCES #1704 P.009/010
_..)Mlr/m.....l:la,.JlJJ~mD1~,.I....).IL", ;';'1 L' L1rJ/DJ.'..U1....~I.~'tr"nJiJlfO
.
Design Storm
Table 4-7. Grassed Swa/e Design Considerations
Channel Capacity
Soils
Channel Shape
Bottom Width
Side Slopes
Channel Lon9iT.udlnl.ll
Slope
Flow Depth
Manning's n value
Flow Velocity
lenqth of channel
Water QUilIllty
.
Maintenance
Determined by state or local agency. Refer to gu;danl:e
provided by the Prince George's County LID Design Manual
and the Maryland Stormwater Design Manual (MDE, 1998).
i.f.lcal condition may necessitate adjustment of the
ret:ommendations in the l'Juidanc:e documents.
Sware must be sized to conv~ the peak disI:harge of the
deslr.Jn storm
The permeability (Infiltration rate) of thP. soils will determine
whether a dry or wet swale can be used. It is rF.!(ommended
that solis used for dry swales have infiltration rates of 0.27-
0.50 inches per hOtJr.
Trapezoidal or parabolic shaDe recommended
Z foot minimum, 6 foot maximum
3: 1 or flatter
1.0 % minimum, 6.0 % maximum
4,0 inches for water oualitv treatment
0.15 for water quality treatment (depth 00:: 4" ) 0.15 - 0,
for deJ)ths between 4" and 12" 0,03 minimum for depth 12"
1.0 fps for w;;lter quality treatment. 5.0 fps for 2 year storm
fDS for 10 Year storm
Lenoth ne<:essarv for 10 minute residence time
The pollutant removal effectiveness of gra,sed swales i5
summarized in Table 4-3
Routine Jandsaoe maintenance reouired.
Rain Barre's
Rain barrels are low-cost, effective, an.d easjJy main,tainable
J:'E:cention devices applicable to both residential and commer.cial!
industrial UD sites. Rai.n barrels operate bV rer:aining a predetermined
volume of rooftop runoff (i.e., chey ptovi,de permanent ~tOrage for a.
design volume) j an overflow pipe provi,des som.e detention beyond the
r:ecention capacity of the rain barrel. Figure 4..9 3n,d Fi.gure 4..10 show
Figure 4-9. Typical rain
/j,~ , .J
~=
4C
:"'!.ASTIC RIdN 1llllll'lF.L5
E
lIPO\IT
2s'evILDIHQ P /lC
1MI':
(lIT ~~
. l: Or>!; I
~ ,.,
.
NOTE'
" RAIN IWlR(I. TO ec I<F.PT AT H/lLF-FlLI.F.l)
DlJRING WlHTRA MONTHS to ~ SARFlaL
!"RO'" BREAlaNC " WATER IS F'FIoZF'..N
. 4-78
v
Low-Impact Development Integrated Management Practices
#1704 P.010/010
D...)~l."" Con.'iideratitm.s.
Rainwater from any type of roofing
ma,cerial cao, be directed r.o rain
barrels. To be aesr.heti,caUy
acceptable, rain barrels can be
jn,c.....,1",~rar:ed In.to the lot's land~
scaptng plan or patio or decking
design. Rain. bw:reIs pJa,ced at each
comer of the front 5i.de of the
house should be lan.dscaped lor
visual scteeojng. Gutters and downspollOi are used r:o convey water from
rooftops r:o rain baneJs. FUttation, screens should be used on gur.r.ers to
prevent dogging of debris. Rain barrels should also be equipped wirh, a
drain, spigot rl'l::.l,f; has garden. hose threading, suitable {oJ;' connection to a
drip inlga,rion system. An overflow outlet muST: be provided 1;0 bypass
runoff from. large ;)I.oVUU events. Rain bands must be designed with
removable, chjJd..resistm,( covers and mosquito sereernng on vnU:e1: en.r.ry
holes. TIle size of the rain bane!. is, a fun.cl:if.>n of the rooftop surface area.
r.har drains to the barre~ as well as r;b,e inches of rai.nf.:.lll to be stored. For
example, one 42~gallon L..,.".J provides 0.5 inch of runoff storage for a
rooftop aJ:ea of approximatelv 133 square feet. '
Cisterns
S~...",w...ter runoff. cisterns aJ:e roof water mana.gemenc devices tha,t
provi.de recention sr.orage volum.e in lJIld....6',vvnd stor:age t!3J;11cs. CoAot
st..orage wir;b,later: reuse of BWLLLLwater also provides an "'l:'I:''''LL..m1r:y for.
wacer CQI1..<;ervation and the 1;"w.J.bi.l.ity of r.edud1"lg war.er utility costs.
Design Consuleratitm8. Cisterns are applicable 1;0
resi.dentl.a~ cor:nmercf.a1, and induslJ':ial"UD sites. Due 00
the size of rooftops and the amount of impervf,ousness of
the drainage area, increased r.unoff' volume and peak
discharge rates for c:ornm,ercial or in,dJJstrial sites Olay
require larger~ap<l,ci,ty cister:ns. Individual cistem.s can be
I,oeated beneath each downspout, or storage volume can
be provided in one large, comm,on ciJstem..
Premanufa,ctllred resi.d,ential use cisr.erns come in $;zes
ranging hom roo t.o 1.,400 gallons (Figure 4.11). Cistenu
should be J,oca.ced. f()! ea.sy maintenance or replacem,enc.
.
iJ typical rain. ba.rrel. Ra,in
ba,rrels also can be used to store
runoff for la~r reuse in Ia-wnand
garden wa terlng
.
.
Fi.gu.re 4-10. Ro.in barrel
application 1.0 LID
Figure 4-11. Ci.stem.. 11TV1ge
cou.rtlzsy of Pow PlastU:8,
Ltd.., Devon., Engla.nd
"
'"
;:;
.,' ~ (
, ,
, "
, ,'." I f'l
Low-Impact. Development Integrated Management Practices
,
4-19 ' ,
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Date: Tue, 22 Jan 2002 14:37:11 -0600
From: "Karen Kaul" <kkaul@barr.com>
To: <allison@isd.net>
Cc: "Fred Rozumalski" <frozumalski@barr.com>
Subject: Barr Engineering Q&E
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Status: RO
Fred Rozumalski asked me to send you the attached Q&E. I have provided it
in a PDF 'format. Please let me know if you have any problems with the
file.
Karen Kaul
Senior C......"..u.nications Specialist
Barr Engineering Company
kkaul@barr.com
952-832-2931
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Clients
Northland College
Upper Swede Hollow
Neighborhood Association
Services
Hydrologic analysis
Site design and engineering
Planting plans
Community education programs
Implementation supervision
.
Deep-rooted plants facilitate infiltration.
.
BARR
Rainwater Gardens
A leader in ecologically sound stormwater management techniques,
Barr has developed a unique expertise in rainwater gardens and other
stormwater treatment practices. In designs like those pictured here,
stormwater becomes a resource to be enjoyed rather than a nuisance to
dispose of.
Constructed rainwater
gardens are strategically
placed to catch runoff from
roads, parking lots, driveways,
and roofs. Deep rooted plants
are used to facilitate
infiltration, absorb materials,
and create bird and butterfly First year after planting
habitat.
Rainwater gardens can be
used on small sites or as the
main technique in a larger
system, allowing a
neighborhood, say, to forego
expensive curb and gutter. The
gardens are excellent for use in
highly visible areas, where A neat edge and pedestrian access
they not only manage runoff
effectively, but add visual amenity.
With a team of expert hydrologists, engineers, and landscape
ecologists, Barr is ideally suited to design rainwater gardens that are both
functional and beautiful.
This rainwater garden serves as a neighborhood amenity.
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.
Client
City of Marshall, Minnesota
Funder
The Legislative Commission on
Minnesota Resources
Services
Site analysis
Guided public focus groups
Master planning
.
.~~q..-
Each lot is a sanctuary for birds and
butterflies and allows for stormwater
cleaning and infiltration,
.
BARR
Ecological Neighborhood
The city of Marshall has struggled with
repeated flooding from the Redwood
River. Funded by a research grant from the
Legislative Commission on Minnesota
Resources, Fred RozumaIski, with
Professor Joan Nassauer of the University Rainwater garden
of Minnesota Department of Landscape
Architecture, designed a residential neighborhood that would help
ameliorate downstream flooding. Their approach was to take cues from
the regional landscape-oncedotted with prairie pothole wetlands. In lieu
of underground storm sewers, Rozumalski and Nassauer designed an
above-ground drainage system and stormwater wetlands, to be built
wherever possible on wetland soils. The design not only manages
stormwater, but recreates lost wildlife habitat and provides residents with
beautiful natural amenities.
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.
.
"Lakescaping for Wildlife and Water
Quality" encourages property owners to
plant a natural buffer zone between the
lake and the lawn to reduce lake shore
erosion and increase wildlife habitat.
stage 1
'Lakescaping Book
Fred Rozumalski, of Barr Engineering, recently co-authored a book
titled ''Lakescaping for Wildlife and Water Quality," which promotes
establishing native vegetation along lakeshores
and reducing lawn size in order to protect water
quality and create wildlife habitat, This DNR-
sponsored book details the problems often faced
by lake-property owners and offers an
explanation of the lake ecosystem; how to solve
lakeshore problems by creating a buffer zone; and
detailed instructions on designing and planting
lakeshore landscapes,
Using his expertise in horticulture, landscape
architecture, and ecology, Fred wrote the chapters
on design, installation, maintenance, and exotic
species control, and compiled the extensive plant
lists,
Native plants, such as this
f1reweed, are identified in
the book as substitutes
for invasive, non-native
plants.
This, attractive and informative book can be purchased at Minnesota's
Bookstore, 117 University Avenue, St. Paul, MN, or ordered by calling
1-800-657-3757 or 651-297-3000.
stage 2
stage 3
Typlcallakeshore sites transformed by lakescaplng. This 3-stage design shows how a typicallakeshore property can be transformed
from an open lawn to a site with an abundance of native vegetation that provides habitat in the form of a buffer zone between the lake and
the lawn. The book offers several design options for a variety of lakeshore settings,
BARR
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.
.
.
Bibliographies
Barr Engineering Company. 2001. Minnesota Urban Small Sites BMP Manual;
Stormwater best management practices for cold climates. MeL.upolitan Council
Environmental Services. Available from the Metropolitan Council at 651-602-1000 or
www.metrocouncil.org.
Claytor, Richard A. and Thomas R. Schueler. 1996. Design of Stormwater Filtering
Systems. Chesapeake Research Consortium. Available from The Center for
Watershed Protection at 410-461-8323 or www.cWt>.org.
Henderson, Carrol. 1999. Lakescaping for Wildlife and Water Quality. Minnesota
Department of Natural Resources. Available from the St. Paul Minnesota's Bookstore.
Minnesota Pollution Control Agency. 2000. Protecting Water Quality in Urban
Areas; Best management practices for dealing with storm water runoff from
urban, suburban and developing areas in Minnesota. Minnesota Pollution Control
Agency. Available from the MPCA, contact Mary Osborn at 651-296-7523 or
www.1;>ca.state.mn.us/water/oubs/sw-bmomanual.odf
Allison,
The bibliography above is a few references that I had put together for another project. All
of them have great information on how to develop and use alternative methods to
improve stormwater quality and decrease the quantity and flow rate. I hope that a list of
ref".LCiuces will help you. Below is a diagram that I use in describing what actually
happens with development and urbanization. We promote the use of these alternatives to
mimic natural conditions and ecological development as much as possible. So, the use of
rain barrels to trap water and rainwater gardens to infiltrate water and to evapo-transpire
back to the atmosphere are ways to remediate for the excess stormwater. The final
thought on an argument is that new construction always creates more nmoffproblems
then can be mitigated for.
I hope this helps. If you need to call me, I will be here for another halfhour or so (4:45
pm). Otherwise my home phone number is 952-854-2990 and will be home by 5:45 pm.
Rusty Schmidt
Landscape Ecologist
URS / BRN, Inc
700 Third Street South
Minneapolis, MN 55415
612-373-6828
FAX: 612-370-1378
rusty_schmidt@urscorp.com