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<br />. ./ <br /> - . <br />-i8M March 16, 1995 <br />. rOmLTIXG E.\GI\EEBS <br /> File: 520-000.00 <br />I 1326 Energy PorI: Drive <br /> St. PoIJI. MN 55108 Mr. Brian Fritsinger <br />I 612,6A4.J389 City of Arden Hills <br /> 1,800.888.2923 1450 West Highway 96 <br /> Fax: 612.64HdJ6 Arden Hills, MN 55112 <br />. RE: BETHEL COLLEGE <br /> SWM APPEAL <br />. Dear Mr. Fritsinger: <br />. This letter is submitted as requested by the City of Arden Hills with regard to the <br /> referenced issue. After our meeting with City Staff, Mr. Craig Hjelle of Bethel College, <br />I and Mr. James Unruh, we have come to some understanding of the basis of Bethel's <br /> request for appeal of its storm water management fee. <br /> OVll ENGINEERING: <br /> _'IRONMENTAl As you are aware, the property owner's initial appeal was based upon sevefal issues, <br />I UNIQPAL ranging from the area being assessed to the amount of runoff contributed to the watershed <br /> ?l.ANNING from the property. It was determined by the Council at the November 28, 1994, Council <br /> saUD WASTE meeting that Bethel College should not be assessed a fee for the area within the limits of <br />. <br /> SiRUC'JRAl Lake Valentine. It was also determined that the walkways within the propeny were not <br /> SURvEYING public right-of-way and, therefore, should be assessed for drainage contribution. <br />. iRAfFIC <br /> ~NsroRTAnON The final issue that was discussed by Mr. Hjelle and his consultant engineer was the actual <br /> i:LEm.lCAV'MEGIANICAl intent of the ordinance with respect to development. As you are also aware, the propeny <br />. ~l>.jGlNESING: currently exists under a Special Use Pennit which states that the property may not be <br /> .-IVAC developed beyond 25 % of its overall area. This percentage development would include the <br /> ~WER OIm.le,vnON area of all building footprints, driveways, parking areas, sport and athletic fields, etc. The <br />. i[).DA typical B-1 zoned property would be allowed to develop up to 35 % of its propeny with <br /> SYSTEM. CONTROLS structures and up to 75 % total development, as outlined above. This yields a difference <br />I between Bethel's SUP and the typical B-1 property of 50 % . Previous correspondence to <br /> this issue stated that Bethel's SUP could be amended at any time in the future to allow <br /> additional development up to that 75% limit, as stated in the City's Zoning Ordinance <br />I manual. <br /> Bethel's contention with this issue is the actual policy statement of the ordinance. <br />. A=rding to Bethel representatives, the inferred intent of that statement is that properties <br /> are assessed storm water utility fees based "on an amount proportional to the runoff <br /> .FFICE5iN; contributed by each particular parcel", not the zoning of the property. They support this <br />I MINNEAPOUS argument with Ordinance Statement C.1, which states that "Land use for determining <br /> PRIOR lAKE surlace water management fees shall be the existing land use at the date of enactment of the <br />I 5i. 'AUl <br /> W AlEc)' <br />