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Thomas McDaniel <br />Roseville City Council Meeting <br />Page 2 <br />Legally Binding <br />For property boundaries and any setback requirements, the Certificate of Survey is the <br />legally binding document. If the intention was to create and delineate a new wetland as <br />indicated on the Schoell Madson drawing, then the boundary should have been indicated on <br />the Certificate of Survey. This did not occur. I am not in a position to comment on why this <br />did not occur, but the ramifications are significant. <br />Impact <br />Had the "wetland" indicated on the Schoell Madson drawing been on the Certificate of <br />Survey and a known limitation, the McDaniel's would have unequivocally not selected the <br />lot at 527 Owasso Hills. <br />Working with the builder, the home at 527 Owasso Hills was designed prior to making the <br />flnal purchase commitment for the property. This process was used to ensure the home <br />specifications matched up with the property limitations. During the design phase, the <br />builder and the McDaniel's were very awaze of all boundaries and setbacks. Several design <br />modifications were incorporated to accommodate setbacks. As a result, the home is right at <br />the setback limitations in the front (i.e. street) and both sides. There is absolutely no chance <br />the McDaniel's would have selected this property if there was any indication that the back <br />dimension was m�imized as well. <br />It is felt that imposing a new, significantly limiting setback at this point is not reasonable <br />and is certainly beyond the control of the property owner. <br />Not a Wetland Historically <br />Wetlands aze under two jurisdictions in Minnesota: State and/or Federal. There are no <br />wetlands on the McDaniel property listed at the State level (Dep't of Natural Resources <br />Protected Water Inventory of Ramsey County) or Federal level (National Wetlands <br />Inventory). Several other wetland areas within Owasso Hills aze listed - a National <br />Wetlands Inventory for the area is attached. Historically (i.e. 1940's and 1950's), the area <br />was actually cultivated farmland (see attached photos). <br />