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r _� October 13, 2006 To: The City of Roseville Attn: Chris Miller, InterimCity Manager 2660 Civic Center Dr Roseville. MN 55113 Dear Mr Miller - The intent of this letter is to file an appeal to a Variance Board decision rendered October 4, 2006. A variance was requested by Thomas and Julie McDaniel to City Code section 1016 to encroach approximately 15 feet into a required 50 foot wetland setback. The points supporting a variance being granted are strong. These points are outlined below: Original Situation We purchased the lot at 527 Owasso Hills Dr in ] 996. At this time the outlot area behind our home consisted of two distinct ponds and a"wetland" area. The wetland area was partially on our property. We were properly informed that the wetland existed on our property and of the 50 foot setback requirement. Original Wetland Boundary There were two drawings presented to us during the lot selection/home build process which documented the borders of our property and the wetland location on our property. One was the Development Dwg for the entire Owasso Hills area, the other was the formal Certificate of Survey for our specific lot. These two drawings (attached) are consistent in terms of delineating the original wetland boundary in the northwest corner of our property. By these two drawings, the closest wetland boundary would be at least 75 feet from the proposed 15 foot expansion of our home. Roseville City Staff has generated another drawing showing the wetland boundary (Attachment D in the Variance Board document). This version is very inconsistent with the other two documents mentioned and shows a much larger wetland. The timing and method of this drawing being generated is unclear to me, however, it did not surface during lot selection, permitting process, build process or final approval. It also did not surface in 2000 during extensive dialogue and sharing of drawings with City Staff when discussing the storm water expansion issue (see next paragraph). The Transformation We moved into our home in May, 1997. In 1997 — 2000, significant change occurred in the overall outlot area behind our home. With the area being utilized for storm water retention, the storm water entering the area continually exceeded the capacity of the two ponds and flooded the original "wetlands" area. This flooding significantly expanded the area that was under water and killed off all of the original "wetland" vegetation in addition to vegetation and trees beyond the wetland. On our lot alone, over 20 trees were killed due to the expanded storm water flood area, including several large, mature trees. The stortn water flooding and resulting impacts are documented in a September, 2000 letter to Steve Sarkozy, Roseville City Manager at the time.