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Variance Board Meeting <br />Minutes – Wednesday, May 1, 2013 <br />Page 2 <br />Discussion included timeline for completion of the survey when the building permit application is <br />46 <br />filed to locate the ordinary high water level (OHWL) for the property as defined by Lake <br />47 <br />Josephine’s OHWL at 884.4’ above sea level versus observed line between the water and shore <br />48 <br />due to dramatic changes in any given year based on lake fluctuation. <br />49 <br />Chair Boguszewski spoke in support of the survey as a requirement if the application is approved. <br />50 <br />Mr. Lloyd clarified that the purpose of the survey was to provide best information available <br />51 <br />through location of the OHWL to quantify existing setbacks in addressing aesthetics and location <br />52 <br />of existing homes and their respective setbacks as well, in addition to environmental protection <br />53 <br />purposes. <br />54 <br />At the request of Chair Boguszewski, Mr. Lloyd advised that the 75’ minimum standard was <br />55 <br />provided statewide to municipalities by the State of MN as standard language for all shoreland <br />56 <br />areas. <br />57 <br />At the request of Member Daire related to flooding and water levels, Mr. Lloyd advised that city <br />58 <br />code had minimum floor level regulations related to the depth of basements next to water bodies <br />59 <br />to address those very issues. <br />60 <br />Member Daire asked if there was a water level control facility on Lake Josephine. <br />61 <br />Applicant, Stuart Shwiff <br />62 <br />In response to Member Daire, Mr. Shwiff advised that Lake Josephine drained into a creek and <br />63 <br />subsequently into Lake Johanna, with a control level on the northwest corner. <br />64 <br />Given the presence of property before that structure, Member Daire questioned if there was any <br />65 <br />concern with mitigation for potential property flooding. <br />66 <br />Mr. Shwiff responded that the lake level was well controlled; and clarified that his property was <br />67 <br />approximately 20-22’ above lake level on a small bluff or slope; therefore their basement was <br />68 <br />many feet above water level. <br />69 <br />Member Murphy questioned who controlled the water control device; with Mr. Shwiff responding <br />70 <br />that the Department of Natural Resources (DNR) or Rice Creek Water Shed District (RCWD) <br />71 <br />monitored the device. <br />72 <br />City Planner Paschke concurred that the DNR controlled the device. <br />73 <br />Public Comment <br />74 <br />Chair Boguszewski closed the Public Hearing at 5:56 p.m.; no one spoke for or against. <br />75 <br />MOTION <br />76 <br />Member Murphy moved, seconded by Member Daire, to adopt Variance Board Resolution <br />77 <br />No. 97 (Attachment D) entitled, A Resolution APPROVING a VARIANCE to Roseville City <br />78 <br />Code, Section 1017.16 (Shoreland Setbacks) (PF13-006);” as detailed and based on the <br />79 <br />comments and findings outlined in Sections 4-6 of the staff report dated May 1, 2013. <br />80 <br />Ayes: 3 <br />81 <br />Nays: 0 <br />82 <br />Motion carried. <br />83 <br />Chair Boguszewski reviewed the ten-day appeal period and process, as detailed in the staff <br />84 <br />report. <br />85 <br />5. Adjournment <br />86 <br />Chair Boguszewski adjourned the meeting at approximately 5:59 p.m. <br />87 <br />