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ROSEVILLE PLANNING COMMISSION Page 13 Wednesday, July 11, 1990 Keel pointed out that the 888.6 mark on the map was the 100 year flood level not the ordinary high water mark. Hugh Maynard representing Rosewood Estates stated that the architect used a line measured in October of 1988, which was approved in the fall of 1988 by the city. The building was put where they said it would be. The discrepancy came from where the ordinary high water mark or edge of the swamp grass was. Maynard stated that the encroachment was 3.6 feet and tapers to zero feet at 18.7 feet away. Jopke stated that the inspectors step out the distance and that the City does not survey the setbacks nor are they registered land surveyors. Minor encroachments are difficult to discover. The property owner discovered the encroachment and came to the city to rectify it. stokes commented on whether the line originally different than the line used later on when the building built. Maynard stated that different people will use lines over time. The only problem is in that corner. added that most likely the architect used one line surveyor used another line. used was was being different Maynard and the stokes stated that maybe the Commission should find out what exactly happened to cause the encroachment before it considers granting a variance. DeBenedet stated that he was confused about the lines used. He questioned whether the lights and signs had been corrected. Jopke and Keel stated that they didn't know. Johnson stated that this was not the question before them. DeBenedet questioned whether the right-of-way had been dedicated. Maynard stated that it had. DeBenedet questioned whether the DNR had established a ordinary highwater mark. Keel stated that the definition that mattered is the change in vegetation as stated in the ordinance not the DNR definition. DeBenedet questioned whether any staff accompanied the surveyor. Keel stated no. DeBenedet questioned whether this was typical. Keel answered that they would not typically accompany the surveyor. DeBenedet commented that it is the property owners responsibility to live within the codes but that the public has the right to know that the city is enforcing the codes; maybe someone should walk it off to make sure it is only 3.6 feet.