2005-12-20 Memo for Request for Certificate of Occupancy at 5209 Kalenda Court MEMORANDUM
TO: JON SUTHERLAND, BUILDING 1NSPECTOR; LARRY KRUSE,
CITY ADMINISTRATOR; CITY COUNCIL MEMBERS
FROM: MIKE COURI, CITY ATTORNEY
SUBJECT: REQUEST FOR CERTIFICATE OF OCCUPANCY AT 5209
KALENDA COURT
DATE: DECEMBER 20, 2005
The Prairie Run plat was originally approved by tlie City Council on June
7, 2004. Under Minn. Stat. 462.358, Subd. 3c, changes to the City's official
controls, including changes to the zoning ordinance, are not applicable to
properties which have been final platted until two years after the receipt of final
plat approval.
At the time of the approval of Prairie Run, the City had two ordinances
which addressed the minimum floor elevation which a house must be constructed
to. The first, contained in Zoning Ordinance section 1000.9, Subd. (d) stated:
High Water Elevation. No structure, except docks and retaining walls shall
be placed at an elevation such that the lowest floor, including basement
floor, is less than two (2) feet above the highest known surface water level
or ordinary high water level, or less than one (1} foot above the 100-year
flood level, if determined, of any lake, pond, stream, watercourse or
wetland. If sufficient data on known high water levels is not available, the
elevation of the line of permanent aquaric vegetation shall be used as the
estimated high water elevation. When fill is required to meet this elevation,
the fill shall be allowed to stabilize and construction shall not begin until
the propei-ty has been inspected by tl�e Building Inspector.
This p�-ovision has sirice been amended, but the original text as set out above still
applies to the plat until June 7, 2006, when the amended o1-dinance will then apply.
The second provision is contained in Section 5000.4, Subd. (a) which
applies only to lots containing wetlands and lots which have land within the
wetland buffer or setback areas. This subdivision stated:
1
The lowest ��-ound floor elevation shall be three feet above the 100-year
flood elevation or four feet above the ordinary high water mark of public
waters regulated by Arricle 4900 (Shoreland Overlay District) of this
Chapter, whichever is greater.
This provision has also been changed, but the original text as set out above still
applies to the plat until June 7, 2006, when the amended ordinance will then apply.
There are no waters regulated by Article 4900 which relate to this plat, leaving
only the 100-year flood elevation as the critical elevation from which lowest
ground floor elevations would be measured.
Randy Hedlund, the engineer for the Developer of the Prairie Run/Gold
Key portion of the Prairie Run plat concluded that there was no 100-year flood
level available and calculated the high water elevation for this plat at 948.5 feet
based on the location of permanent aquatic vegetation. It appears that Mr.
Hedlund made this determinarion for the purposes of Section 1000.9, Subd.(d).
The engineer made no attempt to calculate the 100-year flood level.
Further, in a recent meeting with the Developer's engineer, he stated that he
calculated the high water elevation based on water coming from the east end of the
plat, and performed no calculations to show what the 100-year flood level (or high
water level) would be from a flooding situation originating from County Ditch No.
9 which abuts the plat on the west. Apparently, SEH, the City's engineer
reviewing the Prairie Run plat, assumed that Mr. Hedlund's 948.5 figure took into
account the potential flooding situation from County Ditch No. 9 when SEH
reviewed the plat prior to approval.
SEH has recently realized that the an engineer for a culvert supplier with
whom Wright County contracted to install a new culvert under CSAH 18 in 2000
has calculated a 100-year flood level of sorts in order to help deternune how large
of a culvert should be installed under CSAH 18. While this study was not a
comprehensive study, it represents the only information available as to potential
flood levels in County Ditch 9, it was relied on by the County to size their culvert,
it was signed by a registered engineer and its method of calculation appears to be i
sound given its limited scope. This study set the 100-year flood elevarion at 951.5
feet. Until a more comprehensive study can be done, City Staff has determined ,
the 951.5 number represents the most accurate estimate of the 100-year flood level ',
for the Gold Key portion of the Prairie Run plat. In addition, since the
construction of the cul-de-sac on the west end of the plat, City personnel have
already observed water at approximately the 949.5 level (one foot above I
Hedlund's high water mark) during a recent rain event which caused County Ditch '
9 to overflow its banks, and back up to the extent that it deposited fish in the cul- ��
de-sac. '�
2
�
The City is undertaking a more comprehensive study to more accurately
determine the 100-year flood level for the Prairie run plat. This study is expected
to be available in early February. Until this study is completed, it is my advice
that the City should continue using the 951.5 foot elevation as the 100-year flood
level as it remains the best information available on this topic.
Given the current 100-year flood level of 951.5, houses located on
residential lots in the Prairie Run plat which do not contain or abut wetlands and
do not have wetland buffer or setback restrictions on them would have to have
lowest floor elevations of at least one foot above the 951.5 foot mark. Lats wllich
contain or abut wetlands ar which have wetland buffer or setback restrictions
would have to have lowest floor elevarions of at least three feet above the 951.5
foot mark.
Many of the lots in the Prairie Run plat do not meet these requirements. As
to any lot which does not currently meet these requirements, we should not issue a
building permit. For lots upon which a building permit has already been issued, it
is my recommendation that no certificate of occupancy be issued if the lowest
floor elevation does not meet the ordinance requirements set out above based upon
a 100-year flood elevation of 95 LS feet.
It is my understanding that the lot addressed as 5209 Kalenda Court N.E.
abuts a wetland and therefore must have a minimum floor elevation of 954.5 feet.
Its current floor elevation of 952.6 does not comply with City ordinance and
therefore no occupancy permit should be issued for this property unril it is
determined to be in compliance.
I anticipate that once the new flood study is complete the City engineer will
either confirm that the 951.5 elevation is the correct elevation or the City engineer
will determine that a different number more accurately reflects the 100-year flood
elevarion. Depending upon where that number is set, additional building permits
and occupancy permits may be able to be issued.
I would also suggest that the City contact all builders who have pulled
building permits for buildings for which it appears that the buildings will not meet
the lowest floor elevation requirements and inform these builders that no
occupancy permits will be issued for such buildings unless they comply with City
ordinance.
3