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DESIGN REVIEW BOARD MEETING <br />September 12, 1990 <br />city or a Homeowner's Association, the individual property <br />owner does not have that freedom. <br />This paragraph of the city code should also be rewritten in <br />order to make it more clear that the ponding area is not to <br />be considered as part of the buildable area of the lot. <br />Mr. Boxrud suggested that the definition which paragraph (4) <br />refers back to should also be changed. The only definition <br />in the subdivision code relating to water courses is called <br />"Natural Water Way" and is listed as item (12) in the list of <br />definitions. <br />Mr. Boxrud recommends the definition for a natural water way <br />be changed to read as follows: <br />(12) Watercourses - As mentioned in this chapter shall <br />mean any natural or man -made passageway on the <br />surface of the earth so situated and having such a <br />topographical nature that includes ponding areas, <br />drainage channels, swales, waterways, creeks, <br />rivers, lakes, streams, wetland areas, and other <br />open surface water flow which is the result of <br />storm water or ground water discharge. This term <br />does not include man -made piping systems commonly <br />referred to as storm sewers. <br />Boxrud also recommends that paragraph (4) of Subdivision 6 be <br />revised to read as follows: <br />(4) Watercourses - Watercourses shall be protected by <br />easement to the anticipated high water level as <br />determined by the city. Lots shall be of <br />sufficient dimensions and area to equal or exceed <br />the minimum specified in the zoning chapter for <br />the district in which these lots are located, as <br />measured above the normal water level in the <br />watercourse as determined by the city. <br />Paragraph (4) as rewritten would require that the buildable <br />area on a lot abutting a watercourse be equal to the minimum <br />requirements of the zoning district, so that the lot would be <br />comparable to a lot not abutting upon a water course. One <br />minor exception would be that during a significant rainfall <br />event, the water would creep into the lot a minor amount <br />decreasing the available lot size during the storm. For <br />example, a ponding area with a "bounce" of two feet during a <br />storm may creep into the property 6 to 20 feet depending on <br />how the lot is graded. A 3:1 slope, the steepest slope <br />recommended, would result in only a 6 foot encroachment. A <br />10:1 slope at the side of the pond would result in a 20 foot <br />encroachment. Likewise, the easement limit would be 12 to 20 <br />feet toward the house from the normal water level. <br />Page 9 <br />1 <br />