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adequate buffer between structures and public waters,to limit property damage from water level
<br /> fluctuations, and to limit the visibility of structures as viewed from the surface of public waters. Hugo Code of
<br /> Ordinances, Sec. 90-1 defines structures as "any building or appurtenance, including decks, porches, sheds,
<br /> foundations, or similar."Just month ago, on August 1, 2022,the City of Hugo adopted an ordinance amending
<br /> Sec. 90-137(2) with a requirement for a minimum 75 feet structure setback from the ordinary high water level
<br /> (OHWL) of Recreational Development Lakes such as Egg Lake. However, Sheet C2.0, Overall Site Plan in the Civil
<br /> Plans show SE Building#1 as close as 6 feet to the OHWL, NE Building#1 as close as 18 feet to the OHWL, and NE
<br /> Building#2 as close as 13 feet to the OHWL. Moreover,the plans show decking (defined as a structure per Sec.
<br /> 90-1) covering more than 10,000 square feet and extending along 500 feet of Egg Lake shoreline as close as 0
<br /> feet from the OHWL. If this application is approved,the City of Hugo would completely disregard this standard
<br /> just 1 month after adoption.
<br /> The application requests flexibility from these environmental standards under Hugo Code of Ordinances, Sec. 90-141,
<br /> Planned unit developments (PUD). DNR notes that Sec. 90-141(a)(5), Purpose and intent, requires the applicant to
<br /> demonstrate that their development plan results in "preservation and enhancement of natural features and open
<br /> spaces, including but not limited to the width expansion of greenway corridors, conservation of wooded areas,
<br /> development of buffer areas, reduction of impervious surface, and utilization of joint facilities and utilities."This
<br /> application, however, does not include an adequate natural buffer to Egg Lake and would increase the extent of
<br /> impervious surface from pre-development conditions.
<br /> Further, DNR notes that Sec. 90-141(j)(3), Coordination with other zoning regulations, item c, requires PUDs to be
<br /> "coordinated with and in compliance with provisions of the natural environment-based regulations identified in this
<br /> Code." Our review, however, indicates this application is not compliant with the city's natural environment-based
<br /> regulations.
<br /> The applicant cited the City of Hugo Downtown Plan & Design Guidelines in their PUD flexibility request. DNR notes that
<br /> the Downtown Plan includes the following framework principle: "reduce the impact of development close to Egg Lake
<br /> to improve lake quality and preserve wildlife habitat." We also note that the Open Space and Storm Water
<br /> Management Design Standards in the Downtown Plan provide an excellent illustration of a stormwater management
<br /> approach to the shoreline of Egg Lake that would provide a natural vegetative buffer to filter pollutants and provide
<br /> wildlife habitat.This application, however, is not consistent with this framework principle and design standard. Under
<br /> this proposal,the shoreline of Egg Lake would be developed with parking areas and structures as close as 0 feet from the
<br /> OHWL of Egg Lake.
<br /> Public Waters Work Permitting Requirements
<br /> Sheet C2.0, Overall Site Plan in the Civil Plans shows three docks with platforms extending beyond the ordinary high
<br /> water level (OHWL) boundary of Egg Lake that do not meet the no permit required criteria in Minn. R. 6115.0210, subp.
<br /> 4(A) and DNR's General Permit 2008-0401 for dock platforms. First, General Permit 2008-0401 allows riparian
<br /> landowners to install a single dock platform up to 170 square feet in size.The plans, however, show three dock
<br /> platforms for this single development. Second, General Permit 2008-0401 requires that a dock leading to a platform
<br /> must be 5 feet or less in width.The plans, however, show docks 8 feet in width.As shown in this application,these over-
<br /> sized docks require application for an individual DNR Public Waters Work Permit. Under DNR's Public Waters Work Rules
<br /> (Minn. R. 6115.0150—6115.0280), please note the applicant must show that the project represents the minimal impact
<br /> solution to a specific need with respect to all reasonable alternatives.An 8-feet wide dock in a T-configuration, as used
<br /> at many DNR public accesses,would be a reasonable, lower impact alternative for providing the desired access to Egg
<br /> Lake. Since the proposed design is not a minimal impact solution, a DNR Public Waters Work Permit cannot be issued for
<br /> these docks as proposed.
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