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(0 <br /> r::_ � CITY of ORONO <br /> Municipal Offices <br /> \v' 0 Street Address: Mailing Address: <br /> �E3H� 2750 Kelley Parkway P.O. Box 66 <br /> Orono, MN 55356 Crystal Bay, MN 55323-0066 <br /> March 29, 1994 <br /> Ceil Strauss <br /> Minnesota Department of Natural Resources <br /> Metro Waters <br /> 1200 Warner Road <br /> St. Paul, MN 55106 <br /> RE: Bluff Definition <br /> Dear Ms. Strauss: <br /> We have reviewed your alternative version (or "common sense" version) of the toe and top of <br /> bluff definitions which you forwarded in your February 18, 1994 letter. While the "common <br /> sense" definitions may have their place, we doubt they are defensible in court if a resident was <br /> to disagree with the inspector's determination. <br /> Further, because the "top of bluff" is a critical element in determining a line from which to <br /> measure a setback, that line must be so defined such that anyone armed with a topographic <br /> survey will consistently define the same line as anyone else with the same information. <br /> The technical definition for "top of bluff" solves these problems, but creates another. While the <br /> intent of the code suggested by your common sense definition places "top of the bluff" at the <br /> obvious break in slope where a steep drop-off occurs, the technical definition for that same <br /> situation defines "top of bluff" at a point nearly 50' back from the obvious break. Adding the <br /> required 30' setback, a structure could be as much as 75-80' back from the obvious top, clearly <br /> not the DNR's intent (wish, perhaps, but not intent!). <br /> The definitions of "toe" and "top" do not necessarily have to use complementary definitions, <br /> since they are defined for two different purposes. "Toe of the bluff" is used merely to <br /> determine whether a bluff exists. "Top of the bluff" is used solely to determine the point from <br /> which setbacks are measured. Clearly, the definition of "top of bluff" has a greater concern to <br /> the homeowner. Additionally, the impacts we are concerned about are generally within or just <br /> above the bluff, not so much at the base (where the results of protection or non-protection of the <br /> bluff eventually manifest themselves). <br /> Telephone (612) 473-7357 • FAX 473-0510 <br />