04-18-1994 Planning Packet - Laserfiche WebLink

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O0\ I* r* March 29, 1994 CITY of ORONO street Address: 2750 Kelley Parkway Orono. MN 55356 Municipal OfTres Mailing Address; P.O. Box 66 Crystal Bay, MN 55323 0066 Ceil Strauss Minnesota Department of Natural Resources Metro Waters 1200 Warner Road Si. Paul, MN 55106 RE; Bluff Definition Dear Ms. Strauss; We have reviewed your alternative version (or "common sense" version) of the toe and tor. of bluff definitions which you forwarded in your Februaiy ’ 18, 1994 letter. While the "common sense " definitions may have their place, we doubt they are defensible in court if a resident was to disagree with the inspector ’s determination. Further, because the "top of blufr is a critical element in determining a line from which to measure a setback, that line must be so defined such that anyone armed with a topographic survey will consistently define the same line as anyone else with the same information. The technical definition for "top of bluff" solves tliese problems, but creates another. While the intent of the code suggested by your common sense definition places "top of the bluff" at the obvious break in slope where a steep drop-off occurs the technical definition for that same situation defines "top of bluff" at a point nearly 50’ back from the obvious break. Adding the required 30’ setback, a structure could be as much as 75-80’ back from the obvious top, clearly not the DNR’s intent (wish, perhaps, but not intent!). The definitions of "toe" and "top" do not necessarily have to use compiementary definitions, since they are defined for two different purposes. "Toe of the biufF is used merely to determine whether a bluff exists. "Top of the bluff" is used solely to determine the point from which setbacks are measured. Clearly, tlie definition of "top of bluff has a greater concern to the homeowner. Addiuonally, the impacts we are concerned about are generally within or just above the bluff, not so much at the base (where the results of protection or non-protection of the bluff eventually manifest themselves'i. lelepl me (612) 473-7357 • FA.\ 473-0510