07-08-2002 Council Packet - Laserfiche WebLink

Home Browse Search

FREDRIKSON & BYRON, R A. Attorneys and Advisors Minncjpuh^ London Waihin^on, DC AtTiliMfs Mexico Cin*« Wifiaw Montreal Toronto V'ancouver 1 lOO International Centre 900 Second Avenue South Minneapolis, MN 55402-3397 (612) 347-7000 F.*\X (612) 347-7077 UAVA. frcdlaw.com Direct Dial No. (612)347-7146 gmunson(a fredlaw com July 3.2002 Barbara Peterson, Mayor City Council Members Attn: Paul Weinberger. Zoning Administrator 2750 Kelley Parkway P.O. Box 66 Orono.MN 55323-0066 Dear Mayor and Council Members: I represent Revis Stephenson, III with respect to his application for an amended conditional use permit relating to fill placed on his property, and with respect to his variance request to address fill which arguably encroaches in the wetland buffer area. Initially, the City of Orono granted Revis a conditional use permit to conduct a fill project in his backyard to eliminate steep and dangerous slopes, both for safety issues, and to avoid excess erosion and runoff. Upon completion of the project conducted pursuant to the CUP, it became apparent that some of the fill encroached on the previously delineated wetland buffer, and beyond his property line, and that th'' final slope was very slightly off the 3 to 1 ratio required. Therefore, this request for an amendment to the CUP and for a variance is before you. ANALYSIS OF RELEVANT FACTS Afier obtaining the required CUP for the proposed fill project, Revis undertook and completed the project. Upon City inspection, discrepancies were noted between the completed project and the approved project. 1. Wetland Buffer: Under the approved project, no fill was to be placed within 26 feet of the adjacent wetland, as required by City Code. VV'hile some fill was unintentionally placed within the buffer area associated with the previously delineated wetland, it has now been determined that no encroachment exists. The initial wetland delineation was performed during the winter, a time which environmental scientists concur is inappropriate for such a delineation due to the frozen conditions. Revis recently retained Peterson Environmental Services to confirm the previous delineation of the wetland. The recent delineation is not totally complete, but initial work suggests that the wetland, and the related buffer area, lie substantially further towards the wetland, and aw'ay from the fill area than indicated in the first delineation. That result suggested J