HomeMy WebLinkAboutRe: septic placement 0
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CITY of ORONO
Post Office Box 66•Crystal Bay,Minnesota 55323•Municipal Offices
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s _ o On the North Shore of Lake Minnetonka
Apr , 991
Ben Young
3105 Sixth Avenue North
Long Lake, MN 55356
James Grabek
3050 Jamestown Road
Long Lake, MN 55356
RE: Possible Septic System Encroachment Over Lot Line
Gentlemen:
This letter is intended to clarify any confusion regarding the City's
position on the possible encroachment of Grabek's septic system onto
Young's property.
It appears likely that all parties involved with this system assumed
that the lot line was coincident with the fence. Last fall, Young's
surveyor placed a lot line stake some distance south of the fence line
and possibly into the uphill dike of Grabek's mound system.
The plan submitted for Grabek's mound additions in 1988 proposed the
uphill toe of the mound system 4' from the lot line. The rock bed was
proposed at 22' from the lot line. While the City Code required a 20'
setback from the toe to the lot line, the State recommended guidelines
would have allowed a 10' setback. However, at that time the State was
revising their regulations, to allow measurement of the 10' setback
from the edge of the uphill side of the rock bed, for mounds on
slopes. The theory is that effluent will generally move vertically
downward from the rock bed and then proceed downhill, with little
influence uphill.
Since the City has granted variances to allow septic setbacks of 10'
or less when neighboring properties will not be affected, and because
the proposed plan met the intent of the State Code and would not
affect Young's property, the proposed setbacks were approved as
proposed. To the City's knowledge, the repairs to the system were
completed per this plan.
If in fact the lot line is now found to be further south than the
fence, there is a possible encroachment of the uphill dike of the
mound into Young's property. It is still the City's position that the
toe of the mound is allowed to be as close as 4' to the lot line, but
no closer, to allow for diversion of surface drainage around the mound
within Grabek's property.
BUILDING&ZONING-473-7357 • ADMINISTRATION&FINANCE-473-7358 • PUBLIC WORKS-473-7359
ASSESSING FAX-473-0510
Ben Young/James Grabek
April 9, 1991
Page 2
One option that comes to mind is reworking the uphill dikes of the
mound to pull them back from the actual lot line. I would recommend
against that option, because the dike is there to physically support
the sand and rock bed, is required to have a 3:1 or flatter slope for
ease of maintenance and erosion protection, and helps to divert
drainage around the mound. Any additional construction activity
around the mound is not recommended, and could damage the mound.
The best option in my opinion, is to revise the lot line or create an
easement to accomodate whatever mound encroachment is determined.
Your revised lot lines should maintain a minimum of 4' to the toe of
the mound as determined by Steve Schirmers (designer of the system).
I suggest the following course of action:
s 1. Both property owners and their surveyors should come to an
agreement as to the actual current location of the property
line. Enough stakes should be placed by the surveyors along
that line so that its location can be readily observed.
2. Schirmers should verify on the site the location of the toe
of the mound. Presuming that this point encroaches into
Young's property, a new proposed lot line or easement should
be at least 4' north of the toe.
3. Schirmers should verify that the newly proposed lot line or
easement boundary is at least 10 ' north of the "soil
treatment area", ie. the area of possible influence by the
mound.
City inspection staff will be pleased to meet with the property owners
and Schirmers once the surveyors have agreed to and properly staked
the correct lot line. At that time, any questions you may have
regarding procedures for lot line rearrangement versus easement can be
discussed.
Be advised that the City is not taking the position that a lot line
rearrangement or easement must occur; the determination to do this is
up to the property owners.
Please contact me at 473-7357 if you have any questions.
Sincerely,
Michael P. Gaffron
Assistant Planning & Zoning Administrator
Enclosures: Mound Cross-Section Sketch
1988 Approved Plan
cc: Jeanne Mabusth
Mark Bernhardson
Steve Schirmers
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