HomeMy WebLinkAboutRe: grading Dvorsky After the Fact Land Alteration/Restoration Permit- 1075 Tonkawa Road
Conditions of Issuance:
1) Double fee
2) Permit allows/requires restoration of 0-75' grades to the contours shown on City
topography maps.
3) Verification of grade restoration in 0-75' zone shall be shown by an as-built
survey to be provided at the time a building permit for the new home is applied
for.
4) Erosion control measures will be required, subject to City Inspector and MCWD
requirements.
5) This approval does not imply the City has accepted the grading conducted outside
the 0-75' zone. A grading plan for the new home must be submitted and
approved by the City before a building permit will be issued. Drainage impacts to
neighboring properties will be a factor in determining an acceptable grading and I
drainage plan.
To: File 1075 Tonkawa Road
From: Mike Gaffron
Date: 11-4-05
MPG/Lyle Oman/Janice Gundlach met with property owner Robert Dvorsky on Monday
10-31-05 regarding recent grading violations within 75' of the lakeshore at 1075
Tonkawa Road. His stated reason for the grading he did was to solve a drainage and
erosion problem. He indicated he was hoping to avoid the CUP process for restoration,
but would do whatever restoration the city requires, because he wants to start a new home
in December or January and did not want to be held up by the CUP process.
Staff advised him to provide an as-graded survey that we could compare to the City's
pre-existing topography maps, before we could determine the amount of grading done
and whether the restoration would require a CUP process.
ZONING REGULATIONS §78-1286
(4) Stairways, lifts and landings may be ei- Sec. 78-1284. Height of structures.
ther constructed above the ground on posts No structure within the Shoreland Overlay
or pilings or placed into the ground, pro- District shall exceed the height limitations set
vided they are designed and built in a forth in the standards for the underlying zoning
manner that ensures control of soil ero- district.
sion. (Ord. No. 101 2nd series, § 1(10.56(16)(H)), 2-24-
1992)
(5) Stairways, lifts and landings must be
located in the most visually inconspicuous Sec. 78-1285. Vegetation alterations.
portions of lots, as viewed from the sur-
face of the public water, assuming sum- (a) No live tree within 75 feet of the shoreline
leaf-on conditions whenever P racti- or within the bluff impact zone with a diameter of
mer,
six inches or more (or 19 inches in circumference
cal.
or greater)measured three feet above the ground
may be removed without first obtaining a permit
(6) Facilities necessary to provide shore area from the city staff, provided that at least the
access to physically handicapped persons equivalent number of replacement
trees of a size
I
shall be allowed,provided that the dimen- and nature found acceptable to the staff are
sional and performance standards of sub- planted at the same setback from the shoreline as
sections (1)—(5) of this section are com- those removed.Appeals of staff determinations as
pleted in addition to the requirements of to type,size and quality of the trees to be replaced
the Minnesota Regulations,chapter 1340. will be to the council. Removal of trees that are
dead shall not require a permit, but such trees
(7) A building permit shall be obtained for trust be inspected by city staff prior to their
construction of stairways, lifts and land- removal.
II
ings regardless of whether such improve- (b) Intensive vegetation clearing within 75 feet
ments are constructed above, at or below of the shoreline, on steep slopes or within the
grade. bluff impact zone within the Shoreland Overlay
(Ord. No. 101 2nd series, § 1(10.56(16)(F)), 2-24- District is prohibited. Limited clearing of shrubs
1992) and trees less than six inches in diameter and
cutting,pruning and trimming of trees of any size
is allowed to provide a view to the water from the
Sec. 78-1283. Steep slopes. principal dwelling site and to accommodate the
placement of permitted stairways and landings,
picnic areas, access paths, beach and watercraft
Any applicant requesting a permit for construe- access areas, and permitted lockboxes, provided
tion of sewage treatment systems, roads, drive- that the screening of structures,vehicles or other
ways, structures or other improvements on steep facilities as viewed from the water, assuming
slopes shall provide adequate information to al- summer, leaf-on conditions, is not substantially
low the city to evaluate possible soil erosion reduced.
impacts and development of visibility from public (Ord. No. 101 2nd series, § 1(10.56(16)(T)), 2-24-
waters before such permit may be issued. When 1992; Ord. No. 127 2nd series, § 7, 7-11-1994)
determined necessary, conditions shall be at-
tached to issued permits to prevent erosion and See. 78-1286. Topographic alterations/gTad-
preserve existing vegetation screening of struc- ing and filling.
tures,vehicles and other facilities as viewed from
the surface of public waters, assuming summer, (a) Grading and filling and excavations neces-
leaf-on vegetation. sary for the construction of structures, sewage
(Ord. No. 101 2nd series, § 1(10.56(16)(G)), 2-24- treatment systems, and driveways under validly
1992) issued construction permits for these facilities do
Supp. No. 1 CD78:191
§78-1286 ORONO CITY CODE / 36
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not require the issuance of a separate grading and (e) The following considerations and condi-
filling permit. However, all grading and filling tions must be adhered to during the issuance of
activity approved permits for construction of struc- construction permits,grading and filling permits,
tures, sewage treatment systems, and driveways conditional use permits, variances and subdivi-
shall adhere to the grading and filling standards sion approvals:
of this article.
(1) Grading or filling in any type 2, 3,4, 5, 6,
(b) Grading, filling or excavating of more than 7 or 8 wetland must be evaluated to
ten cubic yards is prohibited within 75 feet of the determine how extensively the proposed
ordinary high water level of the public waters activity would affect the following func-
enumerated in section 78-1217.Grading,filling or tional qualities of the wetland:
excavating of ten cubic yards or less shall require a. Sediment and pollutant trapping and
city staff review and permit and be subject to retention;
other pertinent sections of this chapter.
b. Storage of surface runoff to prevent
(c) Public and private roads, driveways, park- or reduce flood damage;
ing areas, and public or private watercraft access C. Fish and wildlife habitat;
ramps shall not be constructed within 75 feet of
the ordinary high water level of the public waters d. Recreational use;
enumerated in section 78-1217. If no alternatives e. Shoreline or bank stabilization; and
exist, such improvements shall be subject to the
standard zoning variance review procedure, and f. Noteworthiness, including special
such review shall take into account the following qualities, such as historic signifi-
considerations: cane, critical habitat for endan-
gered plants and animals, or others.
(1) Such improvements shall be designed to
take advantage of natural vegetation and This evaluation must also include a deter-
topography to achieve maximum screen- urination of whether the wetland alter-
ing from view from public waters. ation being proposed requires permits,
reviews or approvals by other local state
(2) All roads and parking areas shall be de- or federal agencies including but not lim-
signed and constructed to minimize and ited to watershed districts, state depart-
control erosion to public waters consistent ment of natural resources, or the United
with the requirements of all agencies with States Army Corps of Engineers.
jurisdiction.
(2) Alterations must be designed and con-
(d) Except for those projects requiring permits ducted in a manner that ensures only the
for construction of structures, sewage treatment smallest amount of bare ground is ex-
systems and driveways, a land alteration permit posed for the shortest time possible.
will be required as follows: (3) Mulches or similar materials must be
(1) For movement of one through 500 cubic used,where necessary,for temporary bare
yards of material anywhere within the soil coverage,and a permanent vegetation
Shoreland Overlay District,a staff-issued cover must be established as soon as pos-
land alteration permit shall be required. sible.
(4) Methods to minimize soil erosion and to
(2) For movement of more than 500 cubic trap sediments before they reach any sur-
yards of material within the Shoreland face water feature must be used.
Overlay District, conditional use permit
approval by the city council is required in (5) Altered areas must be stabilized to accept-
addition to the required land alteration able erosion control standards consistent
permit. with the field office technical guides of the
Supp.No. 1 CD78:192
i
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ZONING REGULATIONS §78-1288
local soil and water conservation districts Sec. 78-1287. Stormwater management.
and the United States Soil Conservation The following general and specific standards
Service. shall apply in addition to those standards found
(6) Fill or excavated material must not be in article VIII of this chapter and section 82-222:
placed in a manner that creates an unsta- (1) When possible, existing natural
ble slope. drainageways,wetlands and vegetated soil
surfaces must be used to convey, store,
(7) Plans to place fill or excavated material
filter and retain stormwater runoff before
on steep slopes must be reviewed by the discharge to public waters.
city engineer for continued slope stability
and must not create finished slopes of 30 (2) A development must be planned and con-
percent or greater. ducted in a manner that will minimize the
extent of disturbed areas,runoff velocities
(8) Fill or excavated material must not be and erosion potential, and reduce and
placed in bluff impact zones. delay runoff volumes. Disturbed areas
(9) Any alterations below the ordinary high must be stabilized and protected as soon
as possible and facilities or methods used
water level of public waters must first be to retain sediment on the site.
authorized by the commissioner of the
department of natural resources under (3) When development density, topographic
Minn. Stat. § 103G.245. features, and soil and vegetation condi-
Minn. are not sufficient to adequately han-
(10) Alterations of topography must only be dle stormwater runoff using natural fea-
allowed if they are accessory to permitted tures and vegetation, various types of
or conditional uses and do not adversely constructed facilities, such as diversions,
affect adjacent or nearby property. settling basins, skimming devices, dikes,
waterways and ponds may be used. Pref-
(11) Placement of natural rock riprap, includ-
ing associated grading of the shoreline surface drainage,vegetation,and infiltra-
and placement of a filter blanket, is per- tion rather than buried pipes and manmade
mitted if the finished slope does not ex- materials and facilities.
ceed three feet horizontal to one foot ver-
tical, the landward extent of the riprap is (4) When constructed facilities are used to
within ten feet of the ordinary high water Perform water management, documenta-
level, and the height of the riprap above tion must be provided by a registered
the ordinary high water level does not professional civil engineer that they are
exceed three feet.A riprap permit shall be designed and installed consistent with
obtained per the requirements of section the field office technical guide of the local
78-969 soil and water conservation district.
(5) New constructed stormwater outfalls to
(f) Excavations where the intended purpose is public waters must provide for filtering or
connection to a public water, such as boat slips, settling of suspended solids and skim-
canals,lagoons and harbors, are prohibited above ming of surface debris before discharge.
the ordinary high water level. Such excavations (Ord. No. 101 2nd series, § 1(10.56(16)(K)), 2-24-
below the elevation or the ordinary high water 1992)
level are subject to approval of the department of
natural resources and other agencies with concur- Sec. 78-1288. Hard cover limitations.
rent jurisdiction. (a) No hard cover or impervious surface shall
(Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24- be placed,located or constructed within 75 feet of
1992;Ord.No. 127 2nd series,§8,7-11-1994;Ord. the ordinary high water level of any lake or
No. 163 2nd series, § 3, 12-8-1997; Ord. No. 171 tributary,except for stairways,lifts,landings and
2nd series, § 2, 4-4-1998) lockboxes as regulated elsewhere in this Code.
Supp. No. 1 CD78:193
§78-1288 ORONO CITY CODE
(b) Between 75 feet and 250 feet of the OHWL, lishment and the general types of
there shall be no greater than 25 percent hard goods or services available.The signs
cover.Between 250 feet and 500 feet of the OHWL must not contain other detailed in-
there shall be no greater than 30 percent hard- formation such as product brands
cover. Between 500 feet and 1,000 feet of the and prices,must not be located higher
OHWL there shall be no greater than 35 percent than ten feet above the ground, and
hardcover. must not exceed 32 square feet in
(Ord. No. 101 2nd series, § 1(10.56(16)(L)), 2-24- size.If illuminated by artificial lights,
1992) the lights must be shielded or di-
rected to prevent illumination out
Sec. 78-1289. Standards for commercial,pub- across public waters.
lic and semipublic uses.
(a) Surface-water-oriented commercial uses and C. The aggregate square footage of sign
public or semipublic uses with similar needs to space per property shall not exceedthe limitations on sign square foot-
age as regulated in article X, divi-
have access to and use of public waters may be
located on parcels or lots with frontage on public age 4, of this chapter.
waters, if permitted by the underlying zoning
district standards. Those uses with water-ori- d. Nonsign-related outside lighting may
ented needs must meet the following standards: be located within the lakeshore set-
(1) In addition to meeting impervious cover- back zone or over public waters only
age(hard cover)limits,setbacks,and other if it is used primarily to illuminate
zoning standards in this article, the uses potential safety hazards and is
must be designed to incorporate topo- shielded or otherwise directed to pre-
graphic and vegetative screening of park- vent direct illumination out across
ing areas and structures. public waters. This does not pre-
(2) Uses that require shortterm watercraft clude use of navigational lights.
mooring for patrons must centralize these
facilities and design them to avoid obstruc- (b) Uses without water-oriented needs must be
tions of navigation and to be the mini- frontage,
on lots or parcels without public waters
mum size necessary to meet the need. frontage, or, if located on lots or parcels with
public waters frontage, must either be set back
(3) Uses that depend on patrons arriving by double the normal ordinary high water level set-
watercraft may use the minimum amount back or be substantially screened from view from
of signage and lighting necessary to con- the water by vegetation or topography, assuming
vey needed information to the public,sub- summer, leaf-on conditions.
ject to the following general standards: (Ord. No. 101 2nd series, § 1(10.56(16)(M)), 2-24-
a. No advertising signs or supporting 1992)
facilities for signs may be placed in
or upon public waters. Signs convey- Sec. 78-1290. Agricultural use standards.
ing information or safety messages
may be placed in or on public waters (a) When permitted in the underlying zoning
by a public authority or under a district,general cultivation farming,grazing,nurs-
permit issued by the county sheriff. eries, horticulture, truck farming and wild crop
b. Signs may be placed, when neces- harvesting shall be allowed in the Shoreland
sary,within the shore setback zone if Overlay District; except that no such activity
they are designed in size to be the shall occur within the shore setback zone nor on
minimum necessary to convey needed steep slopes or bluff impact zones. Steep slopes,
information. They must only convey shore setback zone and bluff impact zones shall be
the location and name of the estab- maintained in permanent vegetation.
Supp.No. 1 CD78:194