HomeMy WebLinkAboutIllegal Fill 3366
To: Tom Barrett, City Attorney
From: Lyle Oman, Building Official
Date: June 23, 1995
Subject: Vern Hubbell - Illegal Fill
Thank you for responding to my memo of June 20, 1995. Since the topographic survey of
January 14, 1980, Mr. Hubbell has filled a large area of his property with illegal fill, without
a conditional use permit and within a wetland setback. Mr. Hubbell was required in writing on
November 1, 1994, December 7, 1994 and verbally on January 20, 1995 to remove the fill,
return the area to existing grades, provide a topographical survey to show it is back to its
original state and establish groundcover.
Enclosed-are photos from early June of 1995. They show fresh grading with no grass or weeds
and various piles of concrete, earth, logs and brush. There have been no removals. It is clearly
an ongoing operation.
As noted in the previous information provided for you, the City did seek criminal prosecution.
A citation was issued and a fine was paid. The City's prosecuting attorney felt that the criminal
prosecution avenue had been exhausted.
Mr. Hubbell was given a conditional use permit application but as of this date has not filed it
with the City.
Therefore, it appears that the only remedy is to sue in order to get a court to order the
appropriate remedy. The City's objective is to require Mr. Hubbell to:
1. Stop filling.
2. Apply for a conditional use permit so that the City Council may decide on the
matter and for Mr. Hubbell to abide by these findings and orders. If a CUP is
denied or if Mr. Hubbell does not wish to file one, then:
a. Remove the fill,
b. Restore to original grades, and
C. Establish groundcover.
Please inform me if there is further information needed to proceed with a lawsuit against Mr.
Hubbell.
lsv
To: City Attorney's Office
From: Lyle Oman, Building Official
Date: May 19, 1995
Subject: Verne Hubbell - Illegal Fill
3360 Watertown Road
Enclosed is the City's file on Mr. Verne Hubbell and his illegal fill activity. In 1981 Mr.
Hubbell was found to be filling on his property at 3340 and 3360 Watertown Road. Mr.
een using the site for 15 years as a land
Hubbell is in the excavation business and had bfill for
black dirt and demolition debris. The City reluctantly issued a conditional use permit to allow
the fill to remain. This decision was based on the damagty e e tonthe environment thantif the His
feeling
suto
was that removing the fill would cause g
as required to remove fill from the wetland and its setback area, bury
remain. Mr. Hubbell w
all concrete and cement, grade to a maximum slope of 4:1 and reseed the entire area. The City
has no record of the conditions being met but feels that they probably were.
On November 1, 1994, City Building Inspector Bruce Vang was conducting an inspection on a
ction
neighboring property and observed a large
area
selffithatof lltsam Od atertAow gRlae area had boad. An een filled
was conducted on the site by Mr. Vang and my
with concrete, asphalt and earth. The fill is adjacent to the fill area at 3340 Watertown Road
and is in the wetland setback area and possibly in the wetland. Mr. Hubbell owns both
properties and the only vehicular access to 3360 is thru 3340. The driveway is adjacent to Mr.
Hubbell's house and passes between the house and garage (see survey).
On January 20, 1995, Mr. Hubbell and his attorney, Greg Keller, met with Building and Zoning
Administrator Jeanne Mabusth and myself. Mr. Hubbell expressed the desire to obtain a
conditional use permit for the fill as he did in 1981. Jeanne and myself indicated to Mr. Hubbell
that it would be an extremely difficult application for City Council to approve based on the
history of illegal filling on the property in 1981. Mr. Hubbell was issued Citation#3950425037
at that time per the direction of City Council in 1981.
The City's objective is to require Mr. Hubbell to resolve the matter by removing the fill and
returning the area to original grades or submit a conditional use permit application and abide by
the City Council's directives.
lsv