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HomeMy WebLinkAboutProject PacketCITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Clark Winslow 1595 Bohns Point Road Wayzata, MN 55391 APPLICATION NO. #2114 NOTICE OF COUNCIL ACTION Date of Notice: April 16, 1996 COPIES: Dale Gustafson Gustafson Design, Inc. 1845 Wisconsin Avenue Golden Valley, MN 55427 TYPE OF APPLICATION: Conditional Use PermitNariance ----------------------------------------------------------------------- DATE OF MEETING: 04/08/96 VOTE: 4 FOR 0 AGAINST ------------------------ , ________________________________ _ COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please arra1.ge to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Conditional use permit/variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. In the case of projects requiring a land alteration permit, such permit must be applied for within one year of the date of approval of your application or that approval will expire (April 8, 1997). lsv CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ---------------------------------- TO: Clark Winslow 1595 Bohns Point Road Wayzata, MN 55391 ZONING FILE #2114 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 27, 1996 --------------------------- COPIES: Dale Gustafson Gustafson Design, Inc. 1845 Wisconsin Avenue North Golden Valley, MN 55427 TYPE OF APPLICATION: Conditional Use Permit ------------------------------------------------------------------------------- DATE OF MEETING: 03/18/96 VOTE: 5 FOR O AGAINST The Planning Commission recommended approval of the conditional use permit but conditioned approval on the bank of the pond being maintained at an 8:1 slope with the reimposition of aquatic and wetland vegetation in the area of the excavation. Please contact the City offices if you have any further questions concerning the Planning Commission recommendation. Applicant's next scheduled meeting is confirmed at the City Council meeting of April 8, 1996. Please note the meeting starts at 7:00 p.m. Prior to that meeting you will receive a copy of an approval resolution drafted per the findings and conditions of the Planning Commission recommendation. You are asked to contact staff prior to the meeting if you have any questions. lsv REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Jeanne A. Mabusth Title Building & Zoning Administrator DATE: 3/29/96 ITEM NO.: Agenda Section: Zoning Item Description: #2114 Clark Winslow, 1595 Bohns Point Road -Conditional Use Permit/ Variance -Resolution Zoning District: LR-lB Brief Review of Application In 1987 applicant received approval of a conditional use permit and variance that would allow the excavation or dredging of approximately 1,500 cubic yards of spoils from a Type V designated wetland. The purpose of the application was to create standing water in an attempt to reduce algae growth and pond odors affecting the surrounding neighborhood. The City joined in the project when it was discovered that the spoils contained yellow clay suitable for construction of roadbeds. The banks adjacent to the pond were steep and the use of the fill allowed for installation of a more graduated bank adjacent to the wetland. In the nine years since the dredging of the open water area, debris and silt has built up along the south bank. Wetland vegetation is sparse. Planning Commission members had no problem with the desire of the applicant to maintain open water area but felt in 1987 there was a loss of assimilative capacity of the pond with the creation of the enlarged open water area and now felt that applicant should restore wetland vegetation along the south shore in the area of the dredging. If wetland vegetation is to be restored, the slope of the bank must be maintained at a minimum 8: 1 slope. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the application that would allow the dredging of 80 cubic yard of spoils along the south shore line of the pond located within applicant's properties located at 1595 and 1625 Bohns Point Road subject to the following conditions: 1. The bank of the pond located within the area to be dredged shall be restored at a 8: 1 slope. Applicant shall seed the area with suitable aquatic and wetland vegetation. Request for Council Action continued page 2 of 2 March 29, 1996 Zoning File #2114 2. The 80 cubic yards of dredge spoils shall be removed from the site. 3. The City Engineer to determine if it is necessary to establish a high water level for the pond. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. ch To: From: Date: Subject: Chair Peterson and Orono Planning Commission Members Ron M ~i orse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator March 11, 1996 #2114 Clark Winslow, 1595 Bohns Point Road -Conditional Use Permit/Variance - Public Hearing Zoning Distric_t: LR-1B Application: In tlJe latter part of 1987, the applicant received approval of a conditional use permit and variance to permit the excavation of an existing pond and designated wetland to ensure standing w::rter. The project would also reduce algae growth and pond odors . The qurrent app r cation involves the dredging of approximately 80 cubic yards of debri s and sediment from the south shoreline of pond. No expansion of pond area is proposed. Pertinent Ordinances 1. Section 10 .03, Subdivision 19 -Conditional use permit required for excavation or dredging within designated wetland. 2. Section 10 .55 , Subdivision 8 -Prohibition. The Code does not allow land alterations within designated wetlands without first seeking variance approval. List of Exhi bits A - B - C - D - E - F - G - H - I J - K-1-2 L M- N - Application Applicant's Addendum Plat Map Property Owners' List Gustafson Report 3/8/96 Grading Plan; 1595/1625 Bohns Point Road Detail of Pond Area Area of Proposed Alteration Cross Section of Road Filling-Application #1216, #1287 Amended Plan Involving Road Improvement Cross Section of Pond.:A pplication #1216 Cook Report 10/12/87 Resolution No. 2296, 11 /9/87 Resolution No. 2320, 12/14/87 Zoning Application #2114 March 11, 1996 Page 2 Brief Review of Application #1216 In 1987 applicant filed a conditional use permit and variance application to permit the removal of approximately 1,584 cubic yards of spoils from a Type 5 wetland involving one-third to one-half acre in area. The maximum depth of the pond was proposed at 12'. The slopes would be at a 3:1 ratio. The purpose of the pond was to allow standing water to reduce algae growth and pond odors in the residential neighborhood. Review Exhibits I, J, K-1-2 and L. Cook's report notes sedimentation capacity will be increased and upgrade wildlife habitat. The improvement will reduce the assimilative capacity of the marsh as cattails and other vegetation would be eliminated in the deeper areas of pond but the depth would allow for the reduction in pond odors and minimize the algae growth. Review Exhibits Mand N, the City joined in the application when spoils to be removed were found to contain extensive pockets of yellow clay most suitable for restoration of Bohns Point Road. Bohns Point Road was dangerously close to the pond with a sharp drop from roadway. The banks were restored at a more gradual slope providing safer access for vehicular traffic. Review of Current Application Review Exhibits B, Hand 0, applicant's consultant notes southern area of the pond contains mud or sludge and branches where very little vegetation grows. It is applicant's intention to cleanup the sludge and allow for additional storage area with vegetation to grow along the edge of the pond. The mud and debris will total approximately 80 cubic yards of spoils. On a recent inspection we found little sign of cattail vegetation within the pond or pond's edges. Staff is not aware of any need to increase water area of pond but does recognize a need to restore wetland vegetation in the shallower banks along the south side. Applicant's consultant should provide an amended plan showing shallower slopes that would allow the restoration of suitable wetland vegetation to increase assimilative capacity of pond lost in original 1987 application. Issues for Consideration 1. Review Exhibit D, note 1625 Bohns Point Road is now owned by a Norwest Bank Trust group. As majority of alteration involves 1625 Bohns Point Road, we should have confirmation of their approval of the land alteration. The Bank should also sign the resolution approving the proposed alteration. 2. As Engineer's report notes, the Corps of Engineers and the MCWD will not require a permit review for the maintenance dredging. We should question applicant's consultant as to how often this type of dredging would be necessary to maintain the pond as originally designed. The pond was installed nine years ago, what can be done to minimize the need for future maintenance dredging? Zoning Application #2114 March 11, 1996 Page 3 3. The Engineer asks for confirmation that spoils are to be taken from site. Applicant's addendum suggests spoils are to be trucked from site. Applicant's consultant should confirm. 4. Should owner be asked to increase area of suitable wetland vegetation as opposed to open water area within south shoreline of pond? 5. Other issues raised by Planning Commission. Options of Action To either approve or amend the current proposal. lsv Application # o</J ,..J, . Date Received ef!/42.,1 /9£,, Amount Paid =?z_-5,uz) CITY OF ORONO -GENERAL LAND USE APPLICATION 3 ~50 · ti, • '3 7 · 1& PROPERTY LOCATION Site Address JE:ft:S f?flhn-=:,PoJn+· t2d I Type of Application to be Filed __ cu~:_P_--,--_____________ _ Property Identification Number (P.I.D.) D8 1112 ... ?:/4:1: a:>LS Phone (home) -------- Phone (work) 54:4-4-Z IS Cityt:;l)ldRLlhl(~ Zip BS4:Z.J OWNER (if _diffe!ent than applicant) Name ~i nSJOu-) Addres;= Jr6fbnf-eJ Phone (home) -1-11-l /40 Phone (work) :311o-q IU] City ~ 2:Cl±:a Zip E;;Ei?)q I Date Property Acquired _nJ~='dl-=-.J-+-<j_q~6._.J'--,;-----------(month/year) I (do) ~) also own the adjaJnl parcels of land. FEES -CONDITIONAL USE PERMITS -x· $ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use --- ---$250.00 Institutional (church, school, etc.) ---$225.00 Guest House/Guest Apartments ---$200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use ---$250.00 Land Alteration --- --Grading and filling -designated wetland or floodplain __ Grading and filling -101 cu. yd. or more --- --- --- Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) --- $300.00 Vacation --- $200.00 Easement Vacation ---$100.00 Easement Vacation With Subdivision ---$350.00 Rezoning (PUD -refer to fee schedule) --- ---$350.00 Comprehensive Plan Amendment ---$100.00 Appeals Other -see Fee Schedule --- PRESENT USE OF PROPERTY . Present Zoning District W:SI aen+tal Present Use of Property X Residential ~;,; ___ Other (specify) ____ _ 6 Mar 4 '96 14;16 P.0'2/02 REQU!RED StJBMJTTAU 1. _ Completed Applieadoo. form. 2. _ Describe rcquost m detail, 3. __ Certified Pl'opmy OWZMn List of o~ withh1 350', labtls and plat map (you m!Jd obwn this !isc, i.bele Md map from Hmnepiu County Depumae111t of Finance, A--603, GDvenmient Center, 348-3271). 4. _ Cem1icate of S'IJt'Ye.)' (Biped by 11 1icemed survqar) • ttfer 1.o hmiout for S1.1tYey Information. ·. , , s. ...:.__ Attactl lepl decmiption to application if not i.Dcluded on NqUiNd survey, G. _ Topographic fNfWY (~ Md proposed coo.toes) if land alteration# ~volve eba.ngcs ill ~levatiol\ (pad.es). 7, _ List of the lepl riamcs (mclude marital statua) of all pmoes 'With • interest iD die prop:rty. This would slude name(s) of applktnt(s) if not CUtffllt owner(s). 8. _ Coutruction plm.. if applicable {see staff for ~). 9. _ As 111 addendum. to this application, pl•e attach a sepante list ot ;any other persons you wish notified of this application. · YOU A.RE R£Ql.1Ut£D TO SlJPPLY 30 COPIES or LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11 n X 17', OR SMALLER) FOR ALL DOCUMENTS SUBMlTJtD. (Staff will n=qum; to scale dn.winp of all doo.lm.ents, plans. etc. to be submitt~.) The Applicant and Propo,ty Owner m~t sign this application.· Plwe rem~bc · that you: applic.tion is not eompletc if the abow imomumon has net been included .. : . · ·, ... •,.' !", . Certification by Clerieal Dopartm.ent chat Land Use Applicstion is complete. Initials of Clerical Std£: · · · Date ---------. ;, .'• .. ·,. , .. :,,, ... ',• ·,,·. APPLICANT'S SIGNATtJRE · · , ;. . . . . . The appli~t hereby qrees to provide -11 mfamwion requiied or teq\:fflcd by the Zoning Admirustntor. ~ to pay.additioaal fees (staff time.not eovered by original fee payment} and/or lmusual e,a,eme1,,,;m=red in review of • application. and cett:ifies , that the illlormotiOII a,pplled is and ~ lo 1b.o . r llWber ~ __ --,> Applicant's signature ~,,.,.,,..,,~ .. 11u., · · · Date '.rk/_·.31_ tJ{, OWNER'S SIGNATURE . .. ··. · .. . . . ... , The owner ~by adc.Dowledges arad aarees to this ~pplication. ud fiutber', .authorized. reasonable mtry onto the property by City sea« ~wtau •. tgeats, eominissi"ti meaiben, and CoU!ldl members for pmposes of mvettiJati<>n and verification of this req~ · Owu<(• ~ _ l:JJ. 8~-k~I>~ /f#A/'.:5:11% Appli'o31lt &11St law all sublbi«tall 1-o die City offim 2$ da)'I bef'o.-e t1te P~g Comaistian' M._, · l'Jan:ll!Ag Commimon M~ .. held Oft. au thinf. Monday of C1lC'4 montb. AppUcaaa ID\U:t be pment Id all tcheduled nview ~ of the ,.... Com!71illiOI\ Uld Cmmcil. If 11D -.ipHCIIII i.l •bit to ~sud • scbedldcd ~ -pJease .--orrugmanm to have 111 a~ ~t 1111.timd i.c YN' plat@ l:lld adviae the , . '. Bulkliq &. 1.0ftin.s Offloe of 1his Gbaftp priOr to the flltetizlg. , : ::. . · . ·;,. t ; ~-. : . . . ,, .... 7 \. LWDW 1\;i1ld\;i0 MOlSNlM Sl:Sl 301 96-90-t!\iW SO 'd February 20, 1996 Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Dear Ms. Mabusth: gustafs,on design, inc. The concept for the Winslow pond is simply to remove the debris and organic matter on the south edge of the pond to allow for water storage and use by wildlife. This area of the pond is no longer anything more than mud and branches where very little grows. The intention is to clean up this sludge and allow for clean pond water with vegetation to grow along the edge of the pond. We expect to remove approximately 80 yards of mud and debris from the pond using a track excavator and to truck the material from the site. Because of the amount of debris in the pond, it is expected that the loads will be light and thereby reduce the possible damage to the area roads. 1845 Wisconsin Ave. No. Golden Valley, MN 55427 tel (612) 544-4215 ' , 7 -111-zs~ II 6 • (2) .... MC,' 16-~ .-·: 100 :····· .. ·· . . . . . . . . .···• .. · ..... · .... -:.. : : ...... _q)o -.. • .··· . .. :··• .. .... ............ ·--··- . ;-\ r,;;, .. :••?p .. ,<:,·':;.\ I _._v.z ' h \i i (3)-_ lt ·~~ "!1 ~ . ~: .· ~ 20 .. ____ ,.. ____ _ ---------I • 9{)•/4• \ I . ~ ~ LOT 3 \:, ~--'. I (4) I-I 1(11 S?1 • I •~";j ;:,.._ I -qf!J ·.;r• I ---..,.----.:..:-----.?Q§:..8_ --'!"__•, --- ----. .,,------- .. •-·==··· II - -.• II RUN DATE 02/22/96 BATCH 511 PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP·ADDR OWNER.NAME TAXPAYER t:JAME/ADOR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 08-117-23 44 0014 01535 BOHNS POINT RD R G & i< S OLSON RONALD G &.KAYES OLSON 1535 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0006 01520 BOHNS POINT·RD DOUGLAS E KIRCHNER ETAL DOUGLAS E KIRCHNER 1520 BOHNS .POINT RD WAYZATA MN . 55391 38 16-117-23 22 0001 01600 BOHNS POINT RD JOSEPH C THOMASON & HIFE CONNIE R SWEEN 1600 BOHN$ POINT RD HAYZATA MN 55391 38 17-117-23 11 0002. 01655 BOHNS POINT RD GK NEWMAN JR & MMC NEHMAN GRAYDON K NEWMAN JR MICHELLE M'c NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 38 17-117-23'11 0005 01629 BOHN$ POINT RD RANDALL A GREEN RANDALL A GREEN 1629 BONHS POINT RD ORONO MN 55391 38 17-117-23 11 0008 00038 ADDRESS.UNASSIGNED GK NEHMAN JR & MMC NEWMAN GRAYDON K NEWMAN JR MICHELLE MC NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTE~. . PROPERTY OWN·E·R·S LISZJi . j A.A. -0 { !5?~ v~~D:'._ 38 08-117-23 44 0015 01595 BOHNS POINT RD CJ & SL WINSLOW CLARK J & SHARON J WINSLOH ·1595 BOHNS POINT RD HAYZATA MN. 55391 38. 09-117-23 33 0007 01540 BOHNS POINT RD RALPH D BURGESS JR RALPH D BURGESS JR 2765 NIAGARA LAN PLYMOUTH.MN 55447 38 16-117-23 22 0002 01640 BOHNS POINT RD D & D DUNLAP DAVID J &DIANE J DUNLAP 1640 BOHNS POINT RD WAYZATA.MN 55391 lh ~$' 38 17-117-23 11 0003 01625 BOHNS POINT RD THE BANK WAYZATA TRUSTEE NORWEST BANK: MPLS TRUST REAL ESTATE 6TH & MARQUETTE MPLS MN ,55479-0053 38 17-117-23 11 0006 01635 BOHNS POINT RD S PMOSELEY & SP MOSELEY STEPHEN P & SUSAN P MOSELEY 1635 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 110009 Pr 00038 ADDRESS UNASSIGNED GK NEWMAN JR & MMC NEWMAN GRAYDON K NEWMAN JR MICHELLE MC NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 REPORT NO. PI43540l PAGE ·29 38 09-117-23 33 0005 01500 BOHNS POINT RD EL JOHNSON & BB. JOHNSON EUGENE & BARBARA.JOHNSON . 1500 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0008 01580 BOHNS POINT RD RICHARD M KOVACEVICH ET AL RICHARD M KOVACEVICH NORWEST CENTER 6TH & MARQUETTE MPLS MN 55479-1062 · 38 16~117-23 22 0004 Oi720 SOHNS.POINT RD D & SANDERSON ET AL D & SANDERSON 1720 BOHNS POINT ROAD WAYZATA MN 55391 38 17-117-23 11 0004 00038 ADDRESS UNASSIGNED D & SANDERSON ET'AL DAVID & MARGENE FOX 1645 BOHNS PT RD HAYZATA MN 55391 38 11~117-23 11 0007 01645 BOHNS POINT RD J L CONNER & G J PAULUCCI .J L CONNER & G J PAULUCCI 1645 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0010 00038 ADDRESS UNASSIGNED GK NEWMAN JR & MMC NEWMAN GRAYDON K NEWMAN JR MICHELLE MC NEWMAN 1655 BOHNS POINT RD ORONO MN ·55391 II - -- II RUN. DATE 02/22/96 BATCH 511 PROP AD.DR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME 38 17-117-23 11 0011 00038 ADDRESS UNASSIGNED GK NEWMAN JR & MMC NEWMAN GRAYDON K NEWMAN.JR MICHELLE MC .NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 TAXPAYER TOTAL BATCH 511 00021 NAME/ADDR HENNEPIN COUNTY PROPERTY JNFORMATION SYSTEM PROPERTY OWNERS LIST 38 17-117-23 11 0012 00038 ADDRESS UNASSIGNED GK NEWMAN JR & MMC NEWMAN GRAYDON K NEWMAN JR MICHELLE MC NEWMAN 1655 BOHNS POINT RD ORONO MN 5539J REPORT NO,. PI435401 PAGE. 30 38 17-117-23 11 0013 00038 ADDRESS UNASSIGNED G.K NEWMAN JR & MMC NEWMAN GRAYDON K NEWMAN JR MICHELLE MC NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 38 16-117-23-22~0006 1725 Bohns Point Road Michael W Cashman Michael W Cashman 1725 Bohns Point Road Wayzata MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION As IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. · . · "')' _ a. . DATE 2/23/9"3Y l"'--'<., ,~~ FROM BONESTROO A ASSOC 612 636 1311 P. l j fl j Bonestroo -~--Rosene ff Anderlik& l \J l Associates· Otto G. Elontstr0Q, P,/a, H9w,.rd A. SMford, P.E. Robert w. Rosene, P,F;;,w Keith A. Gordon., r.e:. Jos<!:pl; C, Ande::rJI~, P.~. kobert R. f.'felferle, P.E. Micha~/ C. Ly11c11, P.E, James R. M-afand, P.E. J,wy D. Pl!c(!n~h. P.E. Brian K, Gage, F.f. F, Todcf fo::;tcr, F,E, f(,';lth R. Yapp, P.E. Engineers & Architects March 8, 1996 Ms. Jeanne A. Mabusth Mmvln L. sorv-::1r-t1 1 P,i;, RJcr,aro ~-ivmer, I'£ Glenn r.,. Cetok. l'.E. Thomas E. Noye,, f'.E. RObl!'!'tt G. Schvt")IC'.'.h!, P-.E. su,&n M. Eberlin, CP,A,. " S~nJor Consult.ant Building and Zoning Administrator City of Orono Post Office Box 66 C1ystal Bay, Minnesota 55323 Re: Winslow Residence File No. 139-2114 Dear Jeanne, Rl~h:,:rd W. Fo:.ter, P'.E. D~vld 0. LoM,ota, P.E. Rot,en c. Russ~;;, A,l,A, Jel'tY A. Bourdon, P.E. Mark A. Kanson. P.E. MICM01 T, ~~1,Jt,m,mn, P.~. r,,,;1 K. ~leld. !'£ 'thomai~ k, .Anderson, A.LA. James R. ~<;>,;nm;r~,;1, P.e. Oonaro C. ~11rgan;J\, ~.e. ThOm~s A, Syf~o. P.o. Scott J. Ar''::181"1!::!k, F" • .'E'. DougJ3~ J. Be.noi[, P.E. Kenneth f. An,iNS•)fl, P.E. Sl;awr, D, Gustcif<On. P.E. M,;1rk R. R,;;iltr., P.~. Cec:Wo 0Hvl1'1:r, P'.~. Mark A. Seip .. P.E. Kent J. Wagner, P,E. Gary w, Morlr;,n. P.E, Paul G. Hc1.1er. P.E. P~ul J. G~nnon, A.I.A John P. Gorder, P.E. Danlel J. Ed9ert0<i, P.E. DM D. 8oyun,, P.E. A. Rick Schmidt, P.E. Jeffrey J. Ehler,nger, P.E. O~le A Grove, P.E. Joseph f\. Rhein, P.£. Philip .J. C;ri:.weH, F'.E. M~r<. 0. W~llls, f'.e. Frederic J, $tenbor)I. P,f::, Miles 8 . .fcn,s.cn-. \:' . .!;. Lee M. M~nn, P.E'. Ch~rle~ A Erl,b □n l~eo M, P ~welsky H~rL:1n M. 01.!.□n Agne, M. lll"'!l )81'l')o,$ F. Engell'iardt Jsm~i:,! 1\11.J<tln~:i::. P.E;. L Pt71Ulp C:ir;.,vel, .P".E:. Mi.::t-,::iel P. R:iu, P.L K:.sr'er'I L. \Y/rem~ri, P.L Th □m05 W. Peter;on, P.E. G3t)' D. Kti;tofits, P.E. We have reviewed the proposal to remove approximately 80 cubic yards of debris and sediment which has collected in an existing type 5 wetland area jde:otjfjed on the City's wetland inventory. The site is located a 1595 Bohns Point Road in the southeast quarter of Section 8, The request is acceptable from an engineering standpoint This wetland is protected by the City of Orono by ordinance, regulated by the Minnehaha C1·eek Watershed Dist1·ict at the State level as part of the Wetland Conservation Act (WCA), and under-the jur:ls<liction of the ·u.S. Army Corps of Engineers (COE) at the Federal level. The excavation does not require approval from the WCA and should fall under the Iequirements of a COE general permit, so that the only approval that is needed is from the City. The requested removal of 80 cubic yards amounts to approximately two inches over the wetland area. The applicant should explain why such a small amount of removal is all that is needed to complete the project. Tb.e location of the disposal area should be determined and reviewed by the City. Please contact me at this office if you have any questions re.garding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~~ D.,zi~ Shawn D. Gustafson, P.E. 233S West Highway 36 ■ St. Paul, MN 55113 • 612-636-4600 l -,I BEEN_ ', 0 0::: j • I , .,. , ,,) '• '~ I· . .. l,,:,~· \ ---~✓ .,11 ,. ,rnr ' ' / / , //\ \ eL, •,"fl \ \n~Q½~\ \\ 1'::i \c~ ':l \ \ \ . ~ . ~) (J .P / . "---'- '\ 2 3 7 ()8 vo•('\ I L \ 6 ( . .. ' (<'. : }" !'-\., r' ~--··~ µA'llv~ -0~ _ 14''-. ... TO.,..TO "d . ..-·' .;,;i, Y: .. ~. I NC. L t..• in:•i ,· ,:,,, 1J-'b J,. .4' 1' ... _,, ... -:., J., • 4 J ,., .. ,,..,,., 4 7J r'" 0 };> 0 l \ i -·-·-' ~)~ _:J:·. , l. •. ,_, '"-'i·,.., I I , l '\ ( J J\/:. .-r.·· (.;·.··.· ·. r. r,. l . ,.~-.~-;_ ·' . l _) ,_-· l \ I ___,, -~:--~' . .! I l \ ' I .f I-- I \ \ --1 \ \ . \ --t / ~ . ,•: ... \ r I __.,,.,-,.- l . \ f f. \• \ \ \ \ \ ._\, ·.·,_ ... \ . -'":'" -- ,-· "' ,;•· . ,-:'.\ ·< ~-- . ·., . -~. a- ·, -~ .\ \ / /· I I / ' - \ \ , \ . I ,;.._ T-:. j .jC>' I,· •. • ) ) K-r Bonestroo Rosene Anderlik & Associates Engineers & Architects Pc·t("~'"'; 1 ') R:Jx h6 Crvc: ,q 1 B:w. 'l'l Re: ftJ 3 °-! .:? l '1 'tJins 1,,,.., r;; 1 '1. 1595 B0'1ns Pt. "'l. .~ ;.-,,,,.-,!" ,-~ i;;,.,•,.41:;' \.l .:, .. ,t,., "'°!: V"'"".l"I ( t, ..... <~ rr l~1 \A' !!'>"'""''"', ._..,, ... .,. I< rr ;:--,n.l'"' C ~1.,•q.1:•ct! t"f J.,ri.,-i Q \•,1•,.11n{1 r'f H:• ,1'.-"l ,,. ('\'vv, ._ , ,.,. ",-·;; ,,.,, , ". B,"'u'•..,<'.n rf ,,. .... nf"t'"" r ".n.~,.,.,c,,,. F'f \, t ,., \• (: r, ,.~ ,, ~ V-"' "' k,-... \.(~,... r E .._ .. ,:,.,, "' ftt< "'"""'"''"" r i. , , . .-11: "-t;.~,p , ....... ,.., ~ ~ tr•" r,(, , ,=,~1-1 "t \A.Hit q ~""Jf\ "E "'-"f '\4'<"-.-,1 , rt.1.,t"l'!.tnn rf ,~.~4"'t C 11\,.<t'\t"lli "-1 A. ~.,••"'' "f q,_,t-,,,t 1t ,...,.,,f",it rr r--.,,.,..,..11\ E An(Jl,., rf "'•·': ., \,". 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T:1e 1;Jc1111,1 n,,t ,'1f"'"''"'.1~ f-,, \,.,,,, ... 1•1\· 1,,:1,"' t,"'rM .1lvP"'"~t"' t.,,fff'"""i. V0urs V"rv trulv, C:ll'nn ~-Cnnl( GR: 1 jo 7I QJc on prnh!.-mc: sn silt 'P•'"f'-l CC'1'1" t rnc ti cin nn L1~P ~inn0t0n~.1. 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 .. City of ORONO RESOLUTION OF THE CITY COIJNCIL NO. _3,~4 .1~--- A RESOLUTION GMNTUlG A VARIAt~CE •ro MUlflCIPAL ZONING CODE SEC'l'ION 10.55, SUBDIVISION 8 MD A COffl.)I'l'IONAL USE !'ElU'll'l' PEB oEC'l'ION 10.03, SUBDIVISION 19 PILE U216 WHEREAS, Clark Winslow (hereinafter Hthe applicant") in the owner of the property located at 1595 Bobn'1l Point Road within the City of Orono (hereinafter "City") and legally described as Lot 2, Block 1, Beth and Bridget, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono to permit the dredging of 1,548 cubic yards of spoils from a pond approximately 1/2 acre in area requiring a conditional use permit per Section 10.03, Subdivision.19 and per Section 10.55, Subdivision 8 seeks approval of a varianc~~because the pond is classified as a designated wetland. """''"~+. Minnesota: ROW, 'l'BERBFORB! BBX'l':RESOLVED_b:f; the City Council of Orono, L 2. , 'J.'he:l"property is located in Residential Zoning Di.strict •.. i 5 /:: as Zoning Pile U2l6o :3. 'l'h;'f;;operty ia approxi~~;ly 2.12 acres in area. 4. The.Orono Planning Commission reviewed this application on October 19, 1987, and recommended approval of the proposed varianc~ to Section 10.55, Subdivision 8 allowing the dredging of a designated wetland, and recommended approval of a conditional use pe,:mit per Section 10.03, Subdivision 19 to allow the dredging of 1,548 cubic yards of spoils from the pond, based on the following findings: A) The ac:tual alteration will involve only 251 of the pond area at approximately 1/2 acre. :3) The 1,roposed depth of 12 feet will reduce algae growth and pond ord,us. Pagel of 4 n i 7 .. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _n9_6 __ _ Cl The scope of the overall project is minimal and will result in a negligible impact on the lake and wetlands, D) In a report dated October 12, 1987, the City Engi11eer CHc:1nn cook had the following comments: i, The proposed al t<:ration ,Ii:;_ l improve the s,'!-cHmint.ation capacity available and widlifo habltat. ii. The proposed alteration would not appear to have any long term adverse effects on Lake Minnetonka. iii. The alteration will reduce the assimilatlve capacit, of the marsh slightly, Based on a review of the necessary findings in approving the alteration of a protected wetland, the Planning Commission made the following findings: L l. The proposed alteration wl1:1· not restrict the p;.,.;sage of flood water or run-off. ,,. ~ 2. ~ ;~-' The alteration,will not pose .aJdanger to life or.property. 3. The propoil 1l appears to be co~patibl.e wAh the City's ~esi.re preserve natural land forms, vegetation and wetlands. ·i'l'he a1ter~tion will. provide greater storage or retentiol:f off as a result,of the.increase in depth. s. The City Council finds that the condHions existing ,,n thh pro- perty are peculiar to it and do not apply generally to other propert1 in this zoning district; that granting the variance i,,•ou ld not adversely affect traffic conditions, light, air nor por,;e a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a de1non- strable h:lrdship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning·Code and Comprehensive Plan of the City. 6, The City Council finds that granting a conditional use permit to allow the dredging of the wetland will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor wi 11 it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2296 CONCLUSIONS, ORDER MID CONDITIONS Based upon one or more of the above findings, the Orono City council hereby grants a variance to Municipal zoning Code Section l 0,55, Subdivision 8 and a conditional use permit per Section 10,03, Subdivision 19 to allow the dredging of 1,548 cubic yards of 5poils :from 11 w.::t1.and on the subject property, subject to the folluwing conditions: l. Prior to dredging silt fencing must be installed near the pond outlet. 2. The hauling of the spoils shall not take place en Saturdays or Sundays and shall only be conducted Monday through Friday, 7:30 a.m. to 4:30 p.m. The City must be advised in writing H there is 11 valid need to vary from this approved schedule. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and ~ust be exercised by application for a building permi~within one yoar of the date of Council approval, or the special .conditions of this resolution will expire on that date (November 9, 1988), 4. Violation of"or' non-compliance With any of the tPrms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted her,~in, and shal1:l?e,punishable as ii misdemeanor.' ,, f' S~ 1.'be 'undersigned applicant .has read, understood and hereby agrees ;s .to the terms of.this resolution and on behalf of himself, hilil heirs, Tsuccessors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of Movernber, Page 3 of 4 ... 5376471 (_~it"" of ORONO .. RESOLUTlf')N OF THE CITY COUNCIL NO. 2 320 A RESOLUTION GRANTING A VJ\RIJ\NCE TO MUNICIPJ\L ZONING CODE SECTION 10.55, SUBDIVISIOt 8 AND~ CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE 11216 TRANSfER ENTERED DEPT of PROPfi<TY: AX.~ >'t,B' ;c ,,•: ,"", WHEREAS, Clark Winslow (hereinafter "the applicant") is the owner of the property )ocated at 1595 Bohn's Point Road within the City of Orono (hereinafter "City") and legally described as Lot 2, Block 1, Beth and Bridget, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the app1icant has made application to the City of Orono to permit the dredging of 1,548 cubic yards of spoils fro~ a pond approximately 1/2 acre in area and the excavation of 650 cubic yards of dry land area adjacent to the pond to compensate for filling of road bed located on east side of pond requiring a conditional use permit per Section 10.03, Subdivision 19 and per Section 10.55, Subdivision 8 see: .. s approval of a variance because the pond is classified as a designated wetland. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1216. 2. The property is located in the LR-1B Single Family Lakeshorc Residential 7.oning District. 3. The property is approximately 2.12 acres in area. 4. The Orono Planning Commission reviewed this applicatjon on October 19, 1987, and recommended approval of the proposed variance to Section 10.55, Subdivision 8 allowing the dredging of a designated wetland, and recommended arrro\·al of a conditional use permit per Section 10.03, Subdivision l? to allow the dredging of 1,548 cubic ynrds of spoils from the pond, based on the following findings: A) The actual alteration will involve only 25% of the pond area at approximately 1/2 acre. B) The proposed depth of 12 feet will reduce algae qrowth and pond orders. C) The scope of the overall project is minimal ,.nd will result in a negligible impact on the lake and wetlands. P.'.lge l of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2320 report dated October 12, 198 7, the City Engineer Glenn the following comments: i. The proposed alteration will improve the sedimintation capacity avc1ilablc and widlife habitat. ii. The proposed alteration would not appear to have any long terc adverse effects on Lake Minnetonka. iii. The c11 teration wil 1 reduce the assimilative capacity of the ma~sh slightly. S. Based on a review of the necessary findings in approving the a 1 teration of a protected wetland, the Planning Commission made the following findings: A. The proposed olteratiori will not restrict the passage of flood water or run-off. B. The alteration will not pose a danger to life or property. C. The proposal c1ppcars to be compatible with the City's desire to preserve naturQl land forms, vegetation and wetlands. D. The alteration will provide greater storage or retention of run-off as a result of the increase in depth. 6. The land alteration will greatly improve the safety of the users of Bohns Point Road by widening the road bed and providing gentler slopes adjacent to wetlands. 7. The applic.:rnt lws .:1qreed to excavate .:i.n adjacent land area of the wetlands to compensate for area filled on east side of pond with the improvement of the public road. 8. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property in this zoning district; th.:it granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties: would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 9. The City Council finds that granting a conditionnl use permit to allow the dredging of the wetlnnd will not be detrimental to the health, safety or general welfare of the public, would not adversely P.:ige 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2320 a light, air nor pose a fire hazard or other danger to neighboring properties, nor wi 11 it depreciate surrounding property values and that the proros0d level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan or the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a v~ri~nce to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditiona; use permit per Section 10.03, Subdivision 19 to allow the dredging of 1,548 cubic yards of spoils from a wetland on the subject property, subject to the following conditions: l. Prior to dredging, .silt fencing must be installed near the pond outlet 2. AppJicant shall excavate 650 cubis yards of dry land area to compensate for filling of designated wetlands per plan~ referenced as exhibit Bin Council packets for December 14, 1987 meeting. 3. The hauling of the spoils shall not take place on SaturdJys or Sundays and sha 11 on l. y be conducted Monday through Friday, 7: 3 0 a.m. to 4:30 p.m. The City must be advised in writing if there is a valid need to vary from this approved schedule. 4. Authorities granted by this resolution run with the property not witn the applicunt, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date :r0 cember 14, 1988). 5. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute, violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned nrpl icant has read, understood and hereby agrees to the terms of this rc;;olution and on behalf of himself, his heirs, successors and .:1 s ~ i gn s, hereby agrees to the recording of this resolution in the chain of title of the property. the Orone, City Council on this 14th day of December, J~R. Gra~e~~ Ma ,/ _ '-=:>'t-(.~4 .. 4:.~·· 1~ /,/'-\ (-.._,)-- rage 3 of 4 April 2, 1996 Clark Winslow 1595 Bohns Point Road Wayzata, Minnesota 55391 Dear Mr. Winslow: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The enclosed approval resolution will be presented to the Council for their review and formal action at their April 8, 1996 meeting. You are asked to review the resolution and to contact staff prior to the meeting if you have any questions. Enc. cc: Dale Gustafson Gustafson Design Inc. 1845 Wisconsin Avenue North Golden Valley, MN 55427 Telephone (612) 473-7357 • FAX 473-0510 -. l'vllNUTES OF THE ORONO PLANNING COM1v1ISSION MEETING HELD ON MARCH 18, 1996 (#5 -#2113 David and Jean Sahlstrom -Continued) Mabusth asked the applicants if they had considered staging the garage to meet the 1 O' setback. Gustafson said he did not believe this would impact the drive-out apron for the garage. Gustafson also noted that the garage apron must meet the 40 degree backout alignment but calculated that this was possible. The applicants voiced concern with the aesthetics of the roof line by such a change. Hawn asked if the applicants had spoken with the neighbor, whose house is oriented to face the new garage addition . Mrs. Sahlstrom said the neighbor has recently moved to a nursing home . She added that the neighbor's home sat far back on the lot, and in her opinion, would not be impacted by the addition. It was questioned as to who owns the evergreen trees. The Sahlstroms said they were located on the lot line . Peterson commented that if another variance was required, he would not recommend approval, and noted the lack of need for 3 car garages . He would like to see the applicant confer with the neighbor, however. Schroeder said if the trees were affected by the addition, he would have a problem with the application. Mabusth noted that the City does not deal with tree issues in such cases but that this matter is left for the resolve of the private property owners. The Sahlstroms said they would like to see the trees remain and would consider setting the garage addition back 1 O' to allow this to occur. The Sahlstroms then withdrew their application . (#6) #2114 CLARK ,vmsr..o,v , 1595 BOHNS POINT ROAD -CONDITIONAL USE PERMITN ARIAN CE -PUBLIC HEARING-8:19-8:40 P.1\1. The Certificate of Mailing and Affidavit of Publication were noted . The Applicant was represented by Dale Gustafson . Mabusth reported that the original application was approved in 1987 for maintenance dredging of 1500 cubic yards of spoils from an existing pond in a designated wetland. During this dredging, yellow clay was found and, subsequently, used by the City for the widening of the roadway. The current application is for 80 cubic yards of dredging to provide a 8: 1 slope on the east side and 3 : 1 slope on the west for a 12' pond depth, which is currently about 6-8' deep . Gustafson said the pond is clogged with weeds and vegetation. The dredging would remove the portion to the south full of muck and branches . 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 18, 1996 (#6 -#2114 Clark Winslow -Continued) Mabusth said she, as well as the DNR, question what is lacking in the design that creates the need to redredge. Gustafson said the problem arose from construction; and with the property to the side now in turf and plantings, he does not expect the problem to arise as frequently. Mabusth questioned the lack of wetland vegetation. Gustafson said the vegetation has disappeared, but the purpose of the pond is to maintain open water. Mabusth did note that the original intent of the pond was-to rid the area of odors and algae. Mabusth asked if the intent in opening up more open water area was to gain any vegetation. Gustafson said cattails could be replanted if the City would desire the maintenance of vegetation. Hawn later asked if the owner would approve cattail planting. Gustafson said it would be done if it was necessary. Peterson said he normally would prefer a pond to remain natural and be opposed to open water. With how this pond sits in the neighborhood, Peterson said it would be consistent to maintain the pond as open water. He would like to see cattails planted on the south side. Schroeder questioned the amount of dredging and the depth with relation to vegetation. Gustafson said the depth would reflect on the slope of the pond. Gustafson said a 8: 1 or 10: 1 slope was necessary to allow emergent vegetation around the perimeter. The property location to the lake and the effect of pond runoff was considered. The culvert was said to be functioning. Peterson questioned the sprinkler running from the lake. Gustafson said the sprinkler is there to add water from the lake to the pond to maintain the water level, if necessary, but added that it was not used. Mabusth noted that this was never approved nor addressed in the original application. Hawn commented on the smell from the pond on the neighborhood necessitating the need to maintain more open water. She suggested a design be drawn to allow aquatic vegetation on the south side. Gustafson said it would be helpful to have dimensions if this .was necessary. There were no public comments. Hawn moved, Schroeder seconded, to approve Application #2114 for conditional use permit and variance to permit the dredging and removal of 80 c.y. of spoils with the establishment of a high water level for said pond. The slope of the pond is to be maintained at a 8: 1 slope with reimposition of aquatic and wetland vegetation in the area of the excavation. Vote: Ayes 5, Nays 0. 9 l\1INUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 18, 1996 (#6 -#2114 Clark Winslow -Continued) Gustafson confirmed that there would be no problem with the 929.4 elevation. Peterson noted that this was his first recommendation for approval of pond dredging in a designated wetland. (#7) #2115 FRANK BENNETT, 315/405 'fONKA WA ROAD -CONDITIONAL USE PERMIT -PUBLIC HEARING -8:40-8:58 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was represented by Dale Gustafson. Mabusth reported that the pond will be located in a low area of the 7 plus acre lot and is made up of types 1 and 3 wetlands. The wetland is not DNR protected, nor on the N_ational Wetlands Inventory Map, and would not require either Corps of Engineers or MCWD approval. The only approval necessary is that from the City of Orono. The proposed pond is at 4: I slope with a overflow drainage through the ravine and to the southeast and eventually flows under Tonkawa Road. The ravine on the Gage property suffers major erosion. Mabusth noted that the pond would serve as a stormwater retention area. The proposal is for removal of 1900 cubic yards of fill. Gustafson . suggested asking why the dredging would not be a permit issue of the Corps of Engineer. He noted the Corps of Engineers have guidelines for permits in areas of under 1/2 acre that qualify for nationwide permit. He noted applicant may still need permission. The Commission was informed that the survey work was completed by Mark Gronberg. Peterson asked if the intention of the dredging was for a wildlife pond. Gustafson said this was not the intention. The intention was to gain an aesthetically pleasing look with open water. The erosion of the ravine on the Gage property was noted. Gustafson said the 1/ location of the pond has spinoffbenefits and would allow for diversification of habitat. Gustafson said the pond would aid in creating a water retention area for runoff. protect and slow down the runoff. and the drainage running into the ditch would be metered. It was further noted that the proposal calls for the removal of the existing access off of Tonkawa, and the fill would be used for the shoulder of the new drive. The driveway would then link with the drive further south on Tonkawa. Hawn commented that the application was not proposed as wildlife pond for permit ._ reasons, but if the applicant would want wildlife, a greater slope would be required. Gustafs_on said the depth must. be obtained as the pond would become shallower over time, and-it was important to maintain the water retention. The possibility of a larger, shallower pond was discussed, but it was noted that it would disturb a larger area which was not desired. 10 ~fl~ Bonestroo ~Rosene --~----Anderlil< & 1 \j 1 Associates · Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportun[ty Employer Engineers & Architects March 8, 1996 Ms. Jeanne A. Mabusth Otto G. Bonestroo, P.E. Howard A. Sanford, P.E. Robert W. Rosene, P.E.* Keith A. Gordon., P.E. Joseph C. Anderlik, P.E. Robert R. Pfefferle, P.E. Marvin L. Sorvala, P.E. Richard W. Foster, P.E. Richard E. Turner, P.E . David 0. Loskota, P.E. Glenn R. Cook, P.E. Robert C. Russek, A.I.A. Thomas E. Noyes, P.E. Robert G. Schunicht, P.E. Susan M. Eb erlin, C.P.A.* • Senior Consultant Jerry A. Bourdon, P.E. Mark A . Hanson, P.E. Michael T. Rautmann, P.E. Ted K. Field, P.E. Thomas R. Anderson, A.I.A. James R. Rosenmerkel, P.E. Donald C. Burgardt, P.E . Thomas A. Syfko, P.E. Frederic J. Stenborg, P.E. Ismael Martinez, P.E. Michael P. Rau, P.E. Thomas W. Peterson, P.E. Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Winslow Residence File No. 139-2114 Dear Jeanne, Michael C. Lynch , P.E. James R. Maland, P.E. Brian K. Gage, P.E . F. Todd Foster, P.E. Jerry D . Pertzsch, P.E. Keith R. Yapp, P.E. Scott J. Arganek, P.E. Douglas J. Benoit, P.E. Kenneth P. Anderson, P.E . Shawn D . Gustafson, P.E. Mark R. Rolfs, P.E. Cecilio Olivier, P.E. Mark A. Seip, P.E. Gary W. Morien, P.E. Paul J. Gannon, A.I.A. Daniel J. Edgerton, P.E. A. Rick Schmidt, P.E. Dale A. Grove, P.E. Philip J. Cas well, P.E. Mark D . Wallis, P.E . Miles B. Jensen, P.E. L. Phillip Gravel, P.E. Karen L. Wiemeri, P.E. Gary D . Kristofitz, P.E. Kent J. Wagner, P.E. Paul G. Heuer, P.E. John P. Gorder, P.E. Dan D. Boyum, P.E. Jeffrey J. Ehleringer, P.E . Josep.h R. Rhein, P.E. Lee M. Mann, P.E. Charles A. Eri ckson Leo M. Pawelsky Harlan M. Olson Agnes M. Ring James F. Engelhardt We have reviewed the proposal to remove approximately 80 cubic yards of debris and sediment which has collected in an existing type 5 wetland area identified on the City's wetland inventory. The site is located a 1595 Bohns Point Road in the southeast quarter of Section 8. The request is acceptable from an engineering standpoint. This wetland is protected by the City of Orono by ordinance, regulated by the Minnehaha Creek Watershed District at the State level as part of the Wetland Conservation Act (WCA), and under the jurisdiction of the U.S. Army Corps of Engineers (COE) at the Federal level. The excavation does not require approval from the WCA and should fall under the requirements of a COE general permit, so that the only approval that is needed is from the City. The requested removal of 80 cubic yards amounts to approximately two inches over the wetland area. The applicant should explain why such a small amount of removal is all that is needed to complete the project. The location of the disposal area should be determined and reviewed by the City. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. xfL_,._ b . x1+ Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 ...... ..... NORWesT' ••••• _..,..,. Investment Management & 1:±ust tv1arch 18, 1996 Fax 1, Jeanne A. Mabusth Building and Zoning Administrator City of Orono RE: Application #2114 -Clark J. Winslow Dear Ms. Mabusth: r' . .i. i Norwest Bank Minne:wta, N.A . Wayzata Office 900 East Wayzata Boulev.ird Wayzal:a, Minnesota 55391 612/476-3810 3-D5/0 Fax# The property at 1625 Bohn's Point Road is held br Norwest Bank Minnesota N.A. as trustee for Clark J. Winslow. Mr. Winslow has the power to direct the Trust, so~ at his direction, Norwest I as Trustee would sign the resolution approving the proposed alteration in Application #2114. Sincerely, Joel C. Thomson Assistant Vice President JCT:lcg cc: Dale Gustafson Clark J. Winslow Bloomington, 1'-'ii1w?apolis, Rocl1es ?r, St. Paul, Wayzata, Hopkins "h!U.1111&1 27501'11111PIIW'IY Orotlt, MN SS3$1 Muld,al<>mc. ........ f'.0.e.68 Cfyal S.,, MN S5moo&f aw eJUYACY ADmaax ' ' . In w:~c with M.S. 13.04, Subd. 2, "Rights of subje.:ts of data", we would like to u:d'onn you that your request for • permit or license from the City of Orono or any ot its depm1:mer11t m.ay req,uirc yo\! to ftmrish certain private or toufiatial inf'ormation. lO 'd Y 01,1 are· notified that: 1. The intolffl&tion you .fmnish will be used ·to datennine )'Out qualification for the permit or license RQ1.1este,d. ,, ·,, 2. You may muse to supply data, b1.1t rofial may require tut the City deny the permit or li<lCnJe, · · . •. ;::·.". _.. :: . , . : .. ·/, · ) . · · The imormatio.a ma)' he ~ with other local, ·state o~ ftdeta1 · agencies w the · · · extent n~ .10 process tbe pemait or li~nsc. . .·. ' ·, . -4. -If your ftltUestcd permit-~ .license~~ Cound1.':acti~n i~'•approvei some --~. --·· ·-information may:become publio. · , , .. _ /•:; .·.i_ •.• , -.1 .i.'.. · - s. i.. You haw cerwn -~;~ ~ M.s.·· 13.04 (~tro1i~-pq~;--to· miew pri~tc -_/ __ ··data on yo0 t·~·-.. /., .':: .·_·. :·.· .-. · : •-· · "-,·_, -, .... ' _ .:_._'.. · ,, /. ': ' . :. ': · . .'' . 6. . · Your Ml ~e is r~uu:ed to process this app-lication· orr:tJ! rklrt. f'"'CJia(t6a 2?§SE~--· First Middle ~ . . .'' ~ ~ ~Pai ot Rd I . Addn:a ! -.~ .. --: --•. : --:: . ·, ,.J __ , ,,.•, '. T..,,n, ~,Ul -.,an • l"U 41'.3-0SlO . 8 'l'o: Pla~ning Commi~sion Chairma~ Kelley Orono Planninq ComMission Members City Administ~ator Rernhardson From: Jeanne A. Mabusth, Building & Zonins Administrator Date: October 13, 1()87 Subject: #1216 Clark ~iGslow, 1595 Bohns Point Road - Conditional Use rcrmit -Public Hearing Pertinent Ordin~nces - Section 10.03, Subdivision 19 -Conditional Use Permit required for land alteration. Section 10.55, Subdivision 8 -Variance required for alteration of a designated wetland. Pertinent Facts - Zoning District -LR-lB Total Area= 4+ acres Dredging of 1,548 cubic yards (150 dump t~uck loads) of spoils to be trucked from site Pertinent Issues - 1. Application in·,rolves the dredgi.ng of a designated wetlands requiring both 2 conditional use permit and variance. 2. The applica~ion to dredge the pond was approved by M.C.W.D. at their meeting of 7/16/87 (Exhibit D) subject to the City of Orone approval. Note the remaining items in that approval were tabled. Since thtit review both the Public Works Department and M.C.W.D. have worked togetl~nr to arprove the raising of the culvert elevation to the 930 elevation. All other phases of the application would have required conditional use permit review and to staff's knowledge have been dropped. List of Exhibits Exhibit A -Appl i cat i (.'Jl Exhibit B -Property l")wnors List Exhibit C -Plat Map Exhibit D -M.C.W.D. r..--t ter Exhibit E -Engineer's Report Exhibit F -Plans The application involves the removal of aproximately 1,548 cubic yards of spoils from a wetland 1/3 to 1/2 acre in area. The maximum depth of the pond is proposed .:1t a 12 feet depth with outer ring areas at 10 to 5 feet of depth. Slopes wj 11 be at a 3:1 ratio. The culvert has not bern raised to the 930 elevation .:1s yet but will be completed with the pond dredging. The present rlcv~tion at 929? allows lake water to flow from thr east through culvert to pond. zoning File 11216 October 13, 1987 Page 2 of 2 The applicant wants to clrcdge the pond so that there is standing water a t a l l t i rn es • The we t Jc, n d i s pre d o rn i n a t e l y dry w i th ca t ta i l s -the alteration involves 2si of the pond area. Per the Engineer's report, Exhibit E, the dre~ging will slightly reduce the assirnulative capacity of the marsh. The proposed depth will reduce alge growth and pond odors. The Engineer sees no lonq term adverse effects on Lake Minneto~ka as a result of this project becau·se of the minimal scope of the project. The project will result in increase s0climcntation capacity and wildlife habitat. Prior to making ci recommendation on this application, Planning Commission should consider the necessary findings that must be made privr to making your recommendation whether it be for denial or approval - Section 10.55, Subdivision 25 (1\), Items 1-7. If approved your conditions should include the following: 1. Applicant to provide silt fencing near the pond outlet. 2. HaulLig cannot take place on week-ends and may only be co:1ducted Monday tht:.,ugh Friday, 7:30 a.m. to 4:30 p.m. City must be advised in writing if it is necessary to haul on Saturdays. 3. The liability issue should be r~viewed by applicant since the creation of a 12 f e,::-t. d cep pond wi 11 create a potentia 1 hazard. Additional Comments 3Dd Planning Commission Recommendation - October 30, 1987 The Planning Commission questioned the classification of a pond of this size as a protected wetland. Staff advised that cattails or vegetatirn did provide assimulative treatment of run-off to the pond /serving 4+ acre watershed). Currently, the elevation of the culvert to the east side of the pond allows lake water to flow into pond when lake reaches an elevation of 929+. The raising of the culvert and the increased depth of the pond will ~llow greater retention for run-off from the watershed and the untouched vegetation (75% of pond area) will still provide adequate treatment for this sized watershed. Planning Commission approved of the dredging application but questioned staff's concern for the liability of the application with a pond now at a 12 feet depth. Pl~11ning Commission felt that this is the same issue for the owner who installs a pool. The insurance carrier of the owner shall advise applicant of his liability if any. The enclosed resolution has been drafted per Planning Commission recommendation. DA'D: SUBJ: Mayor Grabek Orono Council Membero City Administrator Bernhardson Jeanne A. ~~busth, Zoning Administrator December 9, 1987 fl216 Clark Winslow, 1595 Bohns Point Road - Amendment of original Conditional Use Permit/Variance List of Bxhibit• - A -Original Plan B -Amended Plan C -Cross Section of shoulder of road At the request of the City of Orono, the applicant has agreed to reopen consideration of application 11216 that involved tbe drad;inq and re~~val of 1548 cubic yards of spoils from a designated watl1.u,ds, In the process of making borings in the area t.o be d:cedged, the contr.<1ctor discovered extensive pockets of yellow clay. !ha aoil'n stabili~y - cohesive, plastic qualities are excellent to:c City trJ use ill restoring arid widening shoulder areas of Bohns l?oint Road. Pleaae :-,ot.e thes,~ l(;Oil0 are not customary spoils ladened with .i:ich nutrierite. 'l'here is no danger of contaminating water quality of runoff to and from wotlands. Portions of the road right-of-way are located within the wetlands, The area of th~ road restoration runs a distance of 130 feet adjacent to wetlDnds for~ depth of 12 feet. The 650 cubic yards of clay will be deposited or filled within the east edge· of the wetland. Winslow has agreed to excavate the west edge of the existing wetland to compensate for filling on the east side of wetlands. Staff recommends approval ot the land alteration that would allow the filling of the designated wetlands located within the road right of way of Bohns Point Road based onc"these additional findings: 1, The land;alteration~.will greatly improve the exiGting ro~d by widening ,;the i:.road bed;Jand providing gentler slopes adjacent to wetlan!f 11';~ }t~ ·.. .· .. ~. .. i> .· ·. 2, OWne#of adjacent property will provide 1.1dditional ... PQnding area on hiacproperty to,compensate for fill of wetl.'Sinds. \ · . •,,,){,',.,\,t~,;r1 dj>~~, ',2.,,;Ji,,, ',(, : , , , :, s'\< ?,\;/:<~,i.~i;~Jt:.t, ,,p," .Reaolutiont,t2296, \approved by. Council on.11/9 /87, "1as beent-amended".-to;i. ;)iii.~ nclude;.th.is. final,,land a.l_teration. '!'his· amended application w.11.lbe. presented to· the Planning ·commission at their 12/~l./81 meeting as an inforution item. 'l'he scheduled dredging b'/ the applicant and the normal schedule of the Planning Commission meetings roade it impossible ·to schedule at the Planning Commission before Council action. GI 17! J _J I -;I:_\ / Ii_ -./ '~ ' r ,, -~, B' ' , t~ ~ a.) / ~i \l) z , lj , l ~ .· 3 I ~ \-. $~ ~~ CJ~. :::::, ,-..) ' ~-. \ x:· cf) .__J I I / sq: t \ ' ' ' ." --- ~ -~ ~ . ---~ "",,,."' ' ' I ' ~ ~ \ ~ \ 4:. ~ ~ >< ~ ~ -~ ~ w D ~ \ ~ . . Y'. , ,.,, vnvnu ,novemem ana till1ng in conJunction with new 2750 Kelley Parkway, P.O. Box 66 . _ .. _ constructjon _ on the_ property .. ' . Excess fill · Crystal Bay; MN 55323 :·' ,,c:.;<, ·:; r~sults Iron, ,structural improverrients and . Phone. (612)473•7357 • Fax -473-0510 '"., acklitio~s to,t_he 7xisting residenc7 consisting Affidavit of Publication .}:•··::<': ·. ·_·N"br,gi~-;~~~-r~~t~_~Dtt~~~~~~~~ri;~a!~~~✓~t~~s~f_!'~~lk~utt~~ The Pl~~;;:-~~/c~~flli:~i~n ~;/h~~ ;:bt·~t: ,·~et~~u:~,;~g~gfth': ~;!i~;~~·i{~~ ~~di~t~ State of Minnesota, County of Hennepin. hearings in the Council Chambers at 2780 .. drainage away ·from __ res,pence to· a swale Kelley Parkway on Monday, March ·1a. 1996, along the west and south side of the J?r()perty._ the meeting C?m'!'ences at 7~ p.m.; on the.??: ;'?;t;f-:"'2:> ;J;/ ,-' : ,'.i'fr:2·,,,,-;;,1tc;l,· ; Bill Holm, being duly sworn on oath says that he is , matter of rev,ew,ng the __ following land use -:,,r5•:' #2117 Thomas. McCune of;,1473 Bay_. . • applications: ,' ."\(~ • ' .· ' .. , ,·s:~,;Ridge Road ha~filed acorc:!itionaius_eA!ll'mit an authorized agent and employee of the publisher · _· .. · .,: ••-· .. :,.,. . ,,., ,>,· •:·,·,:,_ to;allow: the ,installatlon•ot•a· two,.t1ered 1.• #2113 David and Jean Sahlstrom bi-129 p t_eiainjng wall for approximately90)inearfeet' of the newspaper known as THE LAKER Mound ... Chevy Chase.Orive;'seek !IPPf'OV8LOf a side--f;i:'afongCounty'Roadl5,J:MlW<:ilieredwan'wil( M" ' ' setback.vanaiicetopemiitconstructioriot:antfcf.::~ata'm~in'fumtielgtii'iit,a,0,;arongthenorth!' rnnesota, and has full knowledge of the facts attached garage additionto the north sid~ c:ifltLside ap_i:l ,taper;to 6':ma~JmJ.irp_height·to t~e·• which are stated belo . ·theprincipal_structure .. J·,--•• ':}.J';cso,uth:··,The_proJJo~ed retammg_wall will W. · • · ----·, . connect with an existing two tiered timber wall · 2. #Zt'.14 Gtilrk Winslow 0/1595 ·sohns-Point •.: at . the north lot · line· Jhat-extends Road has filed a conditional use permit and,:;-' ;approximately 24' into applicant's property, A.) The newspaper has complied with all the variance application to permit the dredging of Applican(has also filed ,_for a lakeshore. approximately 80 cubic yards of spoils and . ~etback variance_ that would 'bllow the·_ requirements constituting qualifications as a debris from a designated wetland. · · • · rnsta1Jat1on of a retaining wall to be located 69'. , . . !o 74' fr9m,the ~horelin~ ~~ere a _75:' s~~?~ck qualified newspaper, as provided by Minnesota 3. #2115 Frank Bennett of 315 Tonkawa ·1srequ,red · : . ·-.·••<,·, . :,,,:,c .. • _., Road has filed a conditional use permit to,,•. --~;;r,•·,i:: .. ,· x ., •,~'•, _.;., ,-:;•.·,-,,, Statute 331A.02, 331A.07, and other applicable permit _the dredging of a pond at "All persons ~shing to be heard will appear at approximately 3/4 to an acre in area located this meeting .. Written comments are solicited. laws, as amended. ~~ !~/~:k~~:eR~~~:i~1~:~~11C:lt~~~ ' ~ii~~-a;:.;;,:i~;~~~ ~he City.?ffices for I I I 4, 1 r- application also involves the _installation of a ;· :·-.. :: , -:,, :-. , .: _·-B ) Th · ted M/lt1 (jj_aJ '£.fu!lf tf/)/?.J} -~~~~~;~3~;~~?itaii;~~~~~~~{t~~~:~~~g~~~~i~,~~~., ,:_:-, r -• e pnn 7 th,, existing private drive at 405 Tonkawa , .. ·· · -. · · · · · Road. Jeann~ A. Mabusth. Building & Zoning Administrator 4. #2115 John and Lynn Waisted! of 3470 Bayside Road have filed a conditional use permit to permit land alterations involving approximately 1,000 cubic yards of earth --. . -which is attached was cut from the columns of said (Published in The Laker and Pioneer, March 2, 1996) newspaper, and w1s printed and published once / each week for ______ successive weeks: It was first published Monday, the J dayof ~ 191¼_, and was thereafter printed and published every Monday, to and including Monday, thv.e ___ day~ ~--; Authorized Agent Subscribed and sworn to me on this By: KAISTIHOl.M NOTARY PUBLIC -lolNNESOTA MY COMM. EXP1RES t-3N!C00 ate In ormation (1) Lowest classified rate paid by commercial users for comparable space: $12.20 per inch. (2) Maximum rate allowed by law for above matter: $12.20. (3) Rate actually charged for above matter: $7.00 per inch. Each adcfmonal successive week: $5.05. CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss . CITY OF ORONO I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2114, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 28th day of February, 1996 . ~d _J_a_m_i_e--z,sma .--~------- CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, March 18 , 1996, the meeting commences at 7:00 p .m., on the matter of reviewing the following land use applications: 1. #2113 David and Jean Sahlstrom of 129 Chevy Chase Drive, seek approval of a side setback variance to permit construction of an attached garage addition to the north side of the principal structure . 2. #2114 Clark Winslow of 1595 Bohns Point Road has filed a conditional use permit and variance application to permit the dredging of approximately 80 cubic yards of spoils and debris from a designated wetland . 3. #2115 Frank Bennett of 315 Tonkawa Road has filed a conditional use permit to permit the dredging of a pond at approximately 3/4 to an acre in area located to the west of the existing residence located at 405 Tonkawa Road. The land alteration application also involves the installation of a connecting driveway with Mr. Bennett's homest~ad parcel at 315 Tonkawa Road and the existing private drive at 405 Tonkawa Road . 4 . #2116 John and Lynn Walstedt of 3470 Bayside Road have filed a conditional use permit to permit land alterations involving approximately 1,000 cubic yards of earth movement and filling in conjunction with new 'construction on the property. Excess fill results from structural improvements and additions to the existing residence consisting of an addition at the west side of the residence and the excavation of a walkout on the south side of the residence. The purpose of the filling in the rear yard is to redirect drainage away from residence to a swale along the west and south side of the property . 5 . #2117 Thomas McCune of 1473 Bay Ridge Road has filed a conditional use permit to allow the installation of a two tiered retaining wall for approximately 90 linear feet along County Road 15 . The two tiered wall will be at a maximum height of 8' along the north side and taper to 6' maximum height to the south. The proposed retaining wall will connect with an existing two tiered timber wall at the north lot line that extends approximately 24' into applicant's property. Applicant has also filed for a lakeshore setback variance that would allow the installation of a retaining wall to be located 69' to 74' from the shoreline where a 75' setback is required. All persons wishing to be heard will appear at this meeting. Written comments are solicited. Plans are available in the City Offices for review , by appointment. City of Orono Planning Com1qf,n .. 4/l a/'rr:< ~ Mabusth ~d Building & Zoning Administrator · To be published the week of March 4, 1996. ',I'\\•. • l",M'\ ... . ,, ·•,/' • .J-i I· .~ rJ/\. _,.,,.. ., .. •• . _ __.,, ,.__,,; ·- ( \-. ,'.\' 'r-\ I\ f, l •· / ~ \ .,I.., 1-' .•: , 2 3 7 08 . ( ( \ '"''JI\'\ .. " .... l'-\H• l. ~I · .r-lr-1.1~ _ -_.