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).
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CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
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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
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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.
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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.
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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
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9{)•/4• \ I . ~ ~ LOT 3 \:,
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II
-
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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
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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
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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!
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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.
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