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Home My WebLink About Project PacketCITY or GRONG, t1I\'-NrSOTA ♦l.L Use Application operty) r Orono, MN 55391 Minnetonka _ydiards Park, Lake unan Atty. for ch Tel 4# 854-5263 Hedges & Grant Suite 800, Bloomingto h _ Tel it 533-3664 Orono, nN 55391 _ Present Use '1 +c.in(J to kuqus:, ._L _ 31, 7( nts Conditional use pe property. casons for same rotect shoreline and to trials will have a hard - of nonconformity Setback Front_ other, e:�plain _ roperty Residential Otn ON j PR h r r ro► vrriu *. usr. r;NPLIC r,.': 03 ` -O. iio a) kes. Acc. ')se Address 1535 has Pt. Rd __=1:)L;-0 � b) Institutionr :l �C.1virCll, :,ch. Lea_ al Description Lot -'r L / t'�•) Peter Bac) V_ �1JU.!.0 r) :,u� l•_x c_'r/: ly APPLICVZT Name William Ulri d) .,an+i AIL(crat cn Mailing Broeker, Hartfeldt /� /f lIQ; radi.nq, f i 1 - Address 2850 Metro Drive, Minnesota Y3$15u.c; u) Coljind. !,se OWNhR Nauru _ Wi l l iai,� Ulric Mailing Adc;ress 1535 Bohns Pt. Rd., aria+�a $1G0.00 Present 'Zoning LR-lB Residential •lonin�_i Ordinance Section E:: �0 Specify Ordinance Requirem�ar mit required before building retaining wall on ,,xplain your request and r Installation of aluminum retaining wall to prevent erosion, p prevent severe damage by muskrats to property. Mat coated brown earthtone-type finish. VARIANCE required Lot Area Width - extent Spociiv nsrdships to p Side Rear ems■ SUBDIVISION application or, e>-pinin No. ut Lats VAPIA::CL required - extent of nonconfor-mity Lot Area Setback Front Side — I<C :r �,. _... Width _ uther, e::plain _ _... . Specif.• hardships to property SUBDIVISIOI. application Residential Utnr_r, explain No. of Lots CONDITIONAL USE AND OTHER - explain proposed use of property in detail This is residential shoreline property. A conditional use permit is needed to protect shoreline, prevent erosion and prevent severe muskrat damage to MINIMUM MATLRIAL NECESSARY FOR COMPLETE APPLICt',T UN (Must suLmitted 10 days prior- to Plano-ing Coiiunission meeting) 1. Application completed S. Cert'.f.ied Property txvrier's list of 2. Plat map section ewnc r s Within (300') (1501) - from 3. Certificate of surv.-,y of pruporty Her.nepin Co. Dept. of Finance sketch location and setbacks of A- 603 Govertaticnt Center proposal 6. ;tamped, leg .1 sizeci enveloper,(#10. 4. Ccnstruc t ion plans, if applicable pre-addresse-_i to each of the natacs �,n the above list. DATI Applicant's Signature DATE Owner's Signature i1� lam✓ Applicant hers ov agree: to pruvidey all information requireu or requested by the Lorirg Administrator, City Engineer, City Attorney, Plannincj Commission and Council necessary to pivicers this application iLd f �er agrees to pay all fees a.., citablishead by ordinance. A *see attached license agreement 5/78 PUN DATE 05/ 14;83 EATCH 002 38 08-117-:3 44 0006 r;:uP ADDR 03220 "1:5 PT LA ' CWNER NAhE BOHt:5 NT '01PE11OLDRS TASPAIEP. WV3LLEY EUIENE E t TRAIICES 0 NAME/ADDR 220 BOHNS POINT LANE WAYZATA Ml 55391 1 38 08-117-23 44 0009 + PPOP AVOR 03265 BOHNS PT LA O:::ER NAME LCUIS E NAVIN TAXPATEP LOUIS E NAVIN NAVE/ADDR 'Ct,5 BOHN3 POINT LANE WAi'ATA 1'N 55301 33 08-117-23 44 0013 PPOP ADOR 01535 SOHNS PT PO O;V4ER N.ME WILLIAM J ULPICH TAXPAYER WILLIAM J ULPICH NAME/ADDR 1535 BONUS PT R3 WAYZATA MN 55391 + 35 09-117-23 33 0005 PPOP ADDR 01500 EOHNS PT PO C:.:IEP NAMF DEAN F THOMAS TAXPAtEP DEAN F THOMAS OR N=IIE/ADDR YIPS PAULI:IE N T,iONAS 1500 EO►'!1 PT RD WAYZATA 121 55391 38 09-117-23 33 0008 PT'OP 00R 015C0 EOH1:S PT RD �. 013IEP NAME H�PP( G NELSf.#I ETAL TA•'PArEP PCGEP D SW1I157POM NAME/ADDR 1530 POHNS PT PO WAYZATA rdl 55391 HVINEPIN CULRiTY PROPEPTY INfOF:lATION SYSTEM PFOPERTY G-OlErS LIST 38 08-117-23 44 0007 03230 E+1HNS PT LA W A K Pl' SCH JR k:i i KAL.LEEN PLETSCrl JR 3230 BOHNS POINT LAVE SO OPONO Ikl 55339 38 08-117-23 44 0010 03225 e04NS PT LA H&VSWEATT HENRY L SWEATT 3_25 BVINS POINT RD WAYZATA M!1 SS391 39 09-117-23 33 0003 01420 BOHNS PT RD LOUIS E DCIATI ETAL LOUIS E OCLAN EXCELORATION COPP FO ED%' 7000 DUBLIN OHIO 43017 38 09-117-23 33 0006 01520 SCi!NS PT F0 DOUGLAS E KIPCIiIIER ETAL DOU;,LAS E ►,VCHNER 1S20 BOiitlS POINT PO WATZATA Ml SS391 TOTAL EATCH 002 00013 • REPORT NO. PI435461 PAGE 3 33 08-117-23 44 0008 032t0 EOHNS PT LA JOKE HC1:T JOKE HUFST 3260 E0104S POINT LANE WAYZATA 141 55311 38 08-117-23 44 0012 015c5 E•OHl1S ►T RD GfQ.FD B1GiCP4 GEOA-D f.LOHOP14 1595 EC6N'S FOINT RD Op ONO M!1 S5311 38 09-117-23 33 007. 014E0 EGHNS PT PO C EPUCE SOLOI"4-.014 ET.L C C"U:E SOLCd'C!:---'1 310 4TH AVE SO 8211 MPLS MN 55415 39 09-117-23 33 0007 01540 E04•15 PT R, G W KALWEIT ETAL GEOPGE W KALWEIT 1540 E011!15 POli4T WAYZATA MN 55391 Lim PUN DATE 05/ 14;83 EATCH 002 38 08-117-:3 44 0006 r;:uP ADDR 03220 "1:5 PT LA ' CWNER NAhE BOHt:5 NT '01PE11OLDRS TASPAIEP. WV3LLEY EUIENE E t TRAIICES 0 NAME/ADDR 220 BOHNS POINT LANE WAYZATA Ml 55391 1 38 08-117-23 44 0009 + PPOP AVOR 03265 BOHNS PT LA O:::ER NAME LCUIS E NAVIN TAXPATEP LOUIS E NAVIN NAVE/ADDR 'Ct,5 BOHN3 POINT LANE WAi'ATA 1'N 55301 33 08-117-23 44 0013 PPOP ADOR 01535 SOHNS PT PO O;V4ER N.ME WILLIAM J ULPICH TAXPAYER WILLIAM J ULPICH NAME/ADDR 1535 BONUS PT R3 WAYZATA MN 55391 + 35 09-117-23 33 0005 PPOP ADDR 01500 EOHNS PT PO C:.:IEP NAMF DEAN F THOMAS TAXPAtEP DEAN F THOMAS OR N=IIE/ADDR YIPS PAULI:IE N T,iONAS 1500 EO►'!1 PT RD WAYZATA 121 55391 38 09-117-23 33 0008 PT'OP 00R 015C0 EOH1:S PT RD �. 013IEP NAME H�PP( G NELSf.#I ETAL TA•'PArEP PCGEP D SW1I157POM NAME/ADDR 1530 POHNS PT PO WAYZATA rdl 55391 HVINEPIN CULRiTY PROPEPTY INfOF:lATION SYSTEM PFOPERTY G-OlErS LIST 38 08-117-23 44 0007 03230 E+1HNS PT LA W A K Pl' SCH JR k:i i KAL.LEEN PLETSCrl JR 3230 BOHNS POINT LAVE SO OPONO Ikl 55339 38 08-117-23 44 0010 03225 e04NS PT LA H&VSWEATT HENRY L SWEATT 3_25 BVINS POINT RD WAYZATA M!1 SS391 39 09-117-23 33 0003 01420 BOHNS PT RD LOUIS E DCIATI ETAL LOUIS E OCLAN EXCELORATION COPP FO ED%' 7000 DUBLIN OHIO 43017 38 09-117-23 33 0006 01520 SCi!NS PT F0 DOUGLAS E KIPCIiIIER ETAL DOU;,LAS E ►,VCHNER 1S20 BOiitlS POINT PO WATZATA Ml SS391 TOTAL EATCH 002 00013 • REPORT NO. PI435461 PAGE 3 33 08-117-23 44 0008 032t0 EOHNS PT LA JOKE HC1:T JOKE HUFST 3260 E0104S POINT LANE WAYZATA 141 55311 38 08-117-23 44 0012 015c5 E•OHl1S ►T RD GfQ.FD B1GiCP4 GEOA-D f.LOHOP14 1595 EC6N'S FOINT RD Op ONO M!1 S5311 38 09-117-23 33 007. 014E0 EGHNS PT PO C EPUCE SOLOI"4-.014 ET.L C C"U:E SOLCd'C!:---'1 310 4TH AVE SO 8211 MPLS MN 55415 39 09-117-23 33 0007 01540 E04•15 PT R, G W KALWEIT ETAL GEOPGE W KALWEIT 1540 E011!15 POli4T WAYZATA MN 55391 Lim c) HENNEPIN COUNTY PROPEPTY INFOPMATICN SISTEM DPCPEPTY OWNERS LIST REPORT NO. PI-.35401 PAGE 4 I CERTIFY THAT THE FACTS REFRESENTEO ARE AN ACCURATE AND TPUE REFRESENTAT"1N 0- 1t..FCMATION AS IT APPEARS THIS DATE Ott THZ RECORDS OF THE HENNEPIN [OLMIT► DEPAIZTI'.ENT OF P6OPERTT TAXATION. TO THE 6EST OF MY 1,1XI LEDGE A43 CELIEr.. rJ�� oAr� sY 9 in ,4 I f""'* .0.0 ka sa-f i N ft Acc.#' wo" to &.0 U310M op- 00 juN 3 01 3 ITY OF RC lokI e Very o 64C.A A1.r_f' rvIfilm, .Saw LL tft C." of so.44 ft.r_p : � p _ . or. w N y at ow b a -- — va.r a - i'M I d T`(PICAL IN5TALLs%*r%o J , it FLAN V ISW po1•1w.1. l.r. rc V..—V I t 1 _ 11 t�t EA T O"k Vag �- �•t•. ern arTt,,so-.1. Z Y PIC AL I1-4TALLAT ID'V ELEvAT tON -(AftJdCO Of.a*J 7 Or tlfa,JOt. tiJ.. YJM ..� aAA. ••Ufa Ofiwaa r.lfarta• iF .�N••VJM L .t 4� f.E ae,o �j.�ooa♦ r a.♦- �CSLS r� �.►lt. C.O f•fa.�., a+.-in0.9 v�l.t..i K`ittM Ce_>..•c0 All CW-� oa ac f..•. ,.. i vw .:. CrTtJ1.a.•l V,&TER EgQ'^H�'� s-�.-a+T w_ MLf s«• i t ' IM �LT..wZ_rCT Ct I r,fo GTAN •IOT�CE cr.6.l. M ft-Oat �. ..r► �t Mom.. w.M ww A 1r.....00 1 _�40 r.....r. �+. .. v+. •� .�. ui.._ NQ=1NG C%.EA►? MTAI L t I r`4 • { II 1` i , 4 ♦LL wT ICM w.. �.. .� w�.-..... • LAKE rl I NNE TO PIKA all! PROPOSED WALL (FEC) P - , -� -- 1.3 p - ?. '4 "pig,) (L A G- C .) m A I i 777 i I24. I Xi$TiING u�Cf_ �I+ ;ECi�GA;:� l NO"c LEAL MA.,# �.a0ET � tS� I � +\ fi^� iP"-..._, riF ..HOt'`-Li'�t rp DI. { Joe7i i DIPAR1MINr Or LZMLO NA-02670-04^.a ; Rev us1 NATURAL lt(SOUIM AL UNIT OF GOVERNMENT COMMENTS PART s Section I (To be compl , r5( Name of Applicant i Address (Stri•ei. RFD. Box No City. State. Zip Cod(-) �l t�ILLUni: �L1:Il 1535 Lohns rt. vC. , Orono, Minnesota 55311 Ouarter Sechon(s) SecUon(s) Township(s) Range(s) County(ies► PROJECT LOCATIONljeruie�in Protect will affect (name And number 01 lake, wetland, or watercourse) ------ -- Lake Ninnetciika lr b stmlth I tore y u) 1 is app rCetion IOr permit to (mark Proper box) [appropriate water — [Dwo•k iti protected waters — Signalure W Alfplrcanl Veter L•aciiman, Date X /�,1/;_for 1r_.- Liri 11 L 1 k Section 11 (To be completeu by local unit of government) The to'lowing local unit of government comments and/or recommendations are submitted for consideration by the Department of Natural Resources in the disposition of the referenced permit application (YOUR RESPONSE MUST BE SUBMITTED TO THE DNR WITHIN 30 DAYS.) Water Appropriation Permit Applications are to be sent to the Central 1- fice, St. Paul, and Protected Waters Permit Applications to the DNR Regional Office SEE REVERSE SIDE FOR CORP,ECT MAILING ADDRESSES) --� 1✓,.�,,,.. C�„21,�:�,,� � �-�..., �L,.. Pam.-�.,�� y�;.r.1r� °��,.-- - � ,��►�.�..:.� �; �..,.. .�.�-ter DNR - ,C.q "i s. ,,, 46 i se A4 '-10'-- r)-, zt�i Was the proposed prniec.t field inspected by Mis local un,t of government' �rc [YE!, (it Ye!' give vlewer's name) V /ewe r s Name 1 if IV 4utTiled f ri�iturr 1 t�� -- 47 piilf• jT�eleirhone No t Arsr COsl1 c+ fespond,n Soil and Water Conservafron District &&Iorshed District. City or Count, Add�fls of the str wr riamird 1 81 unit of prirefnmwwt Bnriewn of warta.s "afe"Os on brae! �I. LICENSE AGREEIMENT PERMISSION TO OCCUPY REAL ESTATE _._CITY 0- 1-AL-- Agreement made this day day of _ �'��-�I 1983, between Gerald M. Blohorn, 1595 Bohns Point Road, Wayzata, Minnesota 55391, herein called Licensor, and William J. Ulrich, 1535 Bohns Point Road, Wayzata, Minnesota 55391, herein called Licensee. In consideration of the mutual promises herein contained, the parties agree as follows: The Licensee desire:: to constr::ct a retaining wall along the shoreline of his prcperty on Lake Minnetonka. Said shoreline is situated in a laqoon on which Licensor also owns shoreline property. Both Licensor and Licensee desire the Licensee to extend his wall approximately fifteen to twenty feet along the shoreline and onto '-.he property of Licensor. GBA::T OF L-I "SDESCPIPT_IO:: O= nar•c � .-- Licensor hereby grants to Licensee a license to occupy and use, subject to all of the terms- and conditions hereof, a portion of the shoreline of the following described premises: Lot One, Lydisrd:. Park, Lake Minnetonka S LC_T..T ' 1! 1 Tr; Q L,L%-'ITLTTQN TO DESCRT ED PU PO F. The premises may be occupied and used by Licensee solely for the purpose of install'ng and maintaining a retaining wall along approximately fifteen to twenty feet of Licensur's shoreline property and for incidental purpo_-,eL; related thereto during the period commencing as of the date of this Agreement and continuing until this Agreement is terminated as hereinafter provided. SECTION THREE This permiLsion is given to Licensee for the benefit which the Licen;or will receive from the retair..n,:: .all and as an accommodation to Licensee and z-hall be rent free. Lien--ee hereby acknowledges the title of Licensor to the above -described premises and agrees not to assail, resit or den; such title. .q F. C TZCIL-LQ.UA Either party may terminate this Agreement at any time upon the giving of thit.;• 33! days written notice of termination to the other party. Ih WITNESS WHEREOF, the parties have exe -:�tld this Licen:o= Agreement on the day and ,year first above written. Licensor GeraldVN1 Eshorn Licensee 71 William J. Ulrich )Nk R STATE OF DEPARTMENT OF NATURAL RESOURCES t 1200 Warner ltuu0, St. Paul, Minnesota 55106 PHONE: 296-75Z3__., File N _ -- June 7, 1983 Mr. Peter H. Bachmann Brooker, Hartfeldt, lledyes and Grant 2850 Metro Drive, Suite 800 Minneapolis, Minnesota 55420 RE: RETAINING WALL PE1011 T APPLICATION 1;3-61.50, WILLIA14 ULRICIi Uc-iar Mr. Rachmaran: In order to complete the processing of the subject permit applical-ion, we request that a metes and bounds legal description be submitted. Any permit for a retaining wall mutt tie title registered and therefore, this: informa- tion is needed. Also, as we discussed over the telephone-, the Department of Natural Resources (DNR) regulations generally discourage the construction of retaining walls excelt where other measures of erosion control are precluded or direct ,;hore- land docking is needed. The DN1,1 review criteria for retaining walls are con- tained in the DNR Public Waters Permit!. holes 6 MCAk $ 1.5023 (E) (photocopy enclosed). Based on our review to this point on Mr. Ulrich's proposal, there appear, to be an erosion problem and a demonstrated need for muskrat control. A retaining wall would be one method of controlling these problems. Our re- view is not complete as to other alt.ernativen available to Mr. Ulrich, but it seems that the retaining wall. propo^al is net, inconsisten* with DNR rulcz. Please forward two (2) copies of the mete and bounds legal description for Mr. Ulrich's property. If you have any further qut-stions, please do not hesitate to contact me. Sin rely, Jo r Linc Stine, Area Hydrologist M o Region Division of Waters JLS/ch EncloSUre cc: City of Orono William Ulrich A" EQUAL OPPOHI UNI T Y EMPLUI i k CITY of ORONO 1'ost ()Mee flux 66 a Crystal flay, Minnesot j 553230 Municipal Offices On the North Shure of Lake Minnetonka June 22, 1983 Peter H. Bachmann Brooker, Hartfeldt, fledges & Grant 2850 Metro Drive Suite 800 Minneapolis, MN 55420 Re: Retaining Wall Application 83-6150, William Ulrich Dear Mr. Bachmann: The City of Orono will require that your client file a conditional use permit for the prr,posed retaining wall. I believe I have talked to both you and your client concerning this matter. Please make arrangements to come into the City offices as soon as possible to obtain application information and the schedule of upcomi::g meetings. Please contact either Jeannr. Mabusth or Alan Olson at the City offices if you have additional questions. Sincerely, Jeanne A. Mabusth Zoning Administrator - Enclosure cc: John Linc Stine Metro Region Division of Waters Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 §UILDI%iC & 10%IVG 071 7151 • AI)MINISINA"ON & HNANCt ANSt;Z 'N( William Ulrich 1535 Bohns Point Rd Wayzata, .-,N 55391 171 715K • rt 1IX %04tKS 473-7}"0 JOHN M. BROEKER• WILL H A R T P E L O T STEV IN R. 14EOGE9 D A V I D A. GRANT STEVE M. MIHALCMICK- BARBARAJ.BLUMER SAMUEL D ORSOVICH E"'EEN M. ROBERT5 T E R RI A. H AG E M! T E R HOWARD J. RUBIN JAMES W. INGISON PETER H, B A C H M A N •ADMIT tED IN MINNE90TA AND WISCOK-51N ALL OT"COS ADM-TE.. . MINNESOTA HROEKER, HARTFELDT, HEDGES & GRANT ATTORNEYS AT LAW 2830 METRO DRIVE, SUITE BOO MINNEAPOLIS (BLOOMINGTON, MINNESOTA 435420 TEL I6i21 BSa 5263 City of Orono P.O. Box 66 Crystal Bay, MN 5j323 Dear Sir or ,.Madam: June 29, 1983 ��II i•' i i JUN 3 010 a i ORf} S.. WISCONSIN OFriCE BROEKER,HARVEY,HOUGH 6 HARTFELDT FIP3- WiE rONSIN CLAZA, S... -E 3•? I SOUTH PINCKNET STREET MADISON, WISCONSIN 53701 TEL IBO81 25-3 ?:90 W A L T E R L, H A R V E Y ,TAMES E. IMOUGH K A T H R Y N M C O_ L I N 5 1), C JC' ,%EL HO RPE ME RR MA•. Enclosed please find a conditional use application for a permit to build a retaining wall on the property located at 1535 Bohns Point Rjad, Orono, Minnesota. Enclosed also are the required attachments to the application and our check in the amount of $100.00 to cover your cost for processing this appli- cation. We understand this application is beinq submitted in sufficient time for this matter to ix, placed on the July 18, 1983, Planning Commission agenda. Should there be any problems with the application, please notify Peter Bachman at once so that they may be resolved in ti_� for the July 18 meeting. Very truly yours, BROEKER , }iARTFELDT, HEDGES & GRANT By N ane y--T. NyWerg� Legal Assistant N TN /dmp Enclosures TO: Planning Commission FROM: Jeanne A. Mabusth DATE: July 13, 1983 SUBJECT: #760 William Ulrich, 1535 Bohns Point Road - Conditional Use Permit Zoni.ig District - LR-1B Area - Approximately 3.7 acres Application - Per Ordinance 31.700 - Conditional Use Permit for proposed seawall. LIST OF EXHIBITS Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey - Site Plan Exhibit E - DNR - 6MCAR - SS.5023 Exhibit F - DNR letter to applicant Exhibit G - Agreement Exhibit H - Cross Section Exhibit I - Borings Exhibit J - Installation Elevation Exhibit K - Seawall layout Exhibit L - Council Minutes (7-28-80 - Application #569) Exhibit M - Council notice Ulrich seeks a permit for a seawall to control the erosion caused by muskrats of the shoreline of his portion of the lagoon and 20' of his neighbor's lagoon shoreline. The neighbor has signed an agreement.(Exhibit G) to permit the extension of the seawall into his property. This is actually protection for the neighbor, Blohorn, because when a seawall is installed for the purpose of controlling bank rats, the rats usually move to the noighbcrinq_ properties. The lagoon is an ideal habitat for the muskrat. Trapping is not the answer as we learned in :2ter Switenki's seawall application #569. The DNR has in- �cte(' the site and confirms the muskrat problem. Unfortunatelv. ie only effective urofection against this type of intruder is ;he seawall. Review D.:k GM CAR SS1.5023 L. Retaining Walls (Exhibit E). Review in addition, the DNR letter to the applicant (Exhibit F) - "a retaining wall would be one method of controlling these problems" - outside of trappinq, what others are there? Remember rip rapping does not work with muskrats because they burrow in between the rocks. #760 William Ulrich 1535 Bohns Point Rd Conditional Use Permit Page 2 REVIEW OF SEAWALL. INSTALLATION The seawall will be of an earthen tone aluminum installed in sections (size of individual sections not noted). The wall will be 20" above the ordinary hiqh water level and the total wall 8' high. 6 1/3' of the wall will be located u:ider the water and lake bed (See Exhibits I1 & I). Exhibit K, does show the number of deadmen/anchoring devices to be placed within defined areas of the shoreline. Exhibit J does show an optional redwood walk along the edge of the retaining wall. We must recommend against this ad-,itional improvement and recommend instead a natural rock walkway. How is the wall to be capped and with what material? STAFF RECOMMENDATION Staff recommends that Planning Commiss�un review the Council minutes of July 28, 1980 (Exhibits I, & M) that reviews the Switenki application. I would suggest that Planning Commission make a similar recommendation for this auplication as follows: To approve a conditional use permit for William Ulrich for the installation of a seawall along the lagoon area of his property and 20' of his neighbor's property subject to the following conditions: 1) Seawall to be faced with natural stone rip rap - Planninq Commission may recommend against this finding the wall to be only 20" above high water mark and lagoon is loclited in secluded, protected area. 2) Any pathway or walkway along edge of seawall must be pervious to water and made of a natural material. 3) Applicant must obtain a building permit from the Building Inspector for seawall construction. 4) Applicant. must obtain a seawall permit from the M.C.W.D. - A DNR permit has been applied for. CITY of ORONO Post Offi(v Box fib•Crystal Bay, Minnesota h53:,:i•Municipal Offices On the North onore of Lake Minnetonka July 15, 1983 Glenn Cook Bonestroo & Associates 2335 Highway 26 St. Paul, MN 55113 Re: i #76 illiam Ulrich - Conditional Use Permit 2) 64 Calvary Memorial Church - Variance + Conditional Use Dear Glenn: Please review tLe above referenced applications sent to you under separate cover in the Planning Commission Agenda packet. I will need your comments by August 1, 1983. Please contact my office if additional information is required. Sincerely, Q-n Je nne A. Mabusth Zoning Administrator WILDINIC & /()%1%( 471-7157 • AI NINISINA110% A 1 IN %%('1 473-7134 • /i'1f K %Q61115 47)-7)$9 ASSt MI«. STATE OF U`J DEPARTMENT OF NATURAL RESOURCES BOX 32 . CENTENNIAL OFFICE BUILD,NG • S1. PAUL. IAINNFSOTA • 55155 DNR INFORMATION (612) 2Y6-6157 F,J N() July 15, 1983 Mr. William Ulrich 1535 Bohn's Point Road Orono, Minnesota 55391 Dear Mr. Ulrich: PERMIT APPLICATION 83-6150, CONSTRUCTION OF RETAINING !BALL Enclosed is your permit to construct a retaining wall on Lake Minnetonka. Please note that this permit must be title reg4stered in the office of the County Recorder. Upon receipt of such recordation froln ycr,1, a Notice of Permit card will be forwarded to you. You do not have authorization to begin this work until you have received such Notice of Permit card and posted same at the project site. Please sent the certification of recordation to the following address: Department of Natural Resources Metro Region Division of Waters 1200 Warner Road St. Paul, Minnesota 55106 If you have any questions regarding this permit, please contact Mr. John Stine (296-7523) for assi,.tance. Sincerely, DIVISION OF WATERS J es F. Coouer, Adios ststrAor Cater Development . tion JFC/JLS:ch cc: Peter Bachmann, BHH & G Mary Marx, U.S.C.E. Hennepin County SWCD Minnehaha Creek WSD LMCD t City of Orono Curt Nelson, C.O. St. Paul Waters Lake Minnetonka file Enclosure AN LUUAI OPPORR.,,NITY EMNLciYEN MINUTES OF THE PLANNING COMMISSION MEF,TING OF DULY 18, 1983. Page 10 �9768 WILLIAM ULRICH 1535 BOHNS POINT RD CONDITIONAL USE PERMIT William Ulrich and contractor, were present. Mr. Ulrich presented pictures of the lagoon area. Mabusth reviewed with the elanning Commission that the DNR confirmed that Mr. Ulrich's property is being damaged by muskrats. McDonald noted that when Mr. Ulrich's property is fixed by putting the seawall up that the muskrats would go to the neighboring properties. Mabusth noted that this application was similar to the Switenki's muskrat problem in 1980. Goetten noted that by installing the seawall that they would be disturbing the area. She asked what type of machines would be used. Shawn, contractor, stated that a jackhammer would be used. He noted the sectic.-i would be 9" wide and the thickness would be 8" al,..,minuni. Shawn presented an example of the seawall structure that is proposed. Applicant's contractor stated that the wall would be constructed 20" above the water line. He noted that crushed rock would be installed behin.1 the wall so that the water on the back side from the soil will f i 1 ter out through the crushed rock and out through the little holes in the wall. He noted that the hardcoat on the outside and stated that the alg-ie will not stick to it. He stated that he has this type of seawall already installed in the City of Orono right now for muskrat control. He stated that in Pheasant Lawn (Bergess Family) this type of seawall is working beautifully. Also in Walters Port (Hartman residence) has aluminum which is hol-iing upnicely. Fie noted that the DNR does approve these types of seawall installations and that the DNR does not like to try to trap the muskrats. He noted that these seawalls are installed in the bay marshy areas not right along the shoreline of Lake Minnetonka. McDonald --isked him where the muskrats would go when they take their home away from them. Applicant's contractor stated that the muskrats would preferrably pick a marshy area for their new home. Coet_ten noted that the City Engineer should have sore imput on this type of application and also that the neighbors �;hould hrve some imput . She stated the she would like to heir some of the DNA's "ctt.^r Alternatives" to this muskrat prr,blem. MINUTES OF THE PLANNING COMMISSION MEETING OF .JULY 18, 1983. Pare 11 ULRICH (CONT) Mabusth stated that she had never been made aware of any other alternatives to muskrat problems from the DNR. She noted that this seawall method was an acceptable method to the DNR. 1761 DOUGLAS SMITH 3237 CASCO CIRCLE VARIANCE Callahan noted that the Council minutes of July 28, 19RO reflect that there are no other methods for the muskrat problem. Goetten moved to table Wi l l i am Ul r i --1' i appl icat io,, pending receipt of input from the City Engineer, the DVR's "other methods", and the neighbors. Goetten would like to inspect the other sites in Orono that have seawalls to see if the seawall solvers the prablr,rn. Also for staff to check out the jrainageway. M--Oonald seconded. 'tote: Ayes (4) , Nays (1) . Adams minority opinion - Adams noted that he felt that the problem, Mr. Ulrich has with the muskrats is very urgent. He noted that Mr. Ulrich ,as a very well thought out plan eliminating the safety problem he has on his property and to table the application may be creating a safety hazard. Anyone -an step into one of the muskrat holes and break a leg or a small child could fall into one of thos,r and drown. Mr. Ulrich stated that he raid fill in the holes caused by the muskrat,.;. Mabusth not,Fd that Wien she took the appl ication in it appeared to be a simple lot of separate record and it ]id not tnaet 11% of the stan,lards. While doing the review she found a problem of comnon ownership. Two neighbors were present for this application. lane Remien and Pat Spilseth. The huilder was pr,asent for O,auglas Smith. Sime aske,J if there wasn't a comcnrn o iership problem would staff hAve any other problems with this application. Mabusth stated that if this was a lot of separate record, staff would still have a problem with this application. Goetten asked the neighbors if they had any ,comments. Pat Spi 1 Seth stated that she would be opposed to this variance application because their lots are so close together and the noise level could be bad. Jane Rem .•n stated that she too would be c,pposed to the gar larv_-e sppl iestic,)n !-)er*ause of the tots being so -lose together. She stated if the lot isn't right -cize h-)w ran you justify buil,iin,J on i t 7 AITY of ORO`TO Post Office N)x 66 a Cry staI flay, Minnesota SSa'�:1 • %Iunicij)aI Offices Telephone 471 7357 William Ulrich 1535 Bohns Point Rd Wayzata, MN 55391 • Peter Bachman Broeker, Hartf.eldt 2850 Metro Drive Control No. 760 _ variance Conditional Use Permit Subdivision, Preliminary Suite 800 Date of Notice Bloomington, MN 55420 NOTICF. OF PLF.NNING COMMISSION ACTION Date of Meeting i 7-18-83 ,'o t e s: __A_ F o r l__ Against Planning Commission recommends the following: —7--19 -_8 3 ---- cc: John Linc Stine Area Hydrologist DNR 12011 Werner Rd St. Paul, MN 551,06 Approval: As submitted Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted _ Tabled: Pending receipt of additional information from applicant X Tabled: Pending review by other-, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS The application has been tabled pending receipt of the following: ! - Report from City Engineer -reviewing engineering_ information; 2 - Staff to seek report from DNR regarding sites .inspection _and information on "other _methods to, control muskrat damage" as__cited __in letter of June`7, 1983; 3 - Staff -to inspect drainageway to east of lagoon and confirm seawall will not affect the natural dr.aina ewa Planning Commisel� 9 Y- during the next month wi:l inspect other properties that have installed seawall I� Applicant's next scheduled meeting is confirmczd as: Applicant's additional meeting is for the Planning Commissior _August 15_, 1983 Council next scheduled meeting is dependent upon information. Deaci1.ine for the or. __--- meeting. receipt of In all cases, the application must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant hay; trouble obtaining a1Jit ional inform.-tt ion, please contact the 'Zoning Administrator. If you desire certifit-! copies of the, c)ffiCial Planning C--)r,m!nnion ltinutts they a t e ava i l ab lc- from the Bu i ll i n,1 and Zoning Se -: r e t a ry .il,on rvv tew and approval by the Planning Commission. YR-8 STATE OF DEPARTMENT OF NATURAL RESOURCES 1200 Warner Road, St. Paul, Minnesota 55106 PHONE, _ 496-7 51 July 21, 1983 Ms. Jeanne MabUSth City of Orono z 2 P.O. Box 66 Crystal Bay, Minnesota 55323 RE: WILLIAM [iLPICll RETAINING WALL-DNR PA 83-6150 CITY OF ORONO Dear Ms. Mabusth: Enclosed is a copy of the Department of Natural Resources' Permit No. 83-6150 which has been issued to Mr. William Ulrich for a re- taining wall on Lake Minnetonka. I have reviewed the notice of the City of Orono's Notice of Planning Commission Action on the conditional use permit for Mr. Ulrich's re- taining wall. This letter is in response to the special condition number two (A2) of that notice which requests a report from the DNR. I made a field investigation of Mr. Ulrich's property on May 10, 1983. At that time, I noted evidence of shoreline erosion problems in the small lagoon. The erosion is, in my opinion, a combination of muskra' activity combined with poor soil types. The DNR's issuance of Permit 83-6150 is based on the minimal impact of the proposed wall. Also, other alterantives (such as riprap) would no4- provide greater protection than the proposed wall. Please feel free to contact me if you have any questions. Sincerely, J Line Stine, Area Hydrologist :N ro Region Division of Waters JLS/ch Enclosure cc: William Ulrich Peter Bachminn, AHH 6 G AN EQUAL OPPORTUNITY EMPLOYER 43 �{(5 � n"e _Cifs� tx �ai+v MESSAGE 0-'&ok4&q tqpi-- cv, Vtc tA AV lAkO 1 pvvz�-�Z" flf,PLYI Speed Letter.. lr. 6�s ��,-_ Lam..: Z&44--r I- k'4- 11111L� C'JITIP-Ifly O-e- Hu 6-e-dY- O&ac4t)-c I'l fc a.QQiucY� �,tzff-- Ads 41 -4 ? /F7- R � ♦ '-i a t +, tiMi.. •� N. aid%.I �.. F.. b3 �� e pR �� _ •1ZY.-rf, xr if / "G� Jlr !IS I �tr vS hr •= n•, 10 • . 1. +. ;L, c� a•r �—� 12,50) pp4N , �'N• � ,l! �� l'15 LG � O ID 40- ?11?f i yd• n JUN 3 o Ili h CITY OF ORON 1 REGULAR Mr.KT 1 NG OF THE ORONO COUNCIL, JULY 28, 1980 Page 22 The original lot line real ignm(?nt wits presentod in the form of a metes and hounds division, but because of the length .and complex legal description Involved, staff has had to require a plat. The applicant has been informed of the problem. At -his meeting, Council will be acting on a preliminary plat approval. Commission members did not wish to connect the perking violations of the Ward property with the subdivision application. I would still recorwriend that Council direct staff to work out a safer off- street parking use with the applicant. Planning Cornmission'Meeting - July 21, 1980 Planning Commission recommended approval of the lot line realign:�1,!nt subdivision of Stephen Ward based on the following findings: 1. Correct existing setback problems for the principal and accessory structure 2. Division will not create setback variances for Major's property 3. Applicant may now maintain his property and structures without encroaching on neighbor's property based on the following conditions: 1. That the smaller parcel, legally described on the Certificate of Survey, be combined with the Ward property 2. Adams added that Council should be aware of parking use at the Ward property_ Council Meeting - July 28, 1980 Butler moved, Hurr seconded, to approve the preliminary subdivision request of Stephen Ward, 4695 North Shore Drive, per the Planning Commission recommendations of July 21, 1980. Motion, Ayes (5) - Nays (0). SUBDIVISION 4695 North Shore Drii (Continued) tUan Olson, City Planner, entered into the record CONDITIONAL USE PERMI' a memo prepared by Jeanne Mabusth, Zoning Adminis- 45.1II-3lQrth Shore Drivr trator, for a conditional use permit for Peter #569 ` Switenki, 4510 Nor#.% Shore Drive, dated July 23, der Switenki 1980, which state.: (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 Page 23 The conditional use permit is requested by Mr. CONDITIONAL USE PERM] Switenki to construct a seawall along his shoreline 4510 North Shore Dri% to combat a muskrat invasion. I had originally #569 refused the Department of Natural Resources permit Peter Switenki requesting seawall construction Decause the property did not abut a channel. I recommend rip rapping. Mr. Switenki then recontacted me and informed me of the severity of the erosion along the lakeshore and the pot holes that create hazardous conditions for his young children at play, all apparently coming from muskrat activity. It should be noted that the entire shoreland area of this and the neighboring properties consists of dredge spoils and fill p'.aced over a former wetland some years ago. Th.s apparently makes the area especially susceptible to muskrat habitat. There are holes in the lawns, but a personal inspection is necessary to determine the relative severity of the situation. 7 cannot say that it is any worse here than in many other areas of the City. The Department of Natural Resources and the Minnehaha Creek Watershed District would normally approve of seawall construction as an acceptable method for controlling muskrats. Rip rap would apparently not be effective against the bank rats because they could tunnel between the rocks. Mr. Switenki has hired a trapper but he gave up - the area was an ideal breeding ground and trapping was never going to solve his problem. The local game warden has been out to the site and approves the seawall as a sure method of success but could not recommend another method more acceptable to City's policy of shoreline protection. The City Engineer approves the engineering plans and feels it is an expensive method but sure to be successful. He cautions that the neighboring properties will get the overflow of bank rats and that before the City approves of the project, owners of adjacent properties should submit letters stating they approve of the proposal. The Planning Commission questioned whether other methods more in keeping with the City's shoreland policies might not be available. Eventually the Planning Commission did recommend seawall approval in this particular casc. (Continued) 1k REGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 Page 24 Staff wou14 suc,gest that if indeed a steel sheet is desirable to control the muskrats (is that control desirable?), then perhaps rip rap might be added on the face of the wall to protect it and to preserve a more natural appearance. The bank is only about a foot above the water at this point and the lake bottom is very shallow. Council Meeting - July 28, 1980 Mr. Switenki was present to discuss his application. Mayor Van Nest: The City requires rock or rip rap and does not approve of a seawall or steel sheeting. A seawall creates disruption of the lake bottom because of the lack of a shock absorbent effect prevalent with rip rap. t'r. Switenki commented that a seawall is very expensive and it would not be financially feasible to construct a seawall faced with rip rap at this time. Hannah moved, Butler seconded, to approve the conditional use permit request of Peter Switenki, 4510 North Shore Drive, to construct a seawall not to include rip rap. Hardship is topography of the land. Motion, Ayes (2) - Nays (3). Mayor Van Nest, Councilmembers Hurr and Paurus Nay. Motion failed. Mayor Van Nest moved, Hurr seconded, to approve a conditi-)nal use permit to construct a steel sheeting seawall faced with rip rap with a G2-1 slope as per Building and zoning approval. Motion, Ayes (5) - Nays (0). CONDITIONAL USE PERMIT 4510 North Shore Drive (Continued) Councilmember Hannah vacated his seat at the Council SUBDIVISION table. 1406 Bohns Point Road 1571 Alan Olson, City Planner, entered into the record (`regg Hannah a memo prepared by Jeanne Mabusth, Zoning Administrator, concerning a subdivision request of Gregg Hannah, 1406 Bohns Point Road, dated July 23, 1980, which states: Zoning District - LR-1B Gregg Hannah proposes a metes and bounds division of Darrell K. Stewart's property to the east of his lot. As the applicant explains, the realignment will "reflect natural topographic lot lines". The subject area hos be-n maintained by Hannah for many years. The subdivision will create no setback variances for the Stewart property. The Planning Commission approved the subdivision application of Gregg Hannah subject to the enclosed staff resolution. (Continued) CITY of ORONO Control No. 569 AA Pool Office Box 66*Cryutal Bay, Slinnesota 5532:IeNlunicipal Offices TO: Meeting Date 7-2s-so Notice Date 7-30-80 Variance x Conditional Use Permit Subdivision, Preliminary MCWD - Holmquist Subdivision, Final Copies to: DNR - Lokkesmoe Mr. Thomas Jacobs irit�Ir�k�k*�k�hk�lr�lc�lnk�lnk�k*rolt�cylnlc�lnk*�Ilntk9lr�r��k�k9{r�InksY�Ir�lr�c��k*�k��k�k*Ank9hk*�nk�Ink�k�lnk�kk�k�k-c;'-�:'r:'r;'�-�'cs'c�:':-':�:::�k�kyk�kti Mr. Peter 4510 North Mound, Minnesota Telephone 473-7357 Switenki Shore Drive 55364 COUNCIL ACTION Vote: 5 For 0 Against Abstention MOTION Council approved Your request for installation of a seawall provided it is faced with natural stone rip rap on the lake side. Council specifically noted that after seawall installation, but before rock installation, you could return with a request to reconsider the requirement for rock. You must acquire a building permit from the City inspector, and seawall permits from DNR and MCWD. k#�kik�iF*�Ik�k�ikdlri�Ank�A7k�lrylr*�k�k�ink�k�k�Y�k�lnfnk*�r*�Ierolr�k�Y�e�ks'e�k�t�k�k****sY�kh �;ti�r�r7Y4;*►rye-k�e-k-=:-:-�rtk�k�ir*fir*�hk�k�k�k*">k7k7k7� DEADLINE DATE July 28, 1981 for submittal of new information (apple. -scion may be considered formally withdrawn if information or explanation is not provided). XX for Work Permit for work to begin XX for ..ork to be application completed XX WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. XX CONDITIONAL USE APPROVAL, expires upon change .-,f ownership or use, or on deadline date specified above. PRELIMINARY SUBDIVISION APPROVAL, - Applicant must provide all information and/or improvements required for final approval. Contact -oning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with certification of such recording returned to the City by deadline date. _ Certified copies of official City Council Minutes may be obtained Sv contacting the City Clerk. Allow at least three weeks fcon meeting date. dr. A-4 A/Aer. " sslls P M & 612 - 636-4600 An*Is& l- goo -642-6573 August 5, 1983 City of Orono Box 66 Crystal Bay, Mn. 55323 Attn: Ms. Jeanne Mabusth Re: File No. 139-760 William Ulrich Dear Jeanne, unu G Rorrrilloo. P f NOW, M Rower. P E lowPA ( Andrdsk. P f Rladlord A ( emAof. P I Ru hard E Turerr. P f Jew,( Of—, P E ('/ .. R Cook, P E Aatk A Gwdon. P E TAoera f NonH. P E Rwhwd M forro, P.E Robert G P E .Marc. L. Sw.ele. P E honeld f Rur,erdt. P f beer A Bourdon. P E Mirk A Hemon, P f Ted A fwM. P E .Whatrl T Reuneenn, P E Rolm R PJr/prk, P E Cbrlri A krwk— / ro .kf. PewhA i Harlan N Ulu. We have reviewed the proposed seawall on the William Ulrich property at 1535 Bohns Point Road. The proposal would not have an; adverse effect on Lake Minnetonka with the exception of a visual impact. The wall will improve the lake by preventing further erosion of the shoreline. The plans presented are adequate in concept but we would recommend that the City require the plans be signed by an engineer registered in the State of Minnesota. Yours very truly, BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Glenn R. Cook GRC:li 625ab TO: Planning Commission FROM: Jeanne A. Mabusth DATE: August. 8, 1983 SUBJECT: #760 William Ulrich, 1535 Bohns Point Road - Conditional Use Permit Application - Conditional Use Permit For Seawall At your July 18, 1983 meeting, Planning Commission asked for additional information on the following: Additional Information From DNR Mr. Stine has submitted a follow up letter dated July 21, 1983, and then another follow up memo dated July 22, 1983, in order to clarify his statement "other methods of controlling these problems." Very briefly to review - Seawall is only method known to sup^essfully combat muskrat investation - rip rap is ineffective. His site inspection confirmed "muskrat problems combined with poor scil types". It should be noted for the public record that the DNR issued a permit. to Ulrich prior to the City's action on the application; in fact prior to the Planning Commission meeting of July 18, 1983. Draina4e Concern The City Engineer and I inspected the drainage area in order to determine if the seawall would have any impact on the drainage basin located between the Ulrich and 31ohorn properties. The seawall will have no effect on the watershed finding adequate grassed area within the basin to contain surface runoff. Notices to Neighbors Blohorn's property, given the location of the lagoon in relation to abutting properties, is the only effected property owner. Blohorn has consented to a 20' extension of the seawall along the north property line of his portion of the lagoon. There is 200'+ of shoreline that separates Louis E. Navin's s►oreline from the lagoon area; this is the property owner to the immediate north of the Ulrich property. Please note Louis E. Nevin received notice of the Ulrich application. #760 William Ulrich 1535 Bohns Point Rd Conditional Use Permit Page 2 Engineer's Report Please review the engineer's report dated August 5, 1983. His only condition for approval is that the plans must be signed by an engineer registered in the State of Minnesota. This request need not hold up any action by the Planning Commission - if approved by Planninq Commission your recommendation would ask that work could not begin until the plaris are signed by a registered engineer. Staff Recommendation To approve a conditional use permit for William Ulrich for the installation of a seawall along the lagoon area of his property and 20' of Gerard Blohorn's property subject to the following conditions: 1 - Need to face seawall with natural stone rip rap - Planning Commission may recommend against this condition as this is based on overall visual effect of seawall on mainlake and lagoon is in a secluded, protected area. 2 - Proposed pathway along edge of seawall must be pervious to water and made of a natural material. 3 - Prior to applicant obtaining a building permit for seawall construction, he must submit plans signe9 by a licensed registered engineer. 4 - Applicant must obtain a permit frotr the M.C.W.D. for installation of seawall. MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 15, 1981. Page 9 LAKE MINNETONKA HOMES (CONT) Kelley minority opinion -Kelley noted that there is a need to address the appropriateness of the curb cuts in the northeast corner of this plat and also the total development. He felt there request was in excess of what the City should grant. #695 GUENTHER ROTH 1428 BALDUR PARK ROAD VARIANCE' Guenther Roth's plant manager, George Stodola, was present. Mabusth noted that Mr. Roth cannot accept the garage going on Lot 8 and Mr. Roth prefers the garage to go on Lots 17 and 18. George Stodola noted Mr. Roth'_ concerns with the Planning Commission's previous otion. He noted that '1r. Roth doesn't want to be so limited that he cannot update his property. He stated that Mr. Roth is requesting that the garage be pti, on Lot 17 and 18. Goetten moved to deny Mr. Rt h's request to put the garage on Lot 17 and 18 but tc. ivprove the two stall, single story garage on Lot P subject to the following conditions: 1. Detached garage to be pla-E(, on Lot 8. 2. Owner must obtain a demol i t: on permit for remc.val of existing garage on Lots 17 and 18. 3. All roof drainage to be directed away from lake towards Baldur Park Road. 4. Building Official will determine if soil borings are necessary for a floating slab. 5. Owner is placed on notice that the City will not approve future improvements to this property if they require variances. s,. Applicant must tear down exi: ing garage prior to issuance of building permit. Rovegno seconded. Vote: Ayes (r,), Nays (0). #760 WILLIAM ULRICH 153S SOWS POINT ROAD CONDITIONAL USE PERMIT William Ulrich was present. Mabusth noted that in her memo she addressed all the questions that Planning Commission had requested at their last meeting. Planning Commission found no further problems. Goet ten moved to approve a conditional use permit for W, 11 iam Ulrich for the installation of a seawall along the lagoon area of his property and 20' of Gerard Blohorn's property subject to the following conditions: . MINYTES OF THE. PLANNING COMMISSION MEETING OF AUGUST 15, 1983. Page 10 #750 WILLIAM JLRICH 1. Proposed pathway along edge of seawall must be (CONT. ) pervious to water and made of a natural material. 2. Prior to applicant obtaining abuilding permit for seawall construction, he must submit plans signed by a licensed registered engineer. .1. Applicant must obtain a permit from the M.C.W.D. for installation of seawall. Kelley seconded. 'Date: Ayes (5) , Nays (0) . Mabustl. noted for the record that the DNR approved this application prior to the City ever reviewing it and after the City had formally asked to act on the application prior to DNR action. #764 CALVARY MEMORIAL CHURCH 2420 DUN6:OODY AVENUE VARIANCE 6 CONDITIONAL USE' PERMIT Bert Heglund was present. 'Howard Johnson, representing Calvary Memorial Church, was present. Goetten asked if the applicant was r-ble , o cut drown on the hardcover in the parking area? Mabusth stated that the City Engineer is in favor of the porous pavement and that the Engineer recommended reducing effects of excessive hardcover by making holding pond more pervious to water, by adjusting outlet for holding pond so that drainage leaves property at a slower rate than the allowed rate and the use of porous pavements for sections of parking lot. Heglund noted that with the porous -avement for every square foot of area the block consumes 85% of that square foot, so the hardcover may vary. Howard Johnson noted his concern for the drainage. He stated that he didn't want to get flooded out any more than he is now. Heglund noted that the holding pond would take care of that drainage problem. Callahan moved to approve the conditional use permit and hardcover variance application of Calvary Memorial Church to permit the construction of an 91' x 104' sanctuary and the expansion of a parking lot based on the finding that the proposal is consistent with guidelines setforth in Resolution 188F with this approval subject to the following conditions: 'ITS' of ORONO host Office Boa 66•CrystaI Hay, Minne,ot-i .`,5:i2 *MunicipnI Office% Telephone 473.7357 William Ulrich 1535 Bohns Point Road Wayzata, MN 55391 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting _ Votes: 5 For 8-15-83 Against Planning Commission recommends the following: Control No. 0 _ Variance X Conditional Use Permit Subdivision, Preliminary Date of Notice 8-22- _ Approval: As submitted XX— Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted _ Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS 1) Proposed pathway along edge of seawall must be pervious to water and made of natural material; 2) The building inspector must be in receipt of Plans siqned by a licensed enqineer before he can issue a building permit for the seawall; 3) Approving permits from MCWD and DNR must be submitted with building permit application. Xa Applicant's r xt scheduled meeting is confirmed as: Planning Commission Council Septe er n Applicant's next scheduled meeting is dependent upon receipt of L`I additioral informat ion. Deadline for the meeting is or for the meeting. In all cases, the application must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant hits trouble obtaining additional information, please contact the Zoning Administrator. If you desire certified copies of the official Planning Commission Minutes they are available from the Buildin-; and Zoning Sc--retary utx}n review and approval by the Planning Ctrr,issiorn. TO: Walter R. Benson, City Administrator FROM: Jeanne A. Mabusth, Zoning Administrator DATE: September 7, 1983 SUBJECT: 0760 - William Ulrich - 1535 Bohns Point Road - Conditional Use Permit Zoning District - LR-1B Area - approximately 3.7 acres Application - Per Ordinance 31.700 - Conditional use permit for proposed seawall LIST OF EXHIBITS Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey - Site Plan Exhibit E - DNR - 5MCAR - SS. 5023 Exhibit F - DNR letter to applicant Exhibit G - Agreement Exhibit H - Cross Section Exhibit. I - Borings Exhibit J - Installation Elevation Exhibit K - Seawall layout Exhibit L - Council Minutes (7-28-80 - Application #569) Exhibit M - Council notice Exhibit N - City Engineer's Report - August 5, 1983 Exhibit O - DNR Permit approved - July 1-, 1983 Exhibit P - Stine letter - July 21, 1983 Exhibit Q - Stine memo - July 22, 1983 rxhi.bit R - Orono Notice to DNR - April 27, 1983 Exhibit S - Followup letter - June 22, 1983 Ulrich seeks a permit for a seawall to control the erosion caused by muskrats of the shoreline of his portion of the lagoon and 20' of his neighbor's lagoon shoreline. The neighbor has signed an agreement (Exhibit G) to permit the extension of the seawall into his property. This is actually protection for the neighbor, Blohorn, for when a seawall .Ls installed for the purpose of contolling bank rats, the rats usually move to the neighboring properties. The lagoon is an ideal habitat for the muskrat. Trapping is not the answer as we learned in Peter Swatenki's seawall application #569. William Ulrich - #760 September 7, 1983 Page 2 The DNR h3- aspected the site and confirms the muskrat problem. The seawall is the only method known to successfully combat muskrat infestation riprap is ineffective. The inspection confirmed muskrat problems with poor soils. The seawall will be of an earthen tone aluminum installed in sections (9" wide and 8" thickness). The wall will be 20" above the ordinary high water level and the total wall 8' high. 6-1/3' of the wall will be located under the water and lake bed (See Exhibits H & I). Exhibit K, does show the number of deadmen/anchoring devices to be placed within defined areas of the shoreiine. Exhibit J does show an optional redwood walk along the edge of the retaining wall. Staff must recommend against *his additional improvement and recommend instead a naL�jral rock walkway. The City Engineer asks that the plans be signed by an engineer reaistered in the State of Minnesota. Staff will require that at the time the applicant applies for a building permit for the seawall that the plans be signed by a licensed registered engineer. The City Engineer and I inspected the drainage area .in order to determine if the seawall would have any impact on the drainage basin located between the Ulrich and Blohorn properties. The seawall will have no effect on the watershed finding adequate grassed area within the basin to contain. surface runoff. Planning Commission recommends approval of the conditi-inal use permit for William Ulrich. Please review their findings and conditions recuLded in the minutes of August 15, 1983. The enclosed staff resolution has been drafted for your review and approval. Staff asks that you review Exhibits R, S, F, & U. The DNR appro% the permit on July 15, 1983. The Planning Commission's first rev4e, of the application was held on July 18, 1983 and .jgain on Auy�.,st 15, 1983. The City asked that all action on the part of tho DNR be delayed until the City acted of the conditional use permit on April 27, 1983. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1522 Granting A Conditional Use Permit Per Municipal Zoning Code Section 31.700 And A Variance to Municipal Zoning Code Sections 31.831 - File 760 Whereas, Willi,:m Ulrich is the owner (hereafter "owner") of property located at 1535 Bohns Point Road and legally described as Lot 2, Lydiard's Park, Lake Minnetonka (hereafter "property"); and Whereas, the owner has applied to the City of Orono (hereafter "City") for a conditional use permit to construct a seawall along the lagoon shoreline of the property and 20 feet along the west lagoon shoreline of Lot 1 , Lyd i ard's Park, Lake Minnetonka as required by Municipal Zoning Code Section 31.700 and a variance to Municipal Zoning Code Section 31.831 which does not permit the construction of permanent structures within 0' to 75' of the lakeshore. Minnesota: Now, Therefore Be It Resolved by the City Council of Orono, Findings 1. This application was reviewed as Zoning File No. 760. 2. The property is located in the LR-1B Lakeshore Residential Zoning District. -I. The shoreline along the lagoon of tho property has sustained .-were damage caused by muskrats. 4. The Department of Natural Resources has inspected the site and confirms severe shoreline erosion caused Ly the infestation of muskrats and poor soil types. 5. The seawall has been found to be tie best solution to alleviate the prc;blems at the site. 5. Rip rap is not effective in combating erosion from muskrat infestation. 7. The City Engineer in his report, dated August 5, 1983, found the proposal would not have an adverse effect on Lake Minnetonka ...... and will improve the lake by preventing further erosion of the shoreline. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 5 2 2 8. The property owner most affected by the installation of the seawall, Gerald Blohorn, has entered into a license agreement approving the 20 feet extension of the seawall along the west whore of the lagoon. 9. The City has received no negative comments from the surrounding property owners notified during the review of application #760. 10. The visual impact on the lake is slight by the fact that the lagoon area is not visible from the main lake. 11. The Department cf Natural Resourses issued permit 83-6150 approving tl,e installation of the seawall on July 15, 1983. 12. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed land alteration on the health, safety and welfare of the community. 13. The City Council finds that granting a Conditional Use Permit to install a seawall along the shoreline of the lagoon on the property as proposed 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 will it depreciate surrounding property values and that the land alteration and the manner in which the excavation is to be carried out to be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 14. The City Council finds that granting a variance for the installation of the seawall as proposed is necessary to alleviate a demonstrable hardship, is necessary to preserve a substantive proper ty r ight o f the owner and would be in keeping with the sp' r i t and intent of the Zoning Code and Comprehensive Plan of the C ,y. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Zoning Ordinance 31.831 and grants a Conditi,)nal Use Permit as required per Zoning Ordinance 11.700 to permit the installation of a seawall along the shoreline of the lagoon on the property subject to the following conditions: Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. Prior to applicant obtaining a building permi•- fcr the installation of a seawall, applicant or applicant's contractor must submit plans signed by a licensed engineer registered in the State of Minnesota. 2. Pathway along the edge of the seawall must be pervious to water and made of a natural material. 3. No other variances are granted or permitted for this application. 4. Violation of or noncompliance with any of the terms and ccnditionsofr-hisresolution shall constitute aviolation of the Zoning Code, shall automatically terminate any authcrityyranted herein, and shall be punishable as a misdemeanor. 5. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recc;rding (,f this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of. September, 1983. ATTEST: CITY OF ORONO Alberta M. Strom, City Clerk MaryC.ut erMayor~ Thomas Frahm, 4�(ing Mayor Property owner (:•� Property_^- r oo pe i_��- City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 1 S?2 STATE OF MINNESOTA ) ) J J COUNTY OF HENNEPIN ) On this day of 1983, before me a Notary Public w t in and aia County, personally appeared known to me to be thePerson(s) described in and -w o executed the foregoing instrument, and acknowledged that he J(tey) executed the sane as his (their) free act and deed. 44 OL NO PUBLIC - ----- - O'rHY M. MAIIIN sob" 64M STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 91� MY CGMMISSION E:X I `S - +------ - On this day of , 1983, before me a Notary Public within and Io said County, personally appeared known to me to be the per son (sj7 escrfl e3—in an�[ wFo executed the foregoing instrument, and acknowleged that he (they) executed the same as his (their) free act and deed. NOTAKY PUE3LIC MY COMMISSION EXPIRES ____ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1522 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _ day of , 1983, before me a Notary Public whin and for said County, personally appeared known to be the pers^n(s) described in and who executed the foregoing instrument, and acknowledged that. he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of. Orono P.O. Box 65 Crystal Bay, MN 55327 REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 12, 1983. PAG E 6 #695 GUENTHER ROTH 5. Applicant placed on notice that this property has a hardcover problem and that future applications involving excess hardcover may not be approved. Council further directs staff to draft a resolution noting the above points. Motion, Ayes (4) , Nays (0) . RESOLUTION #1521 #698 MARVIN SEIBOLD 1699 NORTH FARM ROAD VARIANCE Mabusth noted that this variance application was approved by Council about a year ago. Mabusth noted that the Seibolds have signed off on the resolution so it is just awaiting Council approval. Councilmember Adams noted that the dock is in and the way it was placed protects the wetlands and is a wonderful addition. Councilmember Hammerel moved, Councilmember Grabek seconded, to adopt Resolution #1521, A Resolution Gr inting A Variance To Municipal Zoning Code Section 34. 352 to permit cunstruction of a residential dock on a property located at 1699 North Farm Road. Motic, Ayes (4), Nays (0). v RESOLUTION #1522 #769 WILLIAM ULRICH 1535 BOHNS POINT RD CONDITIONAL USE PERMIT Mabusth noted tKit Mr. Ulrich had vigned off on the resolution and agrees to all the conditions. Acting Mayor Frahrr stated that he had no problem as long as this wasn't on the main lake that there is no need for stone rip rap and that the proposed metal is fine because it is located in a lagoon area where there would be no concern for the wave action. Acting Mayor Frahm moved, Councilmember Grabek seconded, to adopt Resc.,luLion #1522, A Resolution Granting AConditional Use Permit Per Municipal Zoning Code Section 31.700 And A Variance To Municipal Zoning Code Sections 31.831, a conditional use permit to construct a s.�awall along the lagoon shoreline cf the property and 20 feet along the west lagoon sherel ine. Motion, Ayes (4) , Nays (0) . RESOLUTION #1523 #763 MILTON SEIFERT 1856 SHADYWOOD ROAD VARIANCE Mabusth noted that the Seiferts had no problem with the resolution and signed off on the Resolution. CITY of ORONO Post Office Box 66•CrystaI Buy, Minnesota 553236MunicipaI Offices Telephone 473 7357 TO: William Ulrich 1535 Bohns Point Road Wayzata, MN 35391 Copies to: Control No. 760 Meeting Date 9-12-83 Notice Date 9_16-81 Variance x Conditional Use Permit Subdivision, Preliminary Subdivision, Final �t:k*:fir:••k4::::Y:'c:c:'r:'r:4:'r:Y:'r:';,...:c:r:�;r:r:::�:.:'c:'r:'r;r'r:'c:r:c:Y:. ,.;c:'r:c:c:rx:'r::-k:�:'r:'c.ck:c:�;'rx:'ck:Y:'c:'r:c:.:c:'r:F�c;c:c'.c:Y:. .. ......:... .... :c COLP,ICTT .ACTION Vote: 4 For Against Abstention MOTION to approve your conditional use permit application subject to the findings and conditions setforth in the enclosed resolution. The resolution will be filed by the City Attorney's office within the next week. :irk�rk*�c�rk�rs'r:k�c:�c�c:'cx:c;'c:'r:'r.r:Y:'r:Y:'r:;sY:Y:Y:r:'cx:c::yF:Y:'c:"r.r�:,�c:';�c;.-:'r�r�r�k*:k"x:rx:tisr:'r�r:'r:r•hk'r:r•'c:':i::':;c;:;';:c;'r:Sr:'r•ic:'r:lr*:k:k:k DEADLINE DATE 9-12-84 for .submitta' of new information (application may be considered formally witf irawn if informati-n rr explanation is not provided). for Work Permit for 1�ork to begin for work to be application completed WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning xork. VARIANCE APPROVAL is l:mi.ted to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval.. Contact Zoning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with certification if such recording returned to the City by deadline date. Certified copies of official City Council Minutes may be obtain.ei by contacting the City Clerk. Allow at least three weeks from meeting date. STATE OF MINNESOTA w 7050 DEPARTMENT OF NATURAL RESOURCES Rev. 11l70 DIVISION OF WATERS, SOILS AND MINERALS P.A. No- 83-6190 Centennial Office Building, St. Paul, PAinnesota, 55101 IN THE MATTER OF THE APPLICATION OF WILL IAM ULRICH fora PERMIT TO CHANGE THE COURSE, CURRENT, OR CROSS SECTION of Lake iiinnetonka (27-113) Hennepin county (Crystal Bay) TITLE REGISTERED PERMIT Pursuant to Minnesota Statutes. Chapter 105. and on the basis of statements and information wntarned in the p..frnrt application. letters, maps, and plans submi ad b th pyltcaxtt nd,otjhtrr supporting data, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to Mr. 'Wi 11 lam Ufir1Ch _whose address for the purpose of notices and other communications pertaining to this permit is 1535 Bohn' s Point Road which address is subject to change by written notice from the permitter. Orono, Minnesota 55391 To construct 279 feet of aluminum i,taining wall, all as indicated in the application and plans received April 19, 1983. All work shall be in accordance with the follow- ing General and Special Provisions. PROPERTY DESCRIBED as: Government Lot 2, Lydiard's Park; SE%, SE11, Section 8, 17117N, R13W forthepurpowof shoreline protection and erosion control. HENNEPIN COUNTY This Fxmit is granted subject to the follow+ng : ";-HAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit is permissive only and shall not release the permitter from any liability nr obligation imposed by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereoftet imposed by law. 2. This permit is not assignable except with the written consent of the Commissioner of Natural HPsources. 3. X1jWQ0c4CXKXXJjWM 1WK9f*A*9ffcTVA'"9c�! ItXpcMF �lx�crxR PA'1Fx9t hl�1(9P�'X7"11' kx�f4�t >�iiitXaIGIJN61fi�)k>4�Kdi1(Kifd(ltllK>till)t116x041f0(dOxltiXdblt>lOkf1071c f4><tCx NMr^: pxlKNltitNO�(Of0(?�Ax IflMKOfl�c4f)pgfRrl(7�E� J�xt11K xi4lidilt!(d4ilFiKifiJr�1t0Y0di�ItGiltliJl�(1xOpMHN1 ktiKOdM�6it�lOWIJD)BXA(dt X►fQ9ikK0tOfaCx�IKOfAf. 4. No change shall he made, without written permission previously obtained from the Commissioner of Natural Resources, in the hydraulic dimensions, capacity or location of any items of work authorised h-reundor. 5. The permitter shall grant access to the site at all reaxirtable times during :end after construction to authorized representatives of the Commissic-or of Natural Resources for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Cam•nissionm of Natural Resources, without notice, at any time he deems it nocessary for the conservation of the water resources of the state, or in the interest of public health and welfaee, or for violation of any o' *he prow, tuna of this permit, unless otherwise provided in the Specia: Provisions SPECIAL PROVISIONS 1. Construction work authorized under this permit shalt be completed on or before November 3 i 198 _ l poll written rr .piest to the Commissioner by the Permittee, stating the reax,n therefore, an extention of time may be ohtawt,rt II. The excavation of soil authorized herein shall not he construed to include the removal of organic matter__ OQj NOT APPLY unless the area from which such organic rnatter, is removed is impervious or is sealed by the application of hantontte after excavation III In all cases where the doing by the perrrs "ee of anything authortzedby this permit shall tnvohethetaking, usrsg,ordamag,ngof anyjaroprrty rights or interests of any other p.tson of persons, or of any publicly owned lands or imprrivemeeNs thereon or interests therein, the permitter, before proceeding thorewtth, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights and interests necessary therefor IV. The permit is permtssiveonly Nohabtt,tyshailbeimposed upon orinetarredbythe StaieofMinnesotaoranyofitsoll'iters,age" tsoeemploy eea, officially or personally, on account of the granting hereof or on at count of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors relating to any matter horrhrrder T his permrl she" not be construed as estopprng or limiting any legal claims or right of action of any Person other than the state against the permitter, its agents, employees, or contractors. for any damage or injury resulting from any itch act or oim%ston, or asestopping or limiting any it" claim or right of action of the state against ! to piermtetrte, its agents, employe•%, or contractors for vtolatton of or failure to cn,npiy with the provisions or the permit or alipltcable provisions of law V No material rxc avat Kt by authority of this permit nor mater+ it from a•,y tither source, exrept as sprtivtt+cl low- He, sharp be pi.tt � d cot my portion of the tiers of said waters which lion tMpow the nricLina ^y _hi 4 .iJ ter It .`• 01 he the duty tit the lsormtttee to d+termane correctly all p+rtm•ni ins at the site of the trKerk for the pure o%e of complying with lh- coned: altos of this permit Vt. Any aale+aron of Ow surface of aid tossers resulting from .woes .wathorttr)rf by the pwrntt strait twxr ome lwitAw watws .tncf left SPECIAL PROVISIONS VII. This permit must be recorded in the Register of Deeds office by the property owner and certification thereof provided to this Department before the permit is valid. At that time, a Notice of Permit card will be sent to you. This card must be posed at the site prior Lu construction. V111. All Gener,il and Special Provisions of this permit shall bind permittee, his heirs and assigns and shall run with the land. 1X. Permittee 0411 maintain the authorized wall in a stable and safe condition, and shall repair or replace it at any time that the Commissioner, finds the wall is subject to instability, creates a navigation hazard, or has become an aesthetic nuisance. X. This permit may be terminated by Commissioner's Order for any violation of the purposes of said Permit, or of a general or special, or a Notice, of a maintenance provision thereof, or at any tir:e the Comm-issioner deems it necessary far the con- servation of the water resources, or for any cause for the protection of the public interest. Xi. Any Commissioner's Order terminating this permit nay also require the permittee, dt his own expense, to remove within + time specified in said Order, any un- authorized structure in violation of )emit. Said Order shall also require the permittee to restore, if necessary, t 'ic waters or beds thereof to the condition existing before the unauthoi --tivity. cc: Peter Bachmann, BHH F. G diary Marx, U.S.C.E. Hennepin County SWCD Ninnehaha Creek WSO L11C0 City of Orono Curt Nelson, C.U. St. Paul Waters Lake Minnetonka file-' STATE OF MINNESOTA) )ss. COUNTY OF RAMSEY ) Executed at St. Paul, Minnesota this day of k , 1983. f COMPASSION R OF NATU RESOURCES By: Ja: s K.Cb6per, Amin atom • ,,ter Development Sect on On this IX_ day o 1983, before ne, a Notary Public witf.in and for said County, personally appeared Jame__i._Cooper, Admin.� Dev. Sec., to me personally known to be the person who executed the foregoing instrument on behalf of the State of Minnesota and acknowledged that he executed the sarlt it his official ipacity as his free act and deed, pursuant to the statutes in such case made and provided. THiS INSTRUMENT WAS ORAFiLu BY: John Line Stine Metro Region Division of dater% ;46 ary Public 12nn Warner Road liy Commission exuires 3 amoo Lo St. Paul, Minnesota 55106 612/296-7523 SEE ENCLOSFU SPECIAL PROVISIONS PPF- 1•.O.RX IN THE BEDS OF PHOTEC:TGD WATEUS PI•:-V11T :.'0. 83-6150 DATE July 15, 1983 SPECIAL Pi:OVISIO-J!3 (only the numbered Special Provisions apply to this permit) XII. The permittee shall comply with all rules, regulations, requ;.rei".ents, or standards of the Minnesota Pollution Control Agency and other applicably federal, state, or local agencies. This permit does not obviate any rcquirc•ment for federal assent from the U.S. Army Corps of Engineers, 1135 U.S. Post Office 6 Custo.z Howie, St. Paul, Minnesota 55101. After completion of the project authorized, pernittee shall notify the Regional Waters' office se that a final inspection can be conducted and the permittee shall supply the Regional Waters' office with photographs of the proje,-t area. Spoil material shall not be placed on the beds of protected water.!, and wherever possible, such material should not be placed anywhere within areas %ubjeck to flooding. In the event spoil must be placed within flood plain areas because areas free from flooding are not readily available, the spoil should be placed parallel to the direction of flood flow and/or spread over a large .rea so as to minimi any possible obstruction to the passage of flood waters.. Future maintenance excavation of this project shall not exceed the dimensions herein authorized. P~:or to commencing any maintenance excavation, permittee shall advise the Department of Natural Resources in writing of the volume of material to be removed, the manner of removal, and thr- spoil disposal site(s) proposed. If the Department determines that a field inspection is necessary prior to approving such maintenance work, the pvrinittee shall submit a check payable to the State Treasurer to cover the actual coat of the 'lspection, or $25.00, whichever iu greater, pursuant to Minne:.;ota Regulations 6 MCAR $ 1.5000, Paragraph G. Maintenance excavation shall not be commenced until pe-mitt:�e's receipt of the Department's approval. This approval will incluci:--, a permit card to be posted at ti.? site. XIV• Permittee r,hall ensure that the contractor has received and thoroughly understands all conditions of this permit. Xv. Permittee and contractor are hereby advised that any violation of the conditions of this permit constitute a misdemeanor, punirhabl.� by a fine of $500.00 and/or 90 days in jail. Adequate erosion control (straw bale dikes, filter fence:., sediment ponds) shall be installed prior to commencement of authorized work and shall he maintained throighout project until site has been restored and stabilized as indicated in *he following Special Provision. Xyi. _ Ali exposed nuil resulting from the authorizer) activity uhall, within 72 hours of completion of such work, be seeded with a mixture of perennial and annual grasses and then mulched with straw or similar mulch. The use of sod as erosion protection will preclude the need for-;eedinq and mulching provided the God is installed within the iluttrrd time Eger iud and i,.. staked on slopes site >er than four feet horizontal distance per every one foot of vrrtical rise XVII. Permittee shall notify the per:;.mnc-1 (J96-7523) 48 hour: prior to intent to commencer authc)r izcd wvO..