HomeMy WebLinkAboutProject PacketCITY OF ORONO
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
952.249.4600
TO: Roger & Megan Remark
141 Chevy Chase Dr
Wayzata, MN 55391
TYPE OF APPLICATION:
DATE OF MEETING:
Variance
1 O October 2011
ZONING FILE: 11-3524
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: 10 October 2011
COPIES:
VOTE: 5 FOR 0 AGAINST
Motion: To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the original resolution at the City Offices (Monday through Friday,
8:00 to 4:30). All persons with an interest in the property must sign the resolution.
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 .
Variance approval expires one year after date of approval. A building permit must be obtained
no later than October 10 , 2012.
If you desire certified copies of the official Council minutes, they are available from the City
Clerk after review and approval by the City Council.
If you have questions please contact Melanie Curtis, Planning & Zoning Coordinator, at
mcurtis@ci.orono .mn .us or 952.249.4627.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 10, 2011
*4.
6081
7:00 o'clock p.m.
Franchot moved, P · p seconded, to adopt RESOLUTION NO. 6081, a Resolut10 anting
Variances unicipal Zoning Code Sections 78-1279(6) and 78-1288, for the property loca
asco Circle. VOTE: Ayes 5, Nays 0.
*5. #11-3524 ROGER~ MEGAN REMARK, 141 CHEVY CHASE DRIVE -VARIAN CE -
RESOLUTION NO. 6082
Franchot moved, Printup seconded, to adopt RESOLUTION NO. 6082, a Resolution Granting a
Variance to Municipal Zoning Code Section 78-1608(2) for the property located at 141 Chevy
Chase Drive. VOTE: Ayes 5, Nays 0.
#11-3525 BCD, INC., ON BEHALF OF STEVE AND SARA ZA WOYS 24
WA ROAD -VARIANCES -RESOLUTION NO. 6083
Franchot m ed, Printup seconded, to adopt RESOLUTION NO. 6083, a esolution Granting
Variances to "cipal Zoning Code Sections 78-330, 78-1288, and 78-35, for the property
located at 724 Ton wa Road. VOTE: Ayes 5, Nays 0.
7. #11-3526 3515 C ITAL PARTNERS, LLC, 1545 EPLACE-PRELIMINARY
PLAT
Curtis stated the applicant is proposing ombine and pl the existing six individual vacant lots south of
1545 Maple Place into three lots. Each of tn xisting s · lots is 50 feet wide and has 9,000 square feet in
area where 21 ,780 square feet and 100 feet of wi · required within the LR-1 C zoning district. The
applicant is requesting to combine lots to createt ee s with 100 feet in width and 18,000 square feet in
area. The remaining 1545 Maple Place lot is 5 feet in wi and 9,000 square feet in area . The
remaining home and buildings are proposed o be removed an t lot is also proposed to be
redeveloped .
The applicant's property is located the lowest point in the neighborhood · age area, resulting in a
need for the applicant to address ot only the storm water from their developmen , but additionally the
storm water from the adjacent 1 plus acre drainage area. The applicant's current pro sal includes the
creation of a grassed swale cross all three of their lots which will provide storm water st ge and a
mechanism to move the ater over the ground and off the property to the east. This solution ould also
require installation of new system of underground pipes to move the water from the subject pro erty
north where it wo discharge near the right-of-way upon which Sandy Beach is located .
Staff views t s application as an opportunity to proactively address an existing unsolved storm water
issue. A orm water pond is identified in the Surface Water Management Plan. The City will collect
----------------Page 6 of 13
Date Application Received : 08/09/11
Date Application Considered as Complete: 08/25/11
60-Day Review Period Expires: 10/24/11
REQUEST FOR COUNCIL ACTION
Department Approval: \\A/ 1 Administrator Ap roval:
Name: Melanie Curtis \V ~V
Title: Planning & Zoning Coordinator
Date: 3 October 2011
ltemNo.5
Agenda Section:
Item Description: 11-3524, Roger & Megan Remark, 141 Chevy Chase Dr, Variance, Resolution
Zoning District: R-lA, One Family Residential, 1.0 acre/140'
Lot Area: 28,600 sf (0.66 acre)
Lot Width: 80'
List of Exhibits:
Exhibit A.
Exhibit B.
Draft Resolution
Council Memo & Exhibits 9/21/11
Application Summary:
At the September 26th meeting, the Council approved the applicants' request for a variance on the consent
agenda . Staff has drafted an approval resolution for Council's review and approval.
Planning Commission Recommendation
On September 19, 2011 the Planning Commission voted 6 to Oto recommend approval of the wetland &
buffer setback as proposed. The commission accepted the applicants' mitigation measures and requested the
sump pump discharge be relocated to daylight to the rain garden if possible.
Planning Staff Comments
Staff recommends the Council adopt the attached approval resolution .
COUNCIL ACTION REQUESTED
The Council should adopt or amend the attached approval resolution granting a setback variance from the
wetland and wetland buffer.
A RESOLUTION
GRANTING AV ARIAN CE TO
MUNICIPAL ZONING CODE
SECTION 78-1608(2)
FILE NO. 11-3524
Council
Exhibit A
WHEREAS, Roger Remark and Megan Remark, a married couple (hereinafter
"the Applicants") are the owners of the property located at 141 Chevy Chase Drive within the
City of Orono (hereinafter the "City") and legally described as Lot<2l,. Block 1, Hill O' Way
Manor, Hennepin County, Minnesota; and
WHEREAS, the Applicants have made application to the City. of Orono for a
variance to Orono Municipal Zoning.Code Section 78-1608(2) to allow construction of a two
story garage addition to the existing'nom.e,t0;~be set back 16 feet from the Preserve wetland on
the property where a 50-foot buffer and 20~footstructural setback from the buffer, a total of 70
foot setback, is normally required; and
WHEREAS, after due publis}l~d ,ri.ptite arid~I11,<:1iled notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, thezOrono Planning Commission and
Orono City Council held a public hearing on September 19, 2011 at which times all persons
desiring to b~J;wllfd concerning this application were given the opportunity to speak thereon.
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,'' \ , __ . ,' <~~~~::t'fIJEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:<
FINDINGS
1. 'fhlsapplication was reviewed as Zoning File 11-3524.
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2. The pr6pertyj~']ocated in the R-lA One Family Residential Zoning District
which reqt:iiJ~~alninimum lot area of 1.0 acre and a minimum lot width of 140'.
3. The Planning Commission reviewed this application at a public hearing held on
September 19, 2011 and recommended approval of variances based on the
following findings:
a. The Property contains 28,600 s.f. (0.66 acre) in area and has 80-feet in width.
Page 1 of 5
b. Sanitary sewer is available.
c. There is no additional land available to bring the lot area into conformity.
d. The 70-foot wetland and buffer setback extends through the center of the
existing home.
e. An existing drainage swale on the northern portion of the Property 1s an
additional limiting factor.
f. The proposed addition wiU n1bet the required 10-foot principal structure side
setback as required within the R-1 A zoning district.
g. At 2,280 square feet (7.6%) stru9Jtrr.alsoverage, the home and proposed
addition will conform to the structuralcoverage limitation of 15% of the total
lot area.
h. The Applicants' have proposed to mitigat~ potential negative impacts
resuhi1~g'fr~µi the wetland encroachment witfrthe creation of a 2,500 square
foot native pla1:1ting area and installation of a rain garden on the Property.
< ' ,'
1. The Applicants \request will alleviate a practical difficulty inherent to the
Property aJ!cl nc,t cre.ated by the Applicants.
,,,:,,',',,:,',':, ',
J. The Applic~rit~' request WI1L not alter the essential character of the
neighborhood a:nd. will result in minimal negative impact on adjacent
properties.
k. The Applicants' request is in harmony with the purpose and intent of the
ordinance.
1. The Applicants have demonstrated that enforcing the wetland buffer and
buffer setback provisions of the Zoning Ordinance deprive the Applicants of
the reasonable use of their Property.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
Page 2 of 5
the applicants and the public, and the effect of the proposed variance on the
health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this property are peculiar to
it and do not apply generally to other properties in this zoning district; that
granting the variance would not adversely affe~ttraffic conditions, light, air nor
pose a fire hazard or other danger to neighq9;ring property; would not merely
serve as a convenience to the Applicants,)'lltis necessary to alleviate a practical
difficulty; is necessary to preserve a sufo,tantialproperty right of the Applicants;
and would be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS •
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Coge Section 78-1608(2) to allow construction of a two
story garage addition to the existing home set back 16 feet from the Preserve wetland on the
Property where a total of 70-feet (50-foot buffer plus a 20-foot structural setback from the
buffer) is normally required and a 28-foot setback: :<::µrrently exists, subject to the following
conditions:
1. Council approval is based on the survey, construction, rain garden and planting plans
submitted by the Applicants and annotated. by City staff. The survey and construction
planf3r~att~ched to this Resolution as Exhibits A & B. The rain garden shall follow the
q~i\:E1:1g1il'e~r'.s,recommendations in their memos dated 8/31/1 land the planting plan ~!1~11 follow th.¢ planting plan by Mike Evenocheck of Prairie Restorations dated
1'Q~Q5n 1. Any amen.qiµents to the plans which are not in conformity with City codes will
requi:re further Planrling Commission and City Council review.
2. The Applicant's buildingpermit survey, rain garden and planting plans shall address the
City Engin~ei's comment~ and recommendations.
3. The rain garde~>~d•~l.i~ting area shall be installed and inspected by the City Engineer
prior to refund of the building permit escrow.
4. The home plans submitted are for the purpose of setback review. The construction plans
and survey submitted for building permit will be reviewed for conformance with Orono's
building height and number of stories calculation.
Page 3 of 5
5. The 2011 dining room addition was permitted prior to the wetland delineation. The
portion of the addition which encroaches 10 feet into the required 20-foot structural
setback from the buffer is considered a legal, non-conforming structure.
6. Authorities granted by this resolution run with the Prop~rty not with the Applicants, but
are permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Councilappi:bval, or the variance will expire on
that date (October 10, 2012). ·· ·
7. Violation of or non-compliance with any of the terms and condi!ions of this resolution
shall constitute a violation of the zoning code, shall automaticallyt~rminate any authority
granted herein, and shall be punishable as a misdemeanor. ·
8. The undersigned Applicants have read, understand and hereby agree to the terms of this
resolution and on behalf of the Applicants and the Applicants' heirs, successors and
assigns, hereby agree to the recording< of this resolution in the chain of title of the
Property.
Adopted by the Orono City Comicilon the lOthda.y ofOctober, 2011.
ATTEST:
Linda S. V~e; City Clerk Lili Tod McMillan, Mayor
Property Owner( s)
Page 4 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this_ day of _____ , 2011, by
Roger Remark, husband of Megan Remark.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this
Megan Remark, wife of Roger Remark.
Notary Public
Page 5 of 5
____ , 2011 by,
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LEGAL DESCRIPTION:
LOT 21, BLOCK 1, HILL O' WAY "ANOR,
HENNEPIN CO., MN.
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ADDRESS -141 CHEVY CHASE DRIVE
PID#36-118-23-41-0026
LOT AREA = 28600 SF/ 0.66 AC
_ _ X 15% = 4290 SF STRUCTURAL
. --,DCOVER ALLOWED ts: ~ STRUCTURAL HARDCOVER
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_ ~ HOUSE = 1560 SF/5.4%
-1\:~-PROPOSE:D ADDITIONS T HOUSE = 295 SF
GARAGE = 425 SF
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VERIFY ALL DIMENSIONS ANO
ELEV A TIONS WITH HOUSE PLANS
VERIFY ALL SETBACKS WITH CITY
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Date Application Received: 08/09/11
Date Application Considered as Complete: 08/25/11
60-Day Review Period Expires: 10/24/11
Council
Exhibit B
REQUEST FOR COUNCIL ACTION
Department Approval: IA A/\ J Administrator Approv , I:
Name: Melanie Curtis VV V
Title: Planning & Zoning Coordinator
Item Description: 11-3524, Roger & Megan Remark, 141
Zoning District: R-lA, One Family Residential, 1.0 acre/140'
Lot Area: 28,600 sf (0 .66 acre)
Lot Width: 80'
List of Exhibits:
Exhibit A.
Exhibit B.
Survey
PC Report & Exhibits
Application Summary:
Date: 21 September 2011
Item No .
Agenda Section:
· vy Chase Dr, Variance
The applicants are proposing to construct a garage addition (with additional living space) to replace their
attached garage . The addition will meet all zoning requirements but will only be located 16 feet from the
wetland on the property where 70 feet is required. The adjacent property contains a large, Preserve
classification wetland which extends onto the applicants' property . Preserve wetlands are determined to be
the highest quality wetlands. They also warrant the highest level of protection which equates to the largest
buffer; a 70-foot setback (SO-foot buffer+ 20-foot structural setback from the buffer) is required.
The applicants are proposing a rain garden and a 2,500 square foot native planting area to mitigate any
negative impacts resulting from the addition.
Planning Commission Recommendation
On September 19, 2011 the Planning Commission voted 6 to Oto recommend approval of the wetland &
buffer setback as proposed. The commission accepted the applicants' mitigation measures and requested the
sump pump discharge be relocated to daylight to the rain garden if possible.
Planning ·Staff Comments
Earlier this summer, the applicants applied for a permit to construct a small dining room addition to the north
side of the home . This addition did not trigger the buffer establishment requirement of the wetland
ordinance . Based on existing data, staff's estimation of the edge of the buffer placed the proposed dining
room addition outside of the required 70-foot total setback from the wetland. To avoid undue financial
burden to the applicants, staff uses the best information available to make these determinations without
requiring a wetland delineation . If the project was large enough to trigger the buffer requirement of the
wetland ordinance a wetland delineation would have been required as a matter of course. Due to this current
application, a wetland delineation was required and it reflects the new dining room addition partially
encroaching into the 70-foot setback. This encroachment will be documented within a resolution regarding
the garage project.
COUNCIL ACTION REQUESTED
The Council should discuss the Planning Commission's conclusions and direct staff to draft a resolution
reflecting Council's decision.
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Exhibit Al
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SCALE IN FEET
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X(998.0}= PROPOSED SPOT ELEVATION
.... ······· = D1RECT10N SURFACE DRAINAGE
COH = CANTILEVERED OVERHANG
OHL = OVERHEAD UTIUTY LINE
GFE = GARAGE FLOOR ELEVATION
TFE = TOP OF FOUNDA TlON ELEVATION
LFE = LOWEST FLOOR ELEVATION
BENCHMARK •
TR SAN MH ----
ELEV = 974.0
(ASSUMED)
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LEGAL DESCRIPTION:
LOT 21, BLOCK 1, HILL O' WAY tv'ANOR,
HENNEPIN CO., MN.
ADDRESS -141 CHEVY CHASE DRIVE
PID#36-118-23-41-0026
LOT AREA = 28600 SF/ 0.66 AC
X 15% = 4290 SF STRUCTURAL
HARDCOVER ALLOWED
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Date Application Received: 08/09/11
Date Application Considered as Complete: 08/25/11
60-Day Review Period Expires: 10/24/11
To:
From:
Date:
Subject:
Chair Schoenzeit and Planning Commission Members
Jessica Loftus, City Administrator
Melanie Curtis, Planning & Zoning Coordinator Jl/4,LJ
14 September 2011
11-3524, Roger & Megan Remark, 141 Chevy Chase Dr,
Variance -Wetland & Buffer Setback
Public Hearing
Zoning District: R-lA, One Family Residential, 1.0 acre/140'
Lot Area: 28,600 sf (0.66 acre}
Lot Width: 80'
Council
Exhibit B
Application Summary: The applicants are requesting a wetland setback variance to allow
construction of an attached garage.
Staff Recommendation: Planning Department Staff recommends the planning commission
determine whether a practical difficulty exists and make a recommendation to the Council.
Pertinent Zoning Ordinance Sections
• Sec. 78-230. Area, height, lot width and yard requirements.
• City Code Chapter 78, Article XI. Wetlands Protection (Sections 78-1601 through 78-
1614}
List of Exhibits
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Exhibit G.
Exhibit H.
Exhibit I.
Exhibit J.
Exhibit K.
Background
Application
Practical Difficulties Documentation Form
Existing & Proposed Survey/Site Plan
Proposed Plans and Elevations
Buildable Envelope Illustration
Wetland Restoration and Maintenance Plan
Wetland Delineation Report
Wetlands Protection Code Section
City Engineer Memos
Property Owners List
Plat Map
The applicants are proposing to construct an approximate 900 square foot, attached garage
addition, with additional living space, to replace their existing 400 square foot attached garage.
Their home was constructed in 1957 and remodeled over the years and prior to the adoption of
Orono's current wetland protection regulations.
FILE# 11-3524
14 September 2011
Page 2 of 4
The adjacent property contains a large, Preserve classification wetland which extends onto the
applicants' property. Preserve wetlands are determined to be the highest quality wetlands. They
also warrant the highest level of protection which equates to the largest buffer; a SO-foot buffer
plus a 20-foot structural setback from the buffer is required.
Earlier this summer, the applicants applied for a permit to construct a small dining room
addition to the north side of the home. This addition did not trigger the buffer requirements of
the wetland ordinance [78-1601(c)]. The staff estimation of the edge of the buffer placed the
proposed dining room addition outside of the required 70-foot total setback from the wetland.
To avoid undue financial burden to the applicants, staff uses the best information available to
make these determinations without requiring a wetland delineation. If the project had triggered
the buffer requirement of the wetland ordinance a wetland delineation would have been
required as a matter of course.
Because the applicants are now requesting a permit to construct the garage addition, which is
located much closer to the wetland, a wetland delineation was necessary and required. The
project (plus the dining room project) does not move enough soil to trigger the requirement to
implement the SO-wide vegetative buffer therefore a buffer plan is not required. Section 78-
1608(3)(c) prohibits the creation of new non-conformities; the garage must be constructed to
meet the required 70-foot total setback. As indicated by the attached survey, the 70-foot
setback extends into the middle of the existing home. It should be noted that the new dining
room addition partially encroaches into this setback as well. The applicants are requesting a
variance from the required 70-foot setback in order to construct the garage addition. They have
proposed the creation of a native planting area and rain garden in order to mitigate the
potential negative impacts from the proposed encroachment.
LOT ANALYSIS WORSHEET
Lot Area/Width:
R-lA Lot Area Lot Width
Required 43,560 s.f. (1.0 acre) 140'
Actual 28,600 s.f. (0.66 acre) 80'
R-lA Setbacks:
R-lA Required Existing Proposed
Front 35' 82' 80'
Rear 30' 58' 52'
North Side 10' 53.5' No change
South Side 10' 23.5' 10'
Wetland Setbacks:
Preserve Classification Required Existing Proposed
House 70' (50' +20') 28' 16'
Structural Coverage:
Total Lot Area
28,600 s.f. (0.66 acre)
Wetland & Buffer Setback Variance
Total Structural Coverage
Allowed: 4,290 s.f. (15%)
Existing: 1,560 s.f. (5.4%)
Proposed: 2,280 s.f. (7.6 %)
FILE # 11-3524
14 September 2011
Page 3 of 4
The applicants' property contains a small area of wetland at the south east corner. This wetland
is part of a larger, Preserve classification wetland on the property to the south. The applicants
wish to construct a garage addition on to their existing home which is conforming in all aspects
except the wetland regulations. The project does not trigger the requirement that a buffer be
established, however the wetland regulations do not allow for the creation of a non-conforming
structure. Due to the required 70-foot total setback from the wetland and the buffer a variance
is necessary in order to construct the garage addition.
In an effort to mitigate potential negative impacts to the wetland the applicants are proposing
to install a rain garden along the south property line to separate and treat stormwater from the
property before it reaches the wetland. They are also proposing to create a 2,500 square foot
native planting improvement along the eastern, rear property line to offer additional buffer
benefits. The proposed native planting area will include the 11 knob" of wetland on their property
where their existing sump pump discharges to offer a treatment opportunity in this area.
Practical Difficulties Statement
Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,
and should be asked for additional testimony regarding the application.
Practical Difficulties Analysis
In considering applications for variance, the Planning Commission shall consider the effect of
the proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the
effect on values of property in the surrounding area. The Planning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in
instances where their strict enforcement would cause practical difficulties because of
circumstances unique to the individual property under consideration, and shall recommend
approval only when it is demonstrated that such actions will be in keeping with the spirit and
intent of the Orono Zoning Code.
Staff finds practical difficulties are present due to the location of the existing home and it's
proximity to the adjacent wetland. The required 70-foot wetland and buffer setback extends
into the middle of the existing home making modifications to the home outside of the existing
footprint impossible without variances. An existing drainage swale area cuts from the east to
the west across the northern portion of the property and is an additional limiting factor on the
buildable area of the property. If the property were vacant today, the buildable envelope would
have a high impact on the shape and location of the existing home.
FILE# 11-3524
14 September 2011
Page 4 of 4
The applicants' request is consistent with the surrounding neighborhood. The proposed
addition will meet the required side yard setback. The proposed addition will only add an
additional 425 square feet of structural coverage to the property resulting in a total of 7.6%
structural coverage. The planning commission should determine if the addition of a garage stall
with living space above falls within the definition of practical difficulty.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance, if granted, will not alter the
essential character of the neighborhood?
3. Does the Commission find the applicants' proposed mitigation methods sufficient
or is it necessary to impose additional conditions in order to mitigate the impacts
created by the granting of the requested variances?
4. Does the Commission find it necessary to require easements over the proposed rain
garden and wetland mitigation area to protect the areas in perpetuity?
5. Are there any other issues or concerns with this application?
Staff Recommendation
The Planning Commission should review and discuss the variance to determine if a practical
difficulty exists which supports the granting of the requested variance. A recommendation to
the City Council should be based on these conclusions. Further Planning Staff recommends the
applicants be required to comply with the City Engineer's recommendations as well as
requirements from the Minnehaha Creek Watershed District as part of any approvals.
PC Ex hi bi t A
City of Orono
Variance Application
Street Address:
2750 Kelley Parkway
Orono , MN 55356
Main : 952-249-4600
fax : 952-249-4616
Mailing Address:
P.O . Box 66
Crystal Bay , MN 55323 -0066
Appl ication #
Date Received :
Staff : -,----,---,-------c-.....----..----,,.-----=--/
Fee : $700 ----{)ti_ ,, (111, #= :!3 J-51 Renewal : $350 T --------
After-the-fact: $1,400 (double fee)
Escrow Fee:
$2 ,500 new home I addition /
new structure
$ 600 other variance
This application form must be completed in full. Applicant will be notified within 15 days as to the status of the
application . Incomplete applications will not be placed on Plann ing Commission Agendas.
PROPERTY INFORMATION:
Site Address: J i.; ( L h.. e v y
Property Identification Number (PIN):
Date Property Acquired (month/year):
Zoning District:
'f/1~ □ Yes , I own the adjacent parcels .
I
APPLICANT IN.FORMATION: (Complete legal names and marital status re(iluir~d fpr pach interested party)
Name : Ro~ er ~ M~"' g..e ~'l'~ -lfvs s ~"""".:) ~W ,"t(::_
Phone (home): 9 i;-J._/475:-9 t9Cj Phone (work): ~Id-:( <B¼o -5LJ;}..'6 -(e ll
Complete Address : I j l l "'f"'{ l6 'z? t> o\.J-e..
City , State & ZIP Q CW' o 1 f'VSN 5239 (
Email : • ,eW\o.v~ L( <Q l"Y\5N., CeJ'<Y\.. Fax:
OWNER INFQRMATION: (Complete le9al names and marital status required for each interested party)
Name : i2o 7 e._ < ~ M~p""' ~N"'ev-\.'--
Phone (home): 9 5 ef) 4 75-q l '1 't Phone (work):
Complete Address : ) 1-J, \ ~ C,(,':i?:,S.R t?t\\J-e,
C ity , State & ZIP \A.Jcl\y 7 4 ~ \ (Y\N £39 (
Email : f"eVv:::mr~4, ~ M G A.I ,. Lr;vv•--Fax:
DESCRIPTION OF REQUEST:
Describe the request in detail (attach additional sheets if necessary):
5~ '.:r2~\ .br go-fa~ <?~~"'1;~<-,& '10-n"J"; To
Last Updated : 6/27/2011 #3524
RECEIVED
AUG ~ 9 2011
CITY OF ORONO
REQUIRED SUBMITTALS:
All of the following information must be submitted by the application deadline date in order for your
application to be processed.
APPLICANT AND/OR OWNER:
• Agree to provide all information required or requested by the Planning Department,
• Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses
incurred in review of this application, and
• Certify that the information supplied is true and correct to the best of his/her knowledge . The applicant and
owner recognize that they are solely responsible for submitting a complete application being aware
that upon failure to do so , the staff has no alternative but to reject it until it is complete or to
recommend the request for denial of the request regardless of its potential merit.
• Acknowledge the Escrow Agreement is completed and signed .
• The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto
the property by City Staff, consultants , agents , Commission and Council Members for purposes of
investigation and verification of this request.
• Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the
Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting ,
please make arrangements to have an authorized representative attend in place of the applicanUowner and
advise the City Planner assigned to your project.
• Some or all of the information that you are asked to provide on this application is classified by State law as
either private or confidential. Private data is information which generally cannot be given to the public but can
· be given to the subject of the data . Confidential data is information which generally cannot be given to either
the public or the subject of the data . Our purpose and intended use of this information is to annually update
our records and records of other governmental agencies required by law. If you refuse to supply the
information , the application may not be issued.
Applicant's Signature:
Applicant 's Signature :
Owner's Signature:
Owner's Signature :
Last Updated : 6/27/2011
Date:
Date :
t3524
RECEIVED
AUG -9 2011
CITY OF OR0N0
PC Exhibit B
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. An application will not be considered
complete or placed on any meeting agendas until this form is complete and submitted to the City.
Minnesota State Statutes Section 462.357, Subdivision' 6{2) requires that practical difficulties be demonstrated in
order for a variance to be granted. The difficulties must be unique to the property as variances run with the land
and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order
for an application to be heard by the Planning Commission and City Council practical difficulties having merit must
be demonstrated.
HOW DO I PROVE A PRACTICAL DIFFICULTY?
This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the
variance will affect the surrounding community. To prove practical difficulties, address all the relevant points
listed below and answer them as clearly as possible.
Since you are requesting the code exception, you have the burden of proving that the variance is justified.
The information the City receives is what is used in determining a denial or approval recommendation. If you
leave something out it will not be considered.
Please address each of these difficulties criteria as they relate to the request, if they do not apply, write NIA in the
space provided:
2. "The plight of the landowner is ~ue to circum?tances unique to his property not created by the landowner."
~v9?,_ \N&l.,b ':::>..,,(f-1Y'-.. l'95"°g1,
3. "The variance if rante will not alter the essential charact~r.\of the localjty."
. . r 2-CFV"-e vu,\ I
4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
under the terms of the Zoning Chapter." , . 1 -L. _ . .
§cyp ... 4 C ~cy, '"'~" ~ ~ 0 ti-,,.,-'"' ,,;.r,M dY\ p nt:i.vl"'1 17 n_~ 1 v', _ _\~p-A \ a
5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy
systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes,
Section 116J.06, Subd. 2, when in harmony with this Chapter."
~~ ...
6. 'The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not
allow,~ ~der this Chapter for property in the zone where the affected person's land is located."
•
10 ·# 3 52 4
RECEIVED
AUG -9 2011
crrv OF ORONO
7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family
dwelling:" Pr
8. "The special conditions applying to the structure or land in question are peculiar to such property or
i . . . . " u'l'-'tv
9. "The conditions do no apply generally to other land or structures in the district in which said land is located."
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right
of the applicant."
11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any
othjrn respe?t be contrary to the intent of t~e 1Zoni,ng Code."
1v o I h----e vc:,...r,'7"\/\'--e._ VJ .1, V\D:t,.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to
alleviate demonstrable difficulty."
Practical Difficulties Statement
Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical
difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional
sheets if □.~cessary):L A-.l--
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SCALE IN FEET
= EXISTING SPOT ELEVATION.
X(998.0)= PROPOSED SPOT ELEVATION
COH
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TFE
LFE
. = DIRECTION SURF ACE DRAINAGE
= CANTILEVERED OVERHANG
= OVERHEAD UTILITY LINE
= GARAGE FLOOR ELEVATION
= TOP OF FOUND A TlON ELEVATION
= LOWEST FLOOR ELEVATION
BENCHMARK
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LEGAL DESCRIPTION:
LOT 21, BLOCK 1, HILL O' WAY wANOR,
HENNEPIN CO., MN.
ADDRESS -141 CHEVY CHASE DRIVE
~D#36-118-23-41-0026
LOT AREA = 28600 SF/ 0.66 AC
X 15% = 4290 SF STRUCTU.~AL
HARDCOVER ALLOWED
STRUCTURAL HARDCOVER
EXISTING
HOUSE = 1560 SF /5.4%
PROPOSED ADDITIONS
HOUSE = 295 SF
GARAGE = 425 SF
TOTAL = 720 SF/ 2.6%
SURVEY IS SUBJECT TO CHANCE PER
TITLE OR EASEMENT INFORMATION
VERIFY ALL DIMENSIONS AND
ELEV A TIONS WITH HOUSE PLANS
VERIFY ALL SETBACKS WITH CITY
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6ECOND FLOOR
~~~
COFYRIG1"T 2010, ALEXANDER DESIGN GROUP, INC.
S!EMOYE EX6 WINDOW • FRAME· SAYE FOR
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ADOltl~
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ADOIT!C'N
PC Exhibit D ,,
ASPHALT SH~L!e&
401 EAST LAKE STREET
WAYZATA, MN 55391
Phone: 952.473.sm
FAX: 952.473.8222
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COPYRIGHT 2<!>1<!1. ALExANDEf'e DESlc:;N GROUP, INC.
,,,-EXTEND EXG lsOOl' J
.J, FOR NEW ADDITION
FIELD VERIFY EX<:i
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CD FRONT ELEVATION
\___ EXISTING lsOOl' ~
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REMOVE EXG WINDOW • FRAME-&AYE FOR
RE-USE. PATCH EXIST Offili, A6 REQ'D TO
RECEIVE NEW UOIJJ. EXG HEADER TO REMAIN
F'ATC>l TO MATCH EXG ADJACENT MAT£RIALS·
PREPARE TO RECEIVE NElll FINleHE:6.
401 EAST LAKE STREET
WAY7_ATA, MN 55391
Phone: 952,473.8777
FAX; 952.473.8222
I
NTS
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SCAJ?v<f FEET
EXISTING SPOT ELEVATION.
X(998.0}= PROPOSED SPOT ELEVATION
···· = DIRECTION SURFACE DRAINAGE
COH
OHL
GFE
TFE
LFE
= CANTILEVERED OVERHANG
= OVERHEAD UTILITY LINE
= GARAGE FL OOR ELEVATION
= TOP OF FOUNDATION ELEVATION
= LOWEST FLOOR ELEVATION
/
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HOUSE
#139
/ 982 __ ,,.!.-----------
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ELEV = 974.0
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LE GAL DESCRIPTION:
L OT 21, BLOCK 1, HILL O' WAY ~ANOR ,
HEN NEPIN CO., MN .
ADDRESS -141 CHEVY CHASE DRIVE
PID#36-118-23 -41-0026
LOT AREA = 28600 SF/ 0.66 AC
X 15% = 4290 SF STRUCTURAL
HARDCOVER ALLOWED
STRUCTURAL HARDCOVER
EXISTING
HOUSE = 1560 SF /5.4%
PROPOSED ADDITIONS
HOUSE = 295 SF
GARAGE = 425 SF
TOTAL = 720 SF/ 2.6%
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EAD ENVIRONMENTAL CONSULTING
August 8, 2011
Roger Remark
141 Chevy Chase Drive
Orono, MN 55391
Remark4@msn.com
RE: Project Name:
AEC Project No.:
Mr. Remark,
Remark Parcel -141 Chevy Chase Dr, Orono, MN
2011-031
Wetland Buffer Variance Application
As requested, Arrowhead Environmental Consulting (AEC) is providing a restoration and
maintenance plan for the proposed Wetland Buffer Variance Application to the City of
Orono,MN.
On July 28th, 2011 a meeting was held with the City of Orono to review the proposed
project and issues pertaining to the Wetland Buffer Impacts. The City determined that
based on the size and quality of the adjacent wetland (south of your property) the existing
wetland requires a 50' wetland buffer and 20' building setback from the buffer. To
precede with the project a Wetland Buffer Variance Application is necessary. During the
meeting a few items were discussed to potentially aid in the granting of the variance,
these items are discussed below.
Your proposed addition to the existing garage falls within the wetland buffer/setback area
(the garage expansion is a total of 425 ft2).
To off-set the impacts to the existing buffer the applicant proposes to:
• Manage non-native/invasive species within the existing wetland buffer/setback
• Restore the buffer area with a native planting
• Create a small rainwater garden south of the proposed garage addition
Existing Buff er Restoration
Non-native species, most notably common buckthom (Rhmanus cathartica) will be
managed within the existing buffer area. Buckthom with stumps 1.5" or greater will be
cut and the stumps treated with an appropriate herbicide (glyphosate or triclopyr).
PC Exhibit F
ARROWHEAD ENVIRONMENTAL CONSULTING
2909 MEADOW LANE
MOUND, MN 55364
612-237-5996
www.arrowheadec.com #3524
RECEIVED
AUG -9 2011
CITY OF ORONO
EAD ENVIRONMENTAL CONSULTING
Smaller buckthom (3' in height or less) will be treated with a foliar spray or pulled by
hand.
Much of the ex1stmg herbaceous vegetation was dominated by reed canary grass
(f'halaris arundinacea); AEC proposes spraying the reed canary grass with Rodeo (an
aquatic safe version of glyphosate ). Once the buckthom and reed canary grass is
eliminated the area should be lightly tilled and re-seeded with a native seed mix (mesic
short-grass/forb mix). The approximate area to be restored will be along the 974' contour
(in the SE portion of the site) and below.
The buffer will be maintained with standard practices such as occasional mowing and
herbicide treatment. A full management plan will be developed by the seeding
contractor.
Along the eastern property line a number of native trees have been planted and the
surrounding area mulched (much of the buckthom has already been removed). AEC
suggests installing native plugs thought the mulched area to add some diversity. A list of
proposed species is included at the end of this letter.
Rainwater Garden
To compensate for the additional run-off into the existing wetland, the City of Orono
suggested a small rainwater garden directly south of the proposed garage addition. The
rainwater garden will be approximately 5' wide and span the width of the garage
(approximately 30' in width east to west). The rainwater garden will be constructed to
catch the run-off from the garage area and filter the water as it infiltrates into the ground;
native species will be planted within the garden.
Summary
Total impacts to the buffer area are 425 ft2 for the proposed garage addition. The
proposed restoration of the buffer area and rainwater garden should filter all run-off from
the property and likely improve the water quality entering the existing wetland area.
If you have any questions regarding this project, or need additional information, please
do not hesitate to call me at 612-237-5996.
Thank you,
Ben Carlson
Ben Carlson, WDC
Ecologist/Owner
Arrowhead Environmental Consulting
ARROWHEAD ENVJRONMENTAL CONSULTING
2909 MEADOW LANE
::~::: # 3 5 2 4
RECEIVED
AUG -9 2011
CITY OF ORONO
EAD ENVIRONMENTAL CONSULTING
Proposed seed list in buff er area
32-241
Common Name
bk; bluester,
stde onts crar1a
tnr,::ed bror,e
noddir.:: wild r-;e
slender "l"iheak; rnss
t::rwl blue:: f!):l :l
lndi;:m \'.ifi.'lSS
C ana::la ti:::k tret:::111
partn:1;:; e pea
·,Nild berc;:,r1ot
bla:::k eved susan
Dats or v:mter ·,nr1e.:it 1:see note ;:it
be;:; inrnri;:; ot ti~ tor
re:::onr,ended dates:
Purpose:
Planting Area:
Native Construction
Scientific Name
Am:fraoooon qer;:,rdii
tlymus-•;irginicus
I Jan ic1.,,1 ,n 1/i-r,_::; atu rn
SDrghastrum nutans·
Total Grasses
Gharnaecn'sta taS'icui'ata
1'.,·1on-aro'a tis-tulosa
Total Forbs
Total Cover Crop
Totals:
Rate
(kg/ha)
1 .4:J
1.12
1 .!.:-l
2.24
2.8:J
2.24
D.84
U.6l
1.12
14.01
0.:JB
:J.'.3:J
::i.:)2
:). ! ~I
:,,:1.:.)6
0.56
LB .• _>L
28.02
42.59
Rate
(lb.lac)
1.2!:.
1.'.j;)
1.4:)
2.J:.:•
2.!.:iU
2.J:j
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12.50
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:J.:j9
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0.50
2~.:J~)
25,00
38.00
%, of Mix Seedsi'
(%, bywt) sqft
3.3:J~;r 4.6:J
2.64~,;. 2.21
:!..Ghl",;, !.:t.bt
t. •*«•,;,-....... ~D:r: 3.t~
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~1.;J4~'(;. J.39
J.2~,~,:(' 3.JJ
J.1 :j_~):J
1.32% 4.31
i.)!.:i. (~)~:;: 11.14
65.79% 11,14
100.00~1 .. 77.91
Mid terr-1 soil stab1l12ation us1n11 nntive ;\ls::i swtable tor sides ot
a;:;n::ulturn! ::lit:::hes or lo,t: diversity r1esic prn1ne p!nr.tin;:;.
Aspen l'arklnr.::ls. PrnIne Pnrklan::l. :)n::l l:astem t:5roadleut forest
Pr:::r•;m:::es. Mn/GO I l)1stn:::ts 2(",'.'est). ::.1:3. 4. Metro. 13. l & B.
ARROWHEAD ENVIRONMENTAL CONSULTING
RECEIVED
AUG.:.. 9 2011
CITY OF ORONO
2909 MEADOW LANE
MOUND, MN 55364
612-237-5996
www.arrowheadec.com #3524
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141 Chevy Chase Drive -Orono, MN
Wetland Delineation Report For:
Roger Remark
141 Chevy Chase Drive
Orono, MN 55391
~
arrowhead
environmental
consulting
Wetland Consulting Services
Performed by:
Ben Carlson, WDC (#1125)
I
AEC Project # 2011 -031
August 2, 2011
An-owhead Environmental Consulting
2909 Meadow Lane
Mound, MN 55364
PC Exhibit G
TABLE OF CONTENTS
Project Overview:
Summary of Project and Results
Report Body:
Introduction ___________________________________________________________________________________________________________________________ I
Methods
Results
Discussion
1
1
2
Data Sources and Literature References ___________________________________________________________________________ 3
Project Figures and Supporting Data:
Figure 1: Map of Project Location (USGS Topo)
Figure 2: Map of Project Location (MN DNR PWI Map)
Figure 3: Hennepin County Soil Survey
Figure 4: National Wetland Inventory Map
Figure 5: Map of Wetland Delineation (GPS Located)
Field Data Collection Forms (Data Sheets)
Soil Texture and Feature Guide
Photo Log
Project Overview
On July 22, 2011 Arrowhead Environmental Consulting (AEC) performed a wetland
delineation for the 141 Chevy Chase Drive Property located in Orono, MN.
• One wetland basin was delineated within and adjacent to the parcel bounds;
Wetland 1 is a Shallow Marsh/Shrub-Carr wetland located along the southern
portion of the parcel.
• Wetland 1 is indicated on the NWI map as a PEM/SSlC type wetland.
• Wetland 1 is indicated on the Minnesota Department of Natural Resources Public
Water Inventory Map (PWI) as Basin# 828-W.
• Wetland 1 is mapped in the Houghton soil series.
• Wetland 1 is dominated by reed canary grass, sedge species, cattail, red osier
dogwood, and willow species with scattered hardwoods along the fringe of the
wetland.
• The wetland boundaries were generally placed along the vegetative trans1t10n
from hydrophytic to non-hydrophytic vegetation (which correlated to a rise in
topography), the shift from hydric to non-hydric soils, and the presence or lack of
hydrology indicators.
Introduction
The Remark Parcel delineation is located at 141 Chevy Chase Drive in Orono, MN
55391. The legal description of the project location is: A part of the SE¼ of Section 36,
Tl 18N, R23W, Hennepin County, Orono, Minnesota. The parcel is a total of 0.66 acres
(according to the Hennepin County Website).
Methods
AEC utilized the 1987 US Army Corps of Engineers Wetlands Delineation Manual and
Midwest Regional Supplement to perform the wetland delineation. A United States
Geological Survey (USGS) Map (Excelsior Quad) (Figure 1), the Minnesota Department
of Natural Resources (MN DNR) Public Water Inventory (PWI) Map (Figure 2), the
Hennepin County Soil Survey Map (Figure 3), and the National Wetland Inventory
(NWI) Map (Figure 4) were reviewed prior to the site visit and used in the delineation
process. The delineated wetland boundaries (GPS located) are indicated on Figure 5 and
are overlaid on a 2010 aerial image. AEC used the routine delineation method.
Wetland classification followed methods described by the USACOE -St. Paul District;
Eggers and Reed "Wetland Plants and Plant Communities of MN and WI". The Circular
39 and Cowardin et al. classifications are given as well. The indicator status of plants
was determined using the National List of Plant Species That Occur in Wetlands -
Region 3 (Sabine 1999). In accordance with the Midwest Regional Supplement, the +
and -have been removed from the vegetation indicator status.
Pink pinflags were used to delineate the wetlands and were numbered sequentially;
flagging was hung from adjacent vegetation to aid in location of the pinflags. Sample
points were taken to document the vegetation, soils, and hydrology indicators within
representative upland and wetland locations.
Results
Office Results
Wetland 1 is indicated on the NWI map as a PEM/SSlC type wetland. Wetland 1 is
mapped in the Houghton soil series. The Houghton soil series is classified as a hydric
soil (SCS Hydric Soils of the United States). Wetland 1 is indicated on the Minnesota
Department of Natural Resources Public Water Inventory Map (PWI) as Basin# 828-W.
Field Results
Wetland 1
AEC classified Wetland 1 as a Shallow Marsh/Shrub-Carr (Type 3/6, PEMC/PSSIC)
wetland. Wetland 1 is dominated by a fringe of reed canary grass (Phalaris arundinacea)
and jewelweed (Impatiens capensis) with cattails (Typha) throughout the central portion
of the basin; boxelder (Acer negundo), black willow (Salix nigra), red osier dogwood
(Camus stolonifera), and willow (Salix) species were observed along the periphery of the
wetland. The adjacent upland area is dominated by Kentucky blue grass (Paa pratensis),
1
Canada goldenrod (Solidago canadensis), common burdock (Arctiwn minus), Canada
thistle (Cirsium arvense) and common buckthom (Rhamnus cathartica).
The boundary for Wetland 1 exhibited a moderate to abrupt slope; the wetland edge was
placed at or near where ground water was 12" below the soil surface (with saturation to
the surface). The wetland soil borings met the A2 (Histic epipedon), A12 (thick dark
surface), and the F3 (Depleted Mattix) hydric soil indicators and water was observed
within 12" of the soil surface (with saturation to the surface). The upland soil borings did
not meet hydlic soil indicators; ground water and soil saturation was not observed within
the borings. There was a distinct transition in the vegetation from the reed canary grass,
willow, and dogwood shrubs (hydrophytic) to Canada goldenrod, burdock, and common
buckthom (non-hydrophytic ).
The majority of the wetland area lies south of the property line, a small "lobe" of wetland
extends to the north into the parcel (see Figure 5). At the north end of the lobe, AEC
observed a tile/sump line discharging into the wetland. It appears that the tile/sump line
has created some additional wetland as the wetland area creeps upslope roughly 2-3' in
elevation from the adjacent wetland. A portion of this wetland area may be considered
incidentally created, at this time the land owner is not applying for an exemption.
Discussion
One wetland basin was delineated within the parcel bounds. Areas delineated as wetland
met the three criteria required for a wetland delineation; dominance of hydrophytic
vegetation, presence of hydric soil, and (at a minimum) one primary hydrology indicator
or two secondary hydrology indicators under normal conditions.
In order to be official the wetland delineation must be reviewed and approved by the
Local Government Unit (LGU) and potentially other agencies (Local, State, Federal).
Any work within or adjacent to a wetland will require Wetland Conservation Act (WCA)
permits (and potentially other permits). Please consult with AEC if you plan on filling,
draining, excavating wetlands within your project location.
If you have any questions regarding this report or any questions about our services please
feel free to contact Ben Carlson at any time (612-237-5996).
Thank you,
~~
Ben Carlson, WDC
Ecologist/Owner
Arrowhead Environmental Consulting
2
Data Sources:
USGS Quadrangle Map-Excelsior 7.5-Minute Quadrangle, Minnesota, U.S.A.
Minnesota Department of Natural Resources Protected Waters Inventory Map, Hennepin
County 1983 (Revised 1996 data from the Mn DNR Data Deli, online).
Soil Survey of Hennepin County. U.S.D.A. Data obtained from the NRCS/SSURGO
website.
United States Fish and Wildlife Service National Wetland Inventory Map -Excelsior
Quadrangle. 1991. (Taken from May 1980 aerial photographs).
Aerial Photos were obtained the Land Management Information Center website (2010).
Literature Referenced/Technical Documents:
Environmental Laboratory. 1987. 1987 U.S. Army Corps of Engineers Wetlands
Delineation Manual. Technical Report Y-87-1, US Army Engineer Waterways
Experiment Station, Vicksburg, Mississippi.
U.S. Army Engineer Research and Development Center. 2007. Regional Supplement to
the Corps of Engineers Wetland Delineation Manual: Midwest Region. US Army
Engineer Waterways Experiment Station, Vicksburg, Mississippi.
Eggers, Steve D. and Donald M. Reed. 1997. Wetland Plants and Plant Communities of
Minnesota and Wisconsin. US Am1y Corps of Engineers, St. Paul District. 263pp,
unclassified.
Shaw, S.P., and C.G. Fredine. 1956. Wetlands of the United States. U.S. Fish and
Wildlife Service, Circular 39. 67pp.
Cowardin, L.M., V. Carter, F.C. Golet, and R.T. LaRoe. 1979. Classification of
Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service,
FWS/OBS-79/31. 103pp.
Sabine, B. J. 1999. National List of Plant Species that Occur in Wetlands: Region 3 -
North Central (Indiana, Illinois, Iowa, Michigan, Minnesota, Missouri, Wisconsin).
Resource Management Group, Inc. 77pp.
USDA Soil Conservation Service, Washington, D.C., Misc. 2006. Field indicators of
Hydric Soils in the United States. A guide for Identifying and Delineating Hydric Soils,
Version 6.0
National Technical Committee for Hydric Soils. 1991. Hydric Soils of the United States.
USDA Soil Conservation Service, Washington, D.C., Misc. Publication Number 1491.
1991.
3
Figures
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envtron1nental
consulting 0
Project Location Map
Ov erlaid on USGS Topo Map
□ Appro ximate Parcel Boundary
500 1.000
Feet
2 ,000
Figure 1
141 Chevy Chase Dr
Orono. MN
Roger Remark
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Ov erlaid on MN DNR PWI Map
□ Appro ximate Parcel Boundary D Revised PWI
--=====---============i Feet
0 500 1.000 2 ,000
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Figure 2
141 Chevy Chase Dr
Orono. MN
Roger Remark
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consulting
Hennepin County Soil Survey
Overla id on 2010 Ae ria l Im age
D Approximate Parcel Boundary Non-Hyclric ~ Hydric
----=======----==================:::i Feet
0 50 100 200
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Figure 3
141 Chevy Chase Dr
Orono. MN
Roger Remark
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Ov erlaid on 2010 Aeria l Im age
D Appro ximate Parcel Boundary
---======---===============::J Feet
0 50 100 200
Figure 4
141 Chevy Chase Dr
Orono. MN
Roger Remark
l . p Appro ximate Parcel Boundary
I O Sample Point
GPS Located Wetland Boundary * Sump Outlet
~~11
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environ mental
consulting
Wetland Delineation Map
Ov erlaid on 2010 Ae ria l Image
---======----==============:=::1Feet
0 50 100 200
. \--'~ /r
Figure 5
141 Chevy Chase Dr
Orono. MN
Roger Remark
Supporting Data
WETLAND DETERMINATION DATA FORM -Midwest Region
Project/Site 141 Chevy Chase Drive City/County: Orono/Hennepin Sampling Date: 7/22/2011 ---------
Applicant/Owner: _R_o...;g;...e_r_R_e_m_a_r_k ____________ State: MN Sampling Point: 1-1 Wet
lnvestigator(s): BPC (WDC #1125) Section, Township, Range: SE 1/4 Sec. 36, T118N, R23W --------------Land form (hillslope, terrace, etc.): Basin Local relief (concave, convex, none): Concave -----------SI ope (%): 2 Lat:____________ Long: __________ Datum: __________ _
Soil Map Unit Name_H_o_u..;;g;...h_to_n ____________________ \lWI Classification: ______ N_o_n_e ____ _
Are climatic/hydrologic conditions of the site typical for this time of the year? Y (If no, explain in remarks)
Are vegetation ___ , soil , or hydrology significantly disturbed? Are "normal circumstances"
Are vegetation ___ , soil , or hydrology naturally problematic? present? Yes
SUMMARY OF FINDINGS (If needed, explain any answers in remarks.)
Hydrophytic vegetation present? y
Hydric soil present? y Is the sampled area within a wetlarn y
Wetland hydrology present? y If yes, optional wetland site ID:
Remarks: (Explain alternative procedures here or in a separate report.)
Elevated precipitation previous 12 months.
VEGETATION --Use scientific names of plants.
Absolute Dominan Indicator Dominance Test Worksheet
Tree Stratum (Plot size: 30' ) % Cover t Species Staus Number of Dominant Species
1 Populus dettoides 20 y FAC that are OBL, FACW, or FAC: 7 (A)
2 Acer negundo 50 y FACW Total Number of Dominant
3 Species Across all Strata: 7 (B)
4 Percent of Dominant Species
5 that are OBL, FACW, or FAC: 100.00% (A/B)
70 = Total Cover
SaQlingLShrub straturr (Plot size: 15' ) Prevalence Index Worksheet
1 Rhamnus cathartica 20 y FAC Total % Cover of:
2 OBL species 0 Xi= 0 ------3 FACW species 60 X2= 120 ------4 FAG species 60 X3= 180 ------5 F ACU species 0 x4= 0 ---20 = Total Cover UPL species 0 x5= 0 ------Herb stratum (Plot size: 5' ) Column totals 120 (A) 300 (B) ------
1 Rhamnus cathartica 10 y FAC Prevalence Index= 8/A = 2.50
2 Parthenocissus quinquefolia 10 y FAC
3 Arisaema triphyllum 5 y FACW Hydrophytic Vegetation Indicators:
4 Ribes americanum 5 y FACW Rapid test for hydrophytic vegetation -5 X Dominance test is >50% -6 X Prevalence index is :s3.0* -7 Morphogical adaptations* (provide
8 supporting data in Remarks or on a
9 separate sheet) -10 Problematic hydrophytic vegetation*
30 = Total Cover (explain) -Woody_ vine stratum (Plot size: 15' ) *Indicators of hydric soil and wetland hydrology must be
1 present, unless disturbed or problematic
2 Hydrophyt1c
0 = Total Cover vegetation
present? y ---
Remarks: (Include photo numbers here or on a separate sheet)
SOIL Sampling Point: 1-1 Wet
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(Inches) Color (moist) % Color (moist) % Type* Loe** Texture Remarks
0-12 10YR 4/1 100 Sil Gley inclusions
12-18 7.5YR 2.5/3 100 Oa Sapric (Organic)
*Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS= Masked Sand Grains. **Location: PL= Pore Lining, M = Matrix
Hydric Soil Indicators: Indicators for Problematic Hydric Soils:
Histisol (A 1) Sandy Gleyed Matrix (S4) Coast Prairie Redox (A 16) (LRR K, L, R) ----x Histic Epipedon (A2) Sandy Redox (S5) Dark Surface (S7) (LRR K, L) ------Black Histic (A3) Stripped Matrix (S6) 5 cm Mucky Peat or Peat (S3) (LRR K, L, R) ------Hydrogen Sulfide (A4) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) (LRR K, L, R) ------Stratified Layers (A5) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (TF12) ----2 cm Muck (A 10) x Depleted Matrix (F3) Other (explain in remarks) ------Depleted Below Dark Surface (A11) Redox Dark Surface (F6) ----
--Thick Dark Surface (A12) --Depleted Dark Surface (F7) *Indicators of hydrophytic vegetation and weltand
Sandy Mucky Mineral (S1) Redox Depressions (FB) hydrology must be present, unless disturbed or ----5 cm Mucky Peat or Peat (S3) problematic --
Restrictive Layer (if observed):
Type: Hydric soil present? y
Depth (inches):
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Prima[Y Indicators (minimum of one is reguired; check all that aggly) Secondarv Indicators (minimum of two reauired)
Surface Water (A 1) Aquatic Fauna (B13) Surface Soil Cracks (B6)
T High Water Table (A2) --True Aquatic Plants (B14) --Drainage Patterns (B10)
T Saturation (A3) --Hydrogen Sulfide Odor (C1) --Dry-Season Water Table (C2) -------Water Marks (B1) Oxidized Rhizospheres on Living Roots Crayfish Burrows (C8) ---Sediment Deposits (B2) (C3) Saturation Visible on Aerial Imagery (C9)
-Drift Deposits (B3) --Presence of Reduced Iron (C4) --Stunted or Stressed Plants (D1)
-Algal Mat or Crust (B4) --Recent Iron Reduction in Tilled Soils x Geomorphic Position (D2)
-Iron Deposits (B5) (C6) x FAG-Neutral Test (D5)
---Inundation Visible on Aerial Imagery (B7) --Thin Muck Surface (C7) --
---Sparsely Vegetated Concave Surface (B8) --Gauge or Well Data (D9) -----~ Water-Stained Leaves (B9) Other (Explain in Remarks)
Field Observations:
Surface water present? Yes No X Depth (inches): Wetland
Water table present? Yes X No Depth (inches): 6 hydrology
Saturation present? Yes X No Depth (inches): 0 present? y
(includes capillary fringe)
Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
WETLAND DETERMINATION DATA FORM -Midwest Region
Project/Site 141 Chevy Chase Drive City/County: Orono/Hennepin Sampling Date: ___ ?_1_2_21_2_0_11 __ _
Applicant/Owner: Roger Remark State: MN Sampling Point: 1-1 Up -----------------1 n vest i gator ( s): BPC (WDC #1125) Section, Township, Range: __ S_E_1_/4_S_ec_._3_6_, T_1_1_8_N_, _R_23_W __
Landform (hillslope, terrace, etc.): Slope Local relief (concave, convex, none): Concave -----------Slope(%): 2 Lat: ___________ Long: _________ Datum: __________ _
Soil Map Unit Name Hamel \IWI Classification: None ------------------------------------Are climatic/hydrologic conditions of the site typical for this time of the year? Y (If no, explain in remarks)
Are vegetation ___ , soil ___ , or hydrology__ significantly disturbed? Are "normal circumstances"
Are vegetation ___ , soil ___ , or hydrology__ naturally problematic? present? Yes
SUMMARY OF FINDINGS (If needed, explain any answers in remarks.)
Hydrophytic vegetation present? y
Hydric soil present? N Is the sampled area within a wetlant N ---
Wetland hydrology present? N If yes, optional wetland site ID:
Remarks: (Explain alternative procedures here or in a separate report.)
Elevated precipitation previous 12 months.
VEGETATION --Use scientific names of plants.
Absolute Dominan Indicator Dominance Test Worksheet
Tree Stratum (Plot size: 30' ) % Cover t Species Staus Number of Dominant Species
1 Acer negundo 50 y FACW that are OBL, FAGW, or FAG: 3 (A)
2 Total Number of Dominant
3 Species Across all Strata: 3 (B)
4 Percent of Dominant Species
5 that are OBL, FAGW, or FAG: 100.00% (A/B)
50 = Total Cover
SaQlinglShrub straturr (Plot size: 15' ) Prevalence Index Worksheet
1 Rhamnus cathartica 50 y FAG Total % Cover of:
2 OBL species 0 x1= 0 ------3 F ACW species 50 x2= 100 ---4 FAG species 70 x3= 210 ------5 F ACU species 0 X4= 0 ---50 = Total Cover UPL species 0 X5= 0 ---Herb stratum (Plot size: 5' ) Column totals 120 (A) 310 (B) ------
1 Rhamnus cathartica 20 y FAG Prevalence Index= B/A = 2.58
2
3 Hydrophytic Vegetation Indicators:
4 Rapid test for hydrophytic vegetation -5 X Dominance test is >50%
6 X Prevalence index is :S:3.0* --7 Morphogical adaptations* (provide
8 supporting data in Remarks or on a
9 separate sheet) -10 Problematic hydrophytic vegetation*
20 = Total Cover (explain) --Woody_ vine stratum (Plot size: 15' ) *Indicators of hydric soil and wetland hydrology must be
1 present, unless disturbed or problematic
2 Hydrophyt1c
0 = Total Cover vegetation
present? y ---
Remarks: (Include photo numbers here or on a separate sheet)
Rhamnus formerly FAC-and non-hydrophytic
SOIL Sampling Point: 1-1 Up
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(Inches) Color (moist) % Color (moist) % Type* Loe** Texture Remarks
0-16 10YR 3/2 100 Loam
16-22 10YR 4/2 98 10YR 4/6 2 C M Sandy Clay Loam
*Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS= Masked Sand Grains. **Location: PL= Pore Lining, fVI = Matrix
Hydric Soil Indicators: Indicators for Problematic Hydric Soils:
Histisol (A 1) Sandy Gleyed Matrix (S4) Coast Prairie Redox (A16) (LRR K, L, R) ------Histic Epipedon (A2) Sandy Redox (S5) Dark Surface (S7) (LRR K, L) ------Black Histic (A3) Stripped Matrix (S6) 5 cm Mucky Peat or Peat (S3) (LRR K, L, R) ------Hydrogen Sulfide (A4) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) (LRR K, L, R) ------Stratified Layers (AS) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (TF12) ------2 cm Muck (A10) Depleted Matrix (F3) Other (explain in remarks) ------Depleted Below Dark Surface (A 11) Redox Dark Surface (F6) ----
--Thick Dark Surface (A12) --Depleted Dark Surface (F7) *Indicators of hydrophytic vegetation and weltand
Sandy Mucky Mineral (S1) Redox Depressions (F8) hydrology must be present. unless disturbed or ----5 cm Mucky Peat or Peat (S3) problematic --
Restrictive Layer (if observed):
Type: Hydric soil present? N
Depth (inches):
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Prima!}'. Indicators (minimum of one is reguired; check all that aQQly) Seconda!}'. Indicators (minimum of two reguired)
,__ Surface Water (A 1) Aquatic Fauna (B13) Surface Soil Cracks (B6) ----,__ High Water Table (A2) True Aquatic Plants (B14) Drainage Patterns (B10) ----,__ Saturation (A3) --Hydrogen Sulfide Odor (C1) --Dry-Season Water Table (C2)
Water Marks (B1) Oxidized Rhizospheres on Living Roots Crayfish Burrows (C8)
-Sediment Deposits (B2) (C3) --Saturation Visible on Aerial Imagery (C9)
-Drift Deposits (B3) --Presence of Reduced Iron (C4) --Stunted or Stressed Plants (D1)
-Algal Mat or Crust (B4) --Recent Iron Reduction in Tilled Soils --Geomorphic Position (D2) ,__
(C6) x FAG-Neutral Test (D5) ,__ Iron Deposits (B5)
,__ Inundation Visible on Aerial Imagery (B7) --Thin Muck Surface (C7) ----,__ Sparsely Vegetated Concave Surface (B8) --Gauge or Well Data (D9)
-Water-Stained Leaves (B9) Other (Explain in Remarks)
Field Observations:
Surface water present? Yes No X Depth (inches): Wetland
Water table present? Yes No X Depth (inches): hydrology
Saturation present? Yes X No Depth (inches): 16 present? N
(includes capillary fringe)
Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
WETLAND DETERMINATION DATA FORM -Midwest Region
Project/Site 141 Chevy Chase Drive City/County: Orono/Hennepin Sampling Date: 7/22/2011 ---------Applicant/Owner: Roger Remark State: MN Sampling Point: 1-2 Wet -----------------1 n vest i gator ( s): 8PC (WDC #1125) Section, Township, Range: SE 1/4 Sec. 36, T118N, R23W --------------Land form (hillslope, terrace, etc.): Channel Local relief (concave, convex, none): Concave -----------Slope(%): 2 Lat: -----------Long: __________ Datum: __________ _
Soil Map Unit Name Lester \IWI Classification: None
Are climatic/hydrologic conditions of the site typical for this time of the year? Y (If no, explain in remarks)
Are vegetation ___ , soil , or hydrology significantly disturbed? Are "normal circumstances"
Are vegetation ___ , soil , or hydrology naturally problematic? present? Yes
SUMMARY OF FINDINGS (If needed, explain any answers in remarks.)
Hydrophytic vegetation present? y
Hydric soil present? y Is the sampled area within a wetlarn y ---Wetland hydrology present? y If yes, optional wetland site ID:
Remarks: (Explain alternative procedures here or in a separate report.)
Elevated precipitation previous 12 months.
VEGETATION --Use scientific names of plants.
Absolute Dominan Indicator Dominance Test Worksheet
Tree Stratum (Plot size: 30' ) % Cover t Species Staus Number of Dominant Species
1 that are OBL, FACW, or FAC: 2 (A)
2 Total Number of Dominant
3 Species Across all Strata: 2 (8)
4 Percent of Dominant Species
5 that are OBL, FACW, or FAC: 100.00% (A/8)
0 = Total Cover
SaglinglShrub straturr (Plot size: 15' ) Prevalence Index Worksheet
1 Total% Cover of:
2 O8L species 0 x1= 0 ------3 FACW species 90 x2= 180 ------4 FAC species 0 x3= 0 ---5 FACU species 5 X4= 20 ---0 = Total Cover UPL species 5 x5= 25 ------Herb stratum (Plot size: 5' ) Column totals 100 (A) 225 (8) ---
1 Impatiens capensis 60 y FACW Prevalence Index= 8/A = 2.25
2 Phalaris arundinacea 30 y FACW
3 Cirsium arvense 5 N FACU Hydrophytic Vegetation Indicators:
4 Arctium minus 5 N UPL Rapid test for hydrophytic vegetation -5 X Dominance test is >50% -6 X Prevalence index is :S3.0* -7 Morphogical adaptations* (provide
8 supporting data in Remarks or on a
9 separate sheet) -10 Problematic hydrophytic vegetation*
100 = Total Cover (explain) -Woody_ vine stratum (Plot size: 15' ) *Indicators of hydric soil and wetland hydrology must be
1 present, unless disturbed or problematic
2 Hyaropnyuc
0 = Total Cover vegetation
present? y ---
Remarks: (Include photo numbers here or on a separate sheet)
SOIL Sampling Point: 1-2 Wet
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(Inches) Color (moist) % Color (moist) % Type* Loe** Texture Remarks
0-14 10YR 2/1 100 SCL
14-18 10YR 4/2 95 10YR 4/6 5 C M SCL Sapric (Organic)
*Type: C = Concentration, D = Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. **Location: PL= Pore Lining, M = Matrix
Hydric Soil Indicators: Indicators for Problematic Hydric Soils:
Histisol (A 1) Sandy Gleyed Matrix (S4) Coast Prairie Redox (A16) (LRR K, L, R) -----Histic Epipedon (A2) Sandy Redox (S5) Dark Surface (S7) (LRR K, L) ---Black Histic (A3) Stripped Matrix (S6) 5 cm Mucky Peat or Peat (S3) (LRR K, L, R) ---Hydrogen Sulfide (A4) Loamy Mucky Mineral (F1) Iron-Manganese Masses (F12) (LRR K, L, R) ---Stratified Layers (AS) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (TF12) ----2 cm Muck (A 10) Depleted Matrix (F3) Other (explain in remarks) ----Depleted Below Dark Surface (A11) Redox Dark Surface (F6) -X Thick Dark Surface (A12) -Depleted Dark Surface (F7) *Indicators of hydrophytic vegetation and weltand
Sandy Mucky Mineral (S1) Redox Depressions (F8) hydrology must be present, unless disturbed or ---5 cm Mucky Peat or Peat (S3) problematic --
Restrictive Layer (if observed):
Type: Hydric soil present? y
Depth (inches):
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Prima[Y Indicators (minimum of one is reguired; check all that a1212ly) Seconda[Y Indicators (minimum of two reguired)
Surface Water (A 1) Aquatic Fauna (B13) Surface Soil Cracks (B6)
XHigh Water Table (A2) --True Aquatic Plants (B14) -Drainage Patterns (B10)
X Saturation (A3) -Hydrogen Sulfide Odor (C1) -Dry-Season Water Table (C2) --Water Marks (B1) -Oxidized Rhizospheres on Living Roots Crayfish Burrows (CS) --Sediment Deposits (B2) (C3) Saturation Visible on Aerial Imagery (C9)
-Drift Deposits (B3) -Presence of Reduced Iron (C4) -Stunted or Stressed Plants (D1)
-Algal Mat or Crust (B4) -Recent Iron Reduction in Tilled Soils x Geomorphic Position (D2)
-Iron Deposits (B5) (C6) x FAG-Neutral Test (D5)
-Inundation Visible on Aerial Imagery (B7) -Thin Muck Surface (C7) -
-Sparsely Vegetated Concave Surface (B8) -Gauge or Well Data (D9)
=Water-Stained Leaves (B9) -Other (Explain in Remarks)
Field Observations:
Surface water present? Yes No X Depth (inches): Wetland
Water table present? Yes X No Depth (inches): 3 hydrology
Saturation present? Yes X No Depth (inches): 0 present? y
(includes capillary fringe)
Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
WETLAND DETERMINATION DATA FORM -Midwest Region
Project/Site 14 i Chevy Chase Drive City/County: Orono/Hennepin Sampling Date: 7/22/201 i
Applicant/Owner: Roger Remark State: MN Sampling Point: i-2 Up ------------------lnvestigator(s): BPC (WDC #i i 25) Section, Township, Range: SE i/4 Sec. 36, T118N, R23W --------------Land form (hillslope, terrace, etc.): Terrace Local relief (concave, convex, none): Concave -----------SI ope ( % ) : 2 Lat: ____________ Long: __________ Datum: __________ _
Soil Map Unit Name Hamel \JWI Classification: None ------------------------------------Are climatic/hydrologic conditions of the site typical for this time of the year? Y (If no, explain in remarks)
Are vegetation ___ , soil ___ , or hydrology significantly disturbed? Are "normal circumstances"
Are vegetation ___ , soil ___ , or hydrology naturally problematic? present? Yes
SUMMARY OF FINDINGS (If needed, explain any answers in remarks.)
Hydrophytic vegetation present? N
Hydric soil present? N Is the sampled area within a wetlarn N
Wetland hydrology present? N If yes, optional wetland site ID:
Remarks: (Explain alternative procedures here or in a separate report.)
Elevated precipitation previous 12 months.
VEGETATION --Use scientific names of plants.
Absolute Dominan Indicator Dominance Test Worksheet
Tree Stratum (Plot size: 30' ) % Cover t Species Staus Number of Dominant Species
i that are OBL, FAGW, or FAG: 2 (A)
2 Total Number of Dominant
3 Species Across all Strata: 4 (8)
4 Percent of Dominant Species
5 that are OBL, FAGW, or FAG: 50.00% (A/B)
0 = Total Cover
SaQlinglShrub straturr (Plot size: 15' ) Prevalence Index Worksheet
i Rhamnus cathartica 10 y FAC Total% Cover of:
2 OBL species 0 xi= 0 ------3 FACW species 40 x2= 80 ------4 FAC species 10 x3= 30 ------5 F ACU species 40 X4= 160 ---10 = Total Cover UPL species 20 x5= 100 ------Herb stratum (Plot size: 5' ) Column totals 110 (A) 370 (8) ------
1 Pha/aris arundinacea 40 y FACW Prevalence Index= BIA= 3.36
2 So/idago canadensis 30 y FACU
3 Arctium minus 20 y UPL Hydrophytic Vegetation Indicators:
4 Cirsium arvense 10 N FACU Rapid test for hydrophytic vegetation -5 Dominance test is >50% -6 Prevalence index is :S3.0* -7 Morphogical adaptations* (provide
8 supporting data in Remarks or on a
9 separate sheet) -iO Problematic hydrophytic vegetation*
100 = Total Cover (explain) -WoodY.. vine stratum (Plot size: 15' ) *Indicators of hydric soil and wetland hydrology must be
i present, unless disturbed or problematic
2 Hyaropnyuc
0 = Total Cover vegetation
present? N ---
Remarks: (Include photo numbers here or on a separate sheet)
SOIL Sampling Point: 1-2 Up
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(Inches) Color (moist) % Color (moist) % Type* Loe** Texture Remarks
0-20 10YR 3/2 100 SCL mix with gravel
20-28 10YR 2/1 100 Clay loam
*Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS= Masked Sand Grains. **Location: PL= Pore Lining, M = Matrix
Hydric Soil Indicators: Indicators for Problematic Hydric Soils:
Histisol (A 1) Sandy Gleyed Matrix (S4) Coast Prairie Redox (A 16) (LRR K, l, R) ------Histic Epipedon (A2) Sandy Redox (S5) Dark Surface (S7) (LRR K, L) ------Black Histic (A3) Stripped Matrix (S6) 5 cm Mucky Peat or Peat (S3) (LRR K, L, R) ------Hydrogen Sulfide (A4) Loamy Mucky Mineral (Fi) Iron-Manganese Masses (F12) (LRR K, L, R) ------Stratified Layers (A5) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (TF12) ------2 cm Muck (A 10) Depleted Matrix (F3) Other (explain in remarks) ------Depleted Below Dark Surface (A 11) Redox Dark Surface (F6) ----Thick Dark Surface (A12) Depleted Dark Surface (F7) *Indicators of hydrophytic vegetation and wetland ----Sandy Mucky Mineral (S1) Redox Depressions (F8) hydrology must be present, unless disturbed or ----5 cm Mucky Peat or Peat (S3) problematic --
Restrictive Layer (if observed):
Type: Hydric soil present? N
Depth (inches):
Remarks:
Possibly buried A horizon
HYDROLOGY
Wetland Hydrology Indicators:
Prima[Y Indicators (minimum of one is reguired; check all that a1212ty) Seconda[Y Indicators (minimum of two reguired)
Surface Water (A 1) Aquatic Fauna (B13) Surface Soil Cracks (B6)
-High Water Table (A2) --True Aquatic Plants (B14) --Drainage Patterns (B10)
-Saturation (A3) --Hydrogen Sulfide Odor (C1) --Dry-Season Water Table (C2)
-water Marks (B1) --Oxidized Rhizospheres on Living Roots --Crayfish Burrows (C8)
-Sediment Deposits (B2) (C3) --Saturation Visible on Aerial Imagery (C9)
---Drift Deposits (B3) --Presence of Reduced Iron (C4) --Stunted or Stressed Plants (D1)
---Algal Mat or Crust (B4) --Recent Iron Reduction in Tilled Soils --Geomorphic Position (D2)
.--Iron Deposits (B5) (C6) --FAG-Neutral Test (D5)
-inundation Visible on Aerial Imagery (B7) --Thin Muck Surface (C7) --
-Sparsely Vegetated Concave Surface (B8) --Gauge or Well Data (D9)
=Water-Stained Leaves (B9) --Other (Explain in Remarks)
Field Observations:
Surface water present? Yes No X Depth (inches): Wetland
Water table present? Yes No --x-Depth (inches): hydrology
Saturation present? Yes No --x-Depth (inches): present? N
(includes capillary fringe)
Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Soil Texture and Feature Guide
TEXTURES
LS Loamy Sand An "F" modifier in front
of any sandy soil texture
SL Sandy Loam abbreviation (''S")
represents "Fine" ie.
Loam Loam FSLorFLS.
SiL Silt Loam
SCL Sandy Clay Loam
CL Clay Loam
SiCL Silty Clay Loam
SC Sandy Clay
Clay Clay
SiC Silty Clay
FEATURES
VF very fine
F few F fine F faint
C common M medium D distinct
M many C coarse p prominent
vc very coarse
IOSM Iron Oxide Soft Masses
ORC Oxidized Root Channels
DPL Depletions
Photo 1: View of Wetland 1 edge at transect 1-1 location facing south.
Photo 2: View of Wetland 1 edge at transect 1-2 location facing south.
'.)"'..,~
Photo 3: View of sump/tile outlet.
J
Photo 4 : Wetland area down slope from sump /tile outlet.
Sec. 78-1601. Purpose and intent.
Chapter 78
ARTICLE XI.
WETLANDS PROTECTION
DIVISION 1.
GENERALLY
PC Exhibit H
(a) The purpose of this section is to recognize, preserve and protect the environmental, aesthetic and
hydrologic functions of the city's wetlands by regulating the use of wetlands and their adjacent properties in
conjunction with the goals of the environmental protection plan within the community management plan. These
functions include, but are not limited to, sediment control, pollution control, filtration, fish and wildlife habitat and
aquifer recharge. The surface water management plan will provide guidance for stormwater treatment requirements
and wetland restoration opportunities in order to protect the integrity of wetlands.
(b) The intent of this section is to protect wetlands to the maximum extent possible while allowing a
reasonable use of the property. This section adopts the regulations and standards ofthe Wetland Conservation Act of
1991 (WCA), Laws of Minnesota 1991, chapter 354, as amended, and the rules adopted pursuant to the WCA. It also
establishes a wetland overlay district. This overlay district further regulates the underlying land use as allowed by
other districts or the WCA.
(c) This article applies to, and wetland buffer areas must be created or existing buffer areas must be
maintained around, a protected wetland located partially within, wholly within, or directly adjacent to the property in
the following situations:
(1) When the wetland is required to be replaced or restored, or when the wetland is being altered;
(2) When new development occurs. For purposes of this subsection, new development means:
a. Any subdivision that creates a new lot that has no principal structure on it;
b. Construction of a principal structure on an existing vacant parcel of land;
(3) When redevelopment occurs that has the potential to adversely impact a wetland. For purposes of
this subsection redevelopment means the removal of the principal structure to the extent of more than 50 percent of
its market value and volume and reconstruction on the same property. This requirement does not apply if
construction is the result of less than 75 percent of the building being damaged by an involuntary force, such as fire,
wind, or vandalism;
(4) When any construction or land alteration activity that does not fall within the meaning of
'redevelopment' has the potential to adversely impact a wetland.
For purposes of this section, "the potential to adversely impact a wetland" exists when all of the following three
conditions exist:
a. The portion of the property disturbed by construction or land alteration activity drains to the
wetland; and
b. The amount of grading exceeds 50 cubic yards or the construction activity involves the disturbance of
more than 5,000 square feet of area; and
c. The redevelopment activity results in a net increase in the square footage of impervious surfaces that
drain to the wetland, or results in the relocation of impervious surfaces closer to the wetland, or results in changes to
drainage patterns (slopes, meander patterns, etc) that the city engineer determines will increase the velocity or rate
of runoff to the wetland.
For new development, all wetlands on the property shall be subject to the buffer requirements. For redevelopment
or other grading or construction situations that are not new development, only the wetland that is potentially
adversely impacted shall be subject to the buffer requirement. In the event that the wetland is on an adjacent
property but near enough to the subject property so that buffers to said wetland would extend into the subject
property, the buffer requirements apply.
(Ord. No. 28 3rd series,§ 1, 8-22-2005)
DIVISION 2.
DESIGNATION OF PROTECTED WETLANDS
Sec. 78-1602. Wetland types.
The wetlands protected and regulated by this section are types 1, 2, 3, 4, 5, 6, 7, and 8 wetlands, as defined in circular
39, "Wetlands of the United States", 1971 edition, United States Department of the Interior, unless the wetland is
within a shoreland district in which case the more restrictive rules regarding setbacks would apply. Protected
wetlands are further defined as follows:
(1) Type 1--Seasonally flooded basins or floodplains: Type 1 wetlands are seasonally flooded basins or
flats in which soil is covered with water or is waterlogged during variable seasonal periods but usually is well-drained
during much of the growing season. Type 1 wetlands are located in depressions and in overflow bottom lands along
water courses. Vegetation varies greatly according to the season and duration of the flooding, and includes bottom
land hardwoods, as well as herbaceous plants.
(2) Type 2--/nland fresh meadow: Occurs along the shallow edges of lakes, marshes and floodplains, or in
perched depressions. The soil is usually without standing water during much of the growing season, but is
waterlogged within at least a few inches of the surface. Vegetation includes grasses, sedges, rushes and various
herbaceous plants.
(3) Type 3--/nland shallow fresh marsh: Soil is usually water logged during the growing season, often
covered with as much as six inches or more of water. Vegetation includes grasses, bulrushes, cattails, arrowheads,
smartweeds and other emergent aquatic vegetation.
(4) Type 4--/nland deep fresh marsh: Soil covered with six inches to three feet or more of water during
growing season. Vegetation includes cattails, reeds, bulrushes and wild rice. Open water areas may contain
pondweeds, naiads, coontail, water milfoils and other submergent aquatic vegetation.
(S) Type 5--/nland open fresh water: Water is usually less than ten feet deep and is fringed by a border of
emergent vegetation. Vegetation includes pondweeds, naiads, coontail, water milfoils and other submergent aquatic
vegetation.
(6) Type 6--Shrub swamp: Occurs along sluggish streams or on floodplains. The soil is usually
waterlogged during the growing season, and is often covered with as much as six inches of water. Vegetation includes
alder, willow and dogwood.
(7) Type 7--Wooded swamp: Occurs along sluggish streams, on floodplains, on flat perched depressions
and in shallow lake basins. The soil is waterlogged to within a few inches of its surface during the growing season and
is often covered with as much as one foot of water. Vegetation typical to this wetland includes tamarack, white
cedar, black spruce, balsam fir, red maple and black ash.
(8) Type 8--Bog: Occurs along sluggish streams, on flat perched depressions and shallow lake basins. The
soil is waterlogged and supports a spongy covering of mosses. Vegetation typical to this wetland type includes
sphagnum moss, heath shrubs and sedges. Minnesota bogs contain leatherleaf, Labrador tea, cranberries and pitcher
plants. Scattered stunted black spruce and tamarack also are common features of bogs.
(Ord. No. 28 3rd series, 1, 8-22-2005)
Sec. 78-1603. Boundaries of the wetland overlay districts and designation of official city wetland map.
This section establishes wetland overlay districts. These districts are subject to additional requirements beyond those
required by the WCA. The boundaries of the wetland overlay districts are identified graphically on the official city
wetland map (CWM) which is hereby adopted by reference, a copy of which shall be kept on file in the office of the
city clerk and shall be available for public review during all normal office hours. Wetlands in addition to those shown
on the city wetland map may exist, and may be identified by wetland delineations under WCA rules. If a specific
wetland delineation has been done under WCA rules, then the boundaries of the wetland overlay district for that
location will be as shown in the delineation. The city may require wetland delineations to determine compliance with
WCA rules and to determine administrative wetland boundaries; however, property owners may have wetland
delineations done for their properties on their own initiative. The delineation must be done by a qualified
professional according to WCA rules and be acceptable to the planning director, who may require review by city
consultants or a technical evaluation panel if necessary. Approved WCA wetland delineations must be provided to the
city in a hard copy format and a CAD or GIS format in Hennepin County coordinates. The planning director will have
the approved WCA wetland delineations shown on the official city wetland map. Public waters are not included in the
overlay district, unless a wetland is part of a public water.
(Ord. No. 28 3rd series, 1, 8-22-2005)
Sec. 78-1604. Interpretation of wetlands boundaries.
Whenever a wetland boundary is disputed or uncertain, the planning director may require the submission of a
registered survey of the property and field staking showing the city-designated wetland contour or a delineation of
the wetland, and such other information as the director may require in order to resolve the dispute or uncertainty.
The planning director may require review by city consultants or a technical evaluation panel if necessary. No
boundary change may be authorized on the basis of fill that was placed on the site after the city designated the area
as part of the wetland overlay district. Persons aggrieved by a decision of the planning director may appeal such
decision in accordance with the provisions of section 78-99 of this chapter and the WCA rules.
(Ord. No. 28 3rd series, 1, 8-22-2005)
DIVISION 3.
BUFFER AREAS
Sec. 78-1605. Wetland buffer areas.
(a) This subsection establishes requirements for wetland buffer areas around protected wetlands. Buffer
areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from
erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas
can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of
human activities.
(b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the wetland
edge, and that occur in a natural condition or through restoration. Buffer areas consist of shrubbery and trees, native
grasses and/or forbs that are not mowed, fertilized or manicured in any manner. Mowing, fertilizing, manicuring, or
vegetation removal within a buffer area is not allowed unless the city has issued a permit for such activity in
conjunction with an approved buffer management plan.
(1) Acceptable buffer areas shall have the following qualities:
a. A continuous dense layer of perennial grasses that have been uncultivated or unbroken for at least
ten consecutive years, or
b. An over story of trees and/or shrubs with at least 80 percent canopy closure that have been
uncultivated or unbroken for at least ten consecutive years, or
c. A mixture of the plant communities described in a. and b. above, which have been uncultivated or
unbroken for at least ten consecutive years.
(2) Unacceptable buffer areas have the following qualities, including but not limited to:
a. Undesirable plant species (including but not limited to reed canary grass, common buckthorn, purple
loosestrife, leafy spurge and noxious weeds), or
b. Lacking a layer of organic thatch or duff, or
c. Topography which tends to channelize the flow of surface runoff, or
d. Is characteristically unlikely to retain nutrients and sediment.
(3) Buffer areas which have been broken or cultivated within the past ten consecutive years must be
restored to a condition consistent with an acceptable buffer area defined in section 78-160S(b)(l), a restoration or
landscape plan must be submitted to the planning director, which restoration shall include, replanting and
maintaining according to each of the following guidelines:
a. Buffer areas shall be planted with a seed mix containing 100 percent perennial native plant species,
except for a one-time planting of an annual nurse or cover crop such as oats or rye.
b. The seed mix to be used shall consist of at least 12 pounds pure live seed (PLS) per acre of native
prairie grass seed and five pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain
no fewer than four and five species respectively.
c. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre.
d. Native shrubs and or trees may be used in addition to forbs and grasses. Shrubs shall be distributed
so as to provide a natural appearance and shall not be planted in rows.
e. Native prairie grasses and forbs shall be planted by a qualified contractor.
f. No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites when
deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited
soil testing laboratory.
g. All seeded areas shall be mulched immediately with clean straw at a rate of one and one-half tons
per acre. Mulch shall be anchored with a disk or tackifier.
h. Buffer areas (both natural and created), shall be protected by silt fence during construction and the
fence shall remain in place until the area crop is established, and at that time the fence shall be removed.
(c) Buffer area widths will be based on the wetland protection strategies established in the Orono
Surface Water Management Plan (SWMP) (December 2002). A protection classification has been assigned to each
wetland in Orono based on the stormwater susceptibility and functional assessment for each wetland . The four
protection classifications are described as follows:
Protection Susceptibility Rating Description
Classification
"Preserve" Highly Susceptible Highly susceptible to both quantity and quality impacts from
runoff; have the highest degree of protection
"Manage 1" Moderately Moderately susceptible to quantity and quality impacts;
Susceptible protection is less stringent than Preserve, provides
protection to maintain their characteristics
"Manag e 2" Slightly Susceptible Less stringent protection than Manage 1 wetlands;
maintenance of characteristics is desirable
"Manage 3" Least Susceptible Wetlands are significantly degraded (e.g., cultivated or
canary grass monotype) or lack of wetland characteristics;
not typically impacted by runoff; no quantity and only
limited quality treatment of runoff is required
The protection classification for each wetland will be found on the "Wetland Management Classification Map List"
which is hereby adopted by reference, a copy of which shall be kept on file in the office of the city clerk and shall be
available for public review during all normal office hours. The following are the required buffer area widths for each
protection classification :
Protection Classification Width of Buffer Area Additional Protection Requirements (B =
from Wetland Bounce= Change in water level due to
Boundary runoff event) (P = Phosphorus)
"Preserve" 50 feet B: Maintain bounce at or below existing
conditions P: Limit loadings to
predevelopment loading (0.14 Lbs./Ac/Yr)
"Manage 1" 35 feet B: Maintain bounce at o r below existing
conditions plus 0.5 foot P: Limit loadings to
I predevelopment loadings times 2 (0.28
Lbs/Ac/Yr)
"Manage 2" 25 feet B: Maintain bounce at or below existing
conditions plus 1.0 foot P: Limit
concentration to predevelopment
concentrations (200 ppb)
"Manage 3" 16.5 feet B: No quantity requirement P: Limit
concentration to 225 ppb
(d) In cases of new development or redevelopment the city shall require that vegetation in the wetland
buffer be installed prior to the issuance of the certificate of occupancy. The city may waive this requirement in lieu of
a cash escrow or letter of credit equal to 150 percent of the cost to install the required buffer.
(e) The city may allow the disturbance of an existing buffer area during the course of construction
activity. This disturbance must be kept to a minimum, soils must be decompacted to a level that will accommodate
root growth, and the buffer area must be re-established as required by the city. The city will determine the amount
of allowable disturbance. The city may require a cash escrow or letter of credit equal to 150 percent of the cost to re
establish the buffer to its original condition.
(f) The city may require buffer area planting and maintenance when the city determines that there is
inadequate vegetation in the buffer area to meet the intent of this section. The city may require a cash escrow or
letter of credit equal to 150 percent of the estimated cost of the vegetation and installation. The escrow or letter of
credit must be valid for up to two years and may be used by the city to replace any vegetation that dies.
(g) The affected property owner or homeowner association that is responsible for the maintenance
must:
(1) Maintain and repair damage to buffer areas from such activities as mowing, cutting, grading or other
prohibited activities, unless mowing is approved by the city as a buffer management plan. Permission must be
obtained from the city before implementing buffer management plans, which may include mowing, burning, and the
use of herbicides.
(2) Maintain only the permitted vegetation in the buffer area and must remove all noxious weeds and
invasive, non-native species such as European buckthorn, upon obtaining a vegetation removal permit from the city
in conjunction with an approved buffer management plan.
(3) Ensure that all soil surfaces in the buffer area are planted with the permitted vegetation and that
there is no open soil surface that may result in erosion.
(4) Ensure that livestock or other domesticated animals which have the potential to permanently disturb
the buffer area by compaction or vegetation removal be kept from entering the buffer area and wetland by a fence or
other suitable means.
(h) The final upslope edge of the buffer shall be provided to the city in a hard copy and in a CAD or GIS
format in Hennepin County coordinates.
(i) Golf course partial exemption. Public and private golf courses existing and in operation on the date of
adoption of this article shall be allowed a partial exemption from buffer creation and maintenance requirements with
regards to mowing or cutting buffer vegetation in areas subject to golf play, subject to the following:
(1) At such time that this article requires establishment of a buffer, applicant shall submit a certificate of
survey identifying the location, size and type of the wetland for which buffer exemption is requested.
(2) Applicant shall submit a buffer management plan for city council approval, identifying those areas
where exemption is requested and providing for alternative methods of wetland protection equivalent to an
unmowed buffer.
(Ord. No. 28 3rd series,§ 1, 8-22-2005)
DIVISION 4.
USES
Sec. 78-1606. Permitted uses.
(a) Within the wetland overlay districts no land may be used except for one or more of the following
uses:
(1) Native wetland vegetation, provided that no change is made to the ground elevation;
(2) Wildlife and nature preserves;
(3) Overhead utility lines and poles that are less than two feet in diameter;
(4) Docks which provide reasonable access to the lakeshore and do not exceed eight feet in width;
(5) Public and private flood control structures, ponding and drainage facilities and associated accessory
appurtenances as approved by the city; or
(6) Environmental monitoring or control facilities, including those related to water quality and wildlife
regulation.
(b) Within wetland buffer areas no land may be used except for one or more of the following uses:
(1) Native vegetation, provided that no change is made to the ground elevation;
(2) Wildlife and nature preserves;
(3) Boardwalks, docks or other reasonable access to the wetland not exceeding eight feet in width, poles
that are less than two feet in diameter to be used for boardwalks and bridges;
(4) Public and private flood control structures, ponding and drainage facilities and associated accessory
appurtenances as approved by the city;
(S) Environmental monitoring or control facilities, including those related to water quality and wildlife
regulation;
(6) Overhead utility poles and lines that are less then two feet in diameter, under-ground utility lines and
distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes and other equipment that
provides an essential public service;
(7) Retaining walls if the city determines that the retaining wall will protect the wetland from conditions
of erosion, when approved as part of a wetland permit application.
(Ord. No. 28 3rd series,§ 1, 8-22-2005)
Sec. 78-1607. Conditional uses.
(a) Within the wetland overlay districts and the wetland buffer areas no land may be used for the
following except by conditional use permit and except in conformance with the standards specified in section 78-
1608 of this article:
(1) Private and public recreational uses, including golf courses, impervious trails, picnic grounds and boat
ramps;
(2) Public utilities, including necessary structures;
(3) Other non-structural facilities similar to those permitted by this section which also meet the intent of
this section, as determined by the city; or
(4) Public structures associated with recreational uses permitted by this section or by section 78-1606 of
this section that are designed in an environmentally sensitive manner and will withstand periodic flooding, except for
structures designed or used for habitation or the storage of equipment.
(5) Unpaved hiking, skiing and horseback riding trails which comply with WCA standards.
(b) No conditional use permit will be granted unless its approval will not adversely impact wetlands, the
wetland buffer area, and surrounding properties, the intent of this article or the goals and policies of the community
management plan. If applicable, granting of a conditional use permit will be conditioned upon approval of the
request by all other appropriate regulatory governmental agencies, including but not limited to the Minnehaha Creek
Watershed District (MCWD), the Lake Minnetonka Conservation District (LMCD), or the Minnesota Department of
Natural Resources.
(Ord. No. 28 3rd series,§ 1, 8-22-2005)
DIVISION 5.
STANDARDS FOR THE WETLAND OVERLAY DISTRICT, BUFFER AREAS AND NEIGHBORING LANDS
Sec. 78-1608. Standards.
The following standards apply to all land within the wetland overlay districts, wetland buffer areas, and to
neighboring lands:
(1) Protection of wetlands and wetland buffer areas.
a. Except as modified or regulated by the standards of this subsection, all requirements of the
underlying zoning district apply.
b. No structures are allowed in the wetland overlay districts, or wetland buffer area except those
allowed as of right or by conditional use permit by sections 78-1606 or 78-1607 of this article.
c. Activities including, but not limited to, building (other than a boardwalk or dock), paving, mowing,
vegetation removal, filling, dumping, yard waste disposal or fertilizer application are prohibited, except that certain
such activities may be permitted when approved by the city as a buffer management plan . Invasive non-native
vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal
permit from the city.
d. Before grading or construction near a wetland overlay district or buffer area, the owner or contractor
must place erosion control fencing on the upland side of the perimeter of the wetland overlay district or wetland
buffer area, which ever is more restrictive, or as required by the city. This fencing must remain in place until all
development activities that may affect the wetland and the wetland buffer area have been finished and adequate
vegetative cover has been established at which time the fencing must be removed.
e. All structures must have a minimum basement floor elevation not less than one foot above the 100-
year flood elevation.
f . All hard-surface runoff must be treated in accordance with the requirements of the city and the
appropriate watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of
appropriate scale. Structures and ponds serving this purpose must be properly maintained and serviced by the
property owner.
g. Discharge into the wetlands must occur at a rate no greater than allowed by the city engineer in
accordance with the city's surface water management plan and the appropriate MCWD requirements.
(2) Setbacks.
a. All buildings (principal and accessory), must be setback at least 20 feet from the upslope edge of the
wetland buffer. Exceptions: Play structures (including sport court type structures), grade-level decks, patio slabs,
driveways, sidewalks and parking lots .
b. A setback from the buffer area is not required for overhead utility poles and lines that are less than
two feet in diameter, underground utility lines and distribution equipment, light poles, traffic signals, traffic
regulatory signs, mailboxes, entrance monuments meeting section 78 -1405(8) and other equipment that provides an
essential public service .
c. A setback from the buffer area is not required for fences or retaining walls.
(3) Nonconformities.
a. Effect of wetland boundary expansion. An existing structure, driveway or parking area meeting the
required setback from a city-designated wetland boundary or buffer area is considered a legal nonconforming
development if a later wetland delineation or implementation of a wetland buffer shows that the wetland or its
buffer is closer than the required setback.
b. Existing nonconformities. An existing structure, driveway or parking area that does not meet the
required setback from a city-designated wetland boundary or buffer area, is considered a legal nonconforming
development.
c. Avoiding future nonconformities . In order to avoid the creation of future nonconformities, in
ituations where development, redevelopment or construction activity does not trigger the establishment of a buffer,
the following setbacks shall apply:
1. All new buildings shall mainta i n a setback from a delineated wetland boundary equivalent to the
width of the buffer area per the chart in section 78-1605{c) plus the required 20 foot buffer setback .
2. All new non-structural impervious surfaces and those structures listed as exceptions in section 78-
1608{2)(a) above shall maintain a setback from the delineated wetland boundary equivalent to the width of the
buffer area per the chart in [section] 78-1605(c).
d. Buffer flexibility . Where existing structures or surfaces are located within an area that would be
required for establishment of a buffer under this article, alternative methods of wetland protection may be approved
by the city council to avoid creating unreasonable impacts on the existing use of a property. Such methods may
include but are not limited to buffer width averaging, redirection of drainage to an area where buffer is feasible, use
of rain gardens, cisterns or rain barrels, etc.
(Ord. No. 28 3rd series,§ 1, 8-22-2005)
Sec. 78-1609. Removal of lands from the wetlands overlay district.
(a) Removal of wetlands from a wetland overlay district (i.e . by filling, etc) requires a zoning amendment
and an amendment of the official city wetland map . The amendments must be made pursuant to the provis ions of
section 78-43 of this chapter and WCA replacement rules . These amendments must be consistent with the purpose of
this article, the city's surface water management plan and the goals and policies of the community management plan .
In determining the appropriateness of a rezoning request, the city council will consider the size of the wetland
overlay district, the magnitude of the area proposed for removal, hydrological and ecological effects and the type and
function of wetlands involved in order to provide the maximum feasible protection.
(b) Wetlands within an overlay district may only be removed according to WCA rules and if at least an
equal area of wetland replacement is created to compensate for the wetland being filled. Unless otherwise approved
by the city council, compensatory wetland area must be provided within Orono and within the same subwatershed
(Painter's Creek, Long Lake Creek, Classen Creek, Lake Minnetonka) as the wetland being altered, if available .
(c) In addition to application requirements, the city may require submission and approval of the
following information :
(1) A copy of the wetland replacement plan application submitted to the MCWD;
(2) A concept plan showing the ultimate use of the property;
(3) A grading plan , in hard copy format and a CAD or GIS format in Hennepin County coordinates, with
appropriate drainage calculations and erosion controls prepared by a registered engineer;
(4) A landscaping or revegetation plan;
(5) Such other information as may be necessary or convenient to evaluate the proposed permit; and
(6) A MnRAM assessment approved by the MCWD.
(Ord . No . 28 3rd series, § 1, 8-22-2005)
Sec. 78-1610. Alteration of wetlands.
(a) No alteration of land within a wetland overlay district or a wetland buffer is allowed without a
wetlands alteration permit, subject to recommendation by the planning commission and approval of the city council.
The planning commission must hold a public hearing after notifying the property owners within 350 feet ofthe
property on which the proposed alteration will occur. Activities that constitute an alteration regulated by this section
include changes to the size, depth or contour of the wetlands or its buffer, dredging, or alterations of wetlands or
buffer vegetation. Alterations do not include wetland planting or the selective clearing or pruning of trees or
vegetation that are dead, diseased, noxious weeds or similar hazards. A wetland alteration permit is not required
when a wetland district is rezoned to another zoning classification.
(b) Alteration of land within a wetland overlay district will only be allowed if water storage is provided in
an amount compensatory to that removed. Unless otherwise approved by the city council, compensatory wetland
area must be provided within the same subwatershed district as the wetland being altered. In determining the
appropriateness of an alteration request, the city council will consider the size of the total wetland district, the
magnitude of the area proposed for alteration, the aesthetic, hydrological and ecological effect, the type and function
of wetlands involved, and such other factors as may be appropriate in order to provide the maximum feasible
protection to the wetlands. Application for a wetlands alteration permit must be accompanied by such information as
required by the city, including:
(1) A copy ofthe wetland replacement plan application submitted to the MCWD;
(2) A concept plan showing the ultimate use of the property;
(3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County coordinates, with
appropriate drainage calculations and erosion controls prepared by a registered engineer;
(4) A landscaping or revegetation plan;
(5) Such other information as may be necessary or convenient to evaluate the proposed permit; and
(6) A Mn RAM assessment approved by the MCWD.
(Ord. No. 28 3rd series,§ 1, 8-22-2005)
Sec. 78-1611. Public control of wetlands.
(a) The city council may require that the owner of any property affected by this article must establish
wetland and buffer area easements or restrictive covenants to be recorded within the property's chain of title. These
easements or covenants must describe the boundaries of the wetland and buffer area; document the obligations of
the property owner with regards to the wetland buffer; and prohibit any building, paving, mowing (unless approved
as a buffer management plan), cutting, filling, dumping, yard waste disposal or fertilizer application within the
wetland and the buffer area. The owner or developer must record these easements or covenants with the final plat,
with deeds from a lot division or, if no subdivision is involved, before the city issues a grading permit or building
permit for an affected property. The applicant must submit evidence that the easement or covenant has been
submitted to the county for recording.
(b) If the city council does not require an easement or covenant, the city may record a notice of the
wetland and buffer area requirements against the property. The property owner must still comply with the
requirements of this section.
(Ord. No. 28 3rd series,§ 1, 8-22-2005)
Sec. 78-1612. Wetland buffer markers.
When new development or redevelopment results in multifamily residential or a business use, the developer must
place markers at the upland boundary of the wetland buffer edge at least every 200 feet, subject to city approval. The
developer must submit a location plan in hard copy format and a CAD or GIS format in Hennepin County coordinates
and must use uniform markers provided by the city. The city will charge a reasonable cost for the markers and
approve the location of the markers prior to installation.
(Ord. No. 28 3rd series,§ 1, 8-22-2005)
Sec. 78-1613. Violations.
Violation of the provisions of this article or failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a
misdemeanor and shall be punishable as defined by law.
(Ord. No. 28 3rd series,§ 1, 8-22-2005)
Sec. 78-1614. Authority/enforcement actions.
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or
remedy any violation. Such actions may include but are not limited to:
(1) In responding to a suspected article violation, the planning director and the city may utilize the full
array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the
fact permits, and/or orders for corrective measures to the guilty party.
(2) When an article violation is either discovered by or brought to the attention of the planning director,
the planning director shall immediately investigate the situation and document the nature and extent of the violation
of the official control. As soon as is reasonably possible, this information will be submitted to the MCWD along with
the community's plan of action to correct the violation to the degree possible.
(3) The planning director shall notify the suspected party of the requirements of this article and all other
official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is
under construction or development, the planning director may order the construction or development immediately
halted until a proper permit or approval is granted by the community. If the construction or development is already
completed, then the planning director may either: (1) issue an order identifying the corrective actions that must be
made within a specified time period to bring the use or structure into compliance with the official controls; or (2)
notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of
time not to exceed 30-days.
(4) If the responsible party does not appropriately respond to the planning director within the specified
period of time, each additional day that lapses shall constitute an additional violation of this article and shall be
prosecuted accordingly. The planning director shall also upon the lapse of the specified response period notify the
landowner to restore the land to the condition which existed prior to the violation of this article.
(Ord. No. 28 3rd series,§ 1, 8-22-2005)
PC Exhibit I/, 2335 Highway 36 W
St. Pau~ MN 55113
Tel 651-636-4600
Fax 651-636-1311
www.bonestroo.com
August 31, 2011 -fteonestroo
Melanie Curtis
Planning and Zoning Coordinator
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
Re: 141 Chevy Chase Drive
File No. 000139 -11000-1
File No. 11-3524
Dear Melanie:
We have reviewed the plans for a proposed garage addition to the existing home at 141 Chevy
Chase Drive. The plans are dated 8-9-11. We have the following comments with regards to
engineering matters:
• The proposed driveway and grading adjacent to the proposed garage is acceptable from
an engineering standpoint.
• The proposed rain garden must have an under drain system (draintile) to function
properly.
• Please see the attached memo from John Smyth dated 8-31-11 for comments regarding
the wetland buffer.
• This project will disturb more than 100 CY of material. Sediment and erosion control
information meeting the requirements of Orono's City Code 79 -7(c)(2) must be
submitted. The minimum $2000 sediment and erosion control financial security should
be required of the owner for this permit.
If you have any questions, please call me at (651) 604-4894 or send an email to
darren.amundsen@bonestroo .com .
Sincerely,
BONESTROO
0 -~
Darren Amundsen
Cc: Tom Kellogg
Chris Mattson
Memorandum *•Bonestroo
2335 Highway 36 W
St. Paul, MN 55113
To: Melanie Curtis Project: 141 Chevy Chase
Drive Date: 8/31/11
Tel 651-636-4600
Fax 651-636-1311
From: John Smyth Client: City of Orono www .bonestroo.com
File No.: 139-11000
Re: Wetland Buffer Variance Review 11-3524
I have reviewed the Wetland Buffer Variance Application completed by Arrowhead Environmental
Consulting on behalf of the Remarks.
The proposed improvements to mitigate the loss of the buffer include expansion of the buffer
along the east and south half of the lot. The proposed location of the buffer would help
filter/treat the backyard drainage that drains from north to south. South of the house where
expansion of the buffer is not possible they have proposed a rain garden. This will help mitigate
the loss of wetland buffer that would exist at this location and provide treatment of the new
impervious surface being added by the garage.
In order to insure that the improvements will function, more detail should be provided for the
native vegetation establishment in the buffer and overall rain garden design. For the wetland
buffer site preparation, seeding approach, as well as seeding and planting locations and species
should be provided.
For the rain garden, in addition to the tile recommended by Darren Amundsen, it is recommended
that a soil correction occur in the location of the rain garden to insure infiltration to the tile. This
requires that 18 -24 inches of the existing soil be removed and replaced with planting media.
The proposed elevation of the top and bottom of the rain garden should be provided. A typical X
section of a rain garden is provided below.
NOTES
I. Heavy eowprne:nt and traffic shall be restncted from traveling over the 1nfdtrat1on
trenches to m1rnmize compact,ng of the soi!.
2. Rain Garden shall not recewe runoff unt1i the ent:re dramag-e area corn:nbut:ng to th€
ra!f'l g-arden has been stab1i:zed.
3. Select granular borrow conform5 to MnDOT Spec3149.2.b
4. Prem:um topsrn1 borra.v conforms to MnDOT Spec. 3877.2.C
'· _Grade
(Depth 3° w-ax.)
Tors is a doubie shredded
hardwood muich and sha11
meet the requirements of
Mn/Dct 3882.2 Type 6 I
100% Coconut
f F,ber Bk3nket _1
==·!\~~<·~, ~-•·lk·' -i.·~~---:-~--,~~~-
""'"°' Geotexn:e J _ / "-------,--t
fabric (typ.) Geotext,~ •
Fabtl(, Type: I
K:\139\139110000\Communications\Wet!and Ordinance Compliance\141 Chevy Chase\Melanie_JS"Memorandum.docx [TNS 06-20101 Page 1 of 1
RUN DATE : 8/10/2011
38 36-118-23 14 0013
ASJUANG&GY JUANG
455 FERNDALE RD N
ANDY & GRACE JU ANG
455 FERNDALE RD N
WAYZATAMN 55391
38 36-118-23 41 0024
CI & C SATTERVALL
137 CHEVY CHASE DR
CHERYL I & CRAIG SA TTERV ALL
137 CHEVY CHASE DR
WAYZATAMN 55391
38 36-118-23 41 0027
HENNEPIN FORFEITED LAND
143 CHEVY CHASE DR
CITY OF ORONO
P OBOX66
CRYSTALBAYMN 55323
38 36-118-2341 0042
HENNEPIN FORFEITED LAND
132 CHEVY CHASE DR
CITY OF ORONO
POBOX66
CRYSTALBAYMN 55323
AS IT APPEARS THIS DATE ON THE &ECO
DATE : AIIG ] 0 2011
HENNEPIN C'-'v l'ITY PROPERTY INFORMATION SYSTEM (PROPERTY OW ,--d.S LIST) PC ExhibitJ
38 36-118-23410001
DAMIAN & ROSEMARIE TOPOUSIS
395 FERNDALE RD N
DAMIAN & ROSEMARJE TOPOUSIS
395 FERNDALE RD N
WAYZATAMN 55391
38 36-118-2341 0025
B J BEL TRAND & W J BEL TRAND
139 CHEVY CHASE DR
B J BEL TRAND & W J BEL TRAND
139 CHEVY CHASE DR
WAYZATA MN 55391
38 36-118-23 41 0033
ALICE L JOHNSON
106 CHEVY CHASE DR
ALICE L JOHNSON
106 CHEVY CHASE DR
WAYZATA MN 55391
38 36-118-23 41 0043
HENNEPIN FORFEITED LAND
136 CHEVY CHASE DR
CITY OF ORONO
POBOX66
CRYSTAL BAY MN 55323
38 36-118-23 41 0002
DONALD CHASE JR ET AL TRUSTE
365 FERNDALE RD N
PATRICIA & DONALD B CHASE JR
365 FERNDALE RD N
WAYZATAMN 55391
38 36-118-23 41 0026
ROGER D & MEGAN M REMARK
141 CHEVY CHASE DR
ROGER D & MEGAN M REMARK
141 CHEVY CHASE DR
WAYZATAMN 55391
38 36-118-23 41 0034
KARLYN R MA TISON
108 CHEVY CHASE DR
KARLYN R MA TISON
108 CHEVY CHASE DR
WAYZATAMN 55391
38 36-118-23 41 0044
MICHAEL & KATIE SIMPSON
142 CHEVY CHASE DR
MICHAEL & KATIE SIMPSON
142 CHEVY CHASE DR
WAYZATAMN 55391
RECEIVED
AUG 11 zun
CITY OF ORONO
#3524
RECEIVED PC Exhibit K
H Hennepin County Mailing Label Map
Provided By: Taxpayer Services Department CITY OF ORONO
(15) ( 3 (14)
36-118-23-14 I l
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(3) z
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(31
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(281
36-118-2 3-4
11 l
(17)
For more information contact :
Hennepi n County GIS Division
300 South 6th Street
Minneapol i s, MN 55487
gis . info@co . hennepin . mn . us
Map Comments:
141 CHEVY CHASE DR
ORONO,MN
( )
l I
Print Date: 8/10/2011
Map Scale: 1" = 203'
Buffer Size: 150 feet
133)
( )
(31)
Map Letend :
Wate.-
Park
Parcel
CJ Buffer Region
Selected Pa.-cels
(30)
(63)
Major Roads
Minor Roads
#3524
CITY OF ORONO
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
952.249.4600
TO: Roger & Megan Remark
141 Chevy Chase Dr
Wayzata, MN 55391
TYPE OF APPLICATION:
DATE OF MEETING:
Variance
ZONING FILE: 11-3524
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: 26 September 2011
COPIES:
26 September 2011 VOTE: 5 FOR 0 AGAINST
Motion: To approve the setback variance consistent with the planning commission
recommendation .
Applicant's Next Meeting: City Council , Monday, October 10, 2011 for resolution approval.
This meeting begins at 7 PM .
If you desire certified copies of the official Council minutes, they are available from the City
Clerk after review and approval by the City Council.
If you have questions please contact Melanie Curtis, Planning & Zoning Coordinator, at
mcurtis@ci.orono.mn.us or 952.249.4627.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday , September 26 , 2011
7:00 o'clock p.m.
*5. 1-3513 RYAN COMPANIES US, INC., 450 AND 550 OLD CRYST~-11,....
NORTH-D LOPMENTAGREEMENTAMENDMENT
Rahn moved, Printup seco d, to approve the Second Amend to Development Agreement for
the Crystal Bay Business Center. TE: Ayes 5, Nays 0.
*6. #11-3518 WILLIAM H. KOCH, 3251 CO CIRCLE, VARIAN CE AND
CONDITIONAL USE PERMIT -RES ION NO. 8
Rahn moved, Printup seco , to adopt RESOLUTION NO. 6078, a e ·on Granting a
Conditional Use Per · and Hardcover Variances per Municipal Zoning Code Sec 78-966, 78-
967, 78-1247 -283, 78-1286(8) & (D) and 78-1288, for the property located at 3251 Case
VO : Ayes 5, Nays 0.
*7 . #11-3514 ROGER AND MEGAN REMARK, 141 CHEVY CHASE DRIVE"'-VARIANCE
Rahn moved, Printup seconded, to direct Staff to draft a resolution approving a wetland and buffer
setback variance for the property located at 141 Chevy Chase Drive. VOTE: Ayes 5, Nays 0.
RECOGNITION OF PLANNING COMMISSION MEMBER LINDA FEUSS -
OLUTION NO. 6079
Rahn mo , Printup seconded, to adopt RESOLUTION NO. 6079, a Resolution o ppreciation to
Linda Feuss Dedicated Service to the City of Orono. VOTE: Ayes 5, Nays 0.
9. PLANNIN OMMISSION MEMBER APPOINTMENT
Printup commented he has s ken with Kevin Landgraver about the Pla · g Commission appointment
and that he was excited to fill t vacancy. Printup noted that Landgra r is on vacation and was unable
to attend tonight's meeting.
Printup moved, Franchot seconded, to oint Kevin Lan raver to the position of Planning
Commission member effective immediate} VOTE: A s 5, Nays 0.
CITY ENGINEER'S REPORT
10. OLD CRYSTAL BAY ROAD UP TIMATES AND FINANCIAL
INFORMATION
Amundsen stated the majority of the 'nformation contained in his repo as discussed at the last meeting
and that Ron Olson will be provi ·ng some additional information on the 1 ncial side.
Olson stated as it relates to e MSA bonds that were sold last November, the Ci old $1 ,660,000 in
bonds to fund the Old stal Bay Road project. The other question that was raised a he last Council
meeting was regardi g when the funds would have to be used. Olson indicated he spoke ith the MSA
Office but they d' not have a definite timeline for when the funds would need to be used. MSA had
indicated the ad one city that had paid off the bonds for a project but actually never complete e
project.
·--r--------------Page 2 of 10
NOTICE OF PLANNING COMMISSION ACTION
CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
952.249.4620
TO: Roger & Megan Remark
141 Chevy Chase Drive
Wayzata, MN 55391
TYPE OF REQUEST: Variance
DATE OF MEETING: 19 September 2011
ZONING FILE: 11-3524
DATE OF NOTICE: 20 September 2011
COPIES: Via Email
The Orono Planning Commission voted on a motion to recommend approval of the variance request .
VOTE: 6 FOR 0 AGAINST
Applicant's next meeting is tentatively scheduled as: Monday, September 26, 2011
This is a City Council meeting. The meeting begins at 7 PM
If you desire certified copies of the official Planning Commission minutes, they are available from the
City Recorder after review and approval by the Planning Commission. If you have questions, please
contact Planning & Zoning Coordinator, Melanie Curtis at mcurtis@ci.orono.mn .us or 952.249 .4627 .
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 19, 2011
6:30 o'clock p.m.
The Orono Pla ing Commission met on the above-mentioned date with the follow.· g members present:
Chair Loren Schoe it, Commissioners John Thiesse, Hue Alexander, Denise eskinen , Jon Schwingler,
and Lizz Levang. Repre ting Staff were Assistant City Administrator fi ong-Term Strategic
Planning Mike Gaffron , Pia Coordinator Melanie Curtis, and Re rder Jackie Young.
Chair Schoenzeit called the meeting to o rat 6:30, followe y the Pledge of Allegiance.
CONSENT AGENDA
Leskinen moved, Levang seconded, to a ove the Conse Agenda as submitted. VOTE: Ayes 6,
Nays 0.
*1. APPROVAL OF P~_nn _.u G COMMISSION MEETING
2011
Leskinen mov , Levang seconded, to approve the minutes of the Orono Planning Co
meeting o ugust 15, 2011, as submitted. VOTE: Ayes 6, Nays 0.
2. #11-3524 ROGER AND MEGAN REMARK, 141 CHEVY CHASE DRIVE, VARIANCE,
6:33 P.M. -6:46 P.M.
Roger and Megan Remark, Applicants , were present.
Curtis stated the applicants are requesting a wetland setback variance to allow construction of an attached
garage. The applicants are proposing to construct an approximate 900 square foot attached garage
addition, with additional living space, to replace their existing 400 square foot attached garage.
The adjacent property contains a large , Preserve classification wetland which extends on to the applicants'
property. Preserve wetlands are determined to be the highest quality wetlands. They also warrant the
highest level of protection which equates to the largest buffer: a 50-foot buffer plus a 20-foot structural
setback from the buffer is required. The applicants' property contains a small area of wetland on the
southeast corner. This wetland is part of a larger , Preserve classification wetland on the property to the
south.
Earlier this summer the applicants applied for a permit to construct a small dining room addition to the
north side of the home. This addition did not trigger the buffer requirements of the wetland ordinance .
Staff's estimation of the edge of the buffer placed the proposed dining room addition outside of the
required 70-foot total setback from the wetland.
Because the applicants are now requesting a permit to construct the garage addition, which is located
much closer to the wetland, a wetland delineation was necessary and required . The project, plus the
dining room project, does not move enough soil to trigger the requirement to implement the 50-foot wide
vegetative buffer and therefore a buffer plan is not required. City Code prohibits the creation of new
nonconformities , which requires that the garage must be constructed to meet the required 70-foot total
-----------------Page 1
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 19, 2011
6:30 o'clock p.m.
setback. The 70-foot setback extends into the middle of the existing home. It should be noted that the
new dining room addition partially encroaches into this setback as well.
The applicants are requesting a variance from the required 70-foot setback in order to construct the garage
addition. They have proposed the creation of a native planting area and rain garden in order to mitigate
the potential negative impacts from the proposed encroachment. The rain garden would be located along
the south property line to separate and treat storm water from the property before it reaches the wetland.
They are also proposing to create a 2,500 square foot native planting improvement along the eastern, rear
property line to offer additional buffer benefits. The proposed native planting area will include the
"knob" of wetland on their property where their existing sump pump discharges to offer additional
treatment opportunity in this area .
Staff finds practical difficulties are present due to the location of the existing home and its proximity to
the adjacent wetland. The required 70-foot wetland and buffer setback extends into the middle of the
existing home making modifications to the home outside of the existing footprint impossible without
variances. An existing drainage swale area cuts from the east to the west across the northern portion of
the property and is an additional limiting factor on the buildable area of the property. If the property were
vacant today, the buildable envelope would have a high impact on the shape and location of the existing
home .
The applicants' request is consistent with the surrounding neighborhood. The proposed addition will meet
the required side yard setback. The proposed addition will only add an additional 425 square feet of
structural coverage to the property, resulting in a total of 7 .6 percent structural coverage. The Planning
Commission should determine if the addition of a garage stall with living space above falls within the
definition of practical difficulty.
The Planning Commission should consider the following issues:
1. Does the Planning Commission find that the property owner proposes to use the property in a
reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance, if granted, will not alter the essential
character of the neighborhood?
3. Does the Commission find the applicants' proposed mitigation methods sufficient or is it
necessary to impose additional conditions in order to mitigate the impacts created by the granting
of the requested variances?
4. Does the Planning Commission find it necessary to require easements over the proposed rain
garden and wetland mitigation area to protect the areas in perpetuity?
Planning Staff recommends the applicants be required to comply with the City Engineer's
recommendations as well as requirements from the Minnehaha Creek Watershed District as part of any
approvals.
Thiesse asked if the sump pump would drain to the rain garden.
-----------------Page2
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 19, 2011
6:30 o'clock p.m.
Curtis indicated it would not. The applicants are proposing to include some native plantings in the area of
the rain garden to improve filtration.
Thiesse asked whether the City has any guidelines for rain gardens.
Curtis indicated the City Engineer has provided some guidance on the rain garden and that the applicants
have submitted a detailed plan that the City Engineer is in the process of reviewing.
Thiesse asked if the majority of the buffer exists on the adjacent property.
Curtis indicated it does.
Roger Remark, Applicant, stated he purchased the house in 1994 and the house was constructed in 1958.
They are looking to add a mud room in the garage and also a master bedroom and bath above the garage.
Remark indicated they installed drain tile in the house and installed the outlet in the grassy area along the
property line. A substantial number of plants that are typically present in a wetland are located in that
area. Prairie Restoration has been contacted to come in and remove the switch grass that exists, which is
a nonnative species, and also undertake a complete restoration of the buffer area and rain garden.
Remark stated it is not a huge addition but one that will improve their lifestyle.
Schoenzeit asked why they elected to have the drainage go in that direction.
Remark illustrated the drainage from the Wayzata Country Club. The neighbors have a settling pond in
their back yard. Remark indicated they are limited on the north side of the property to construct any kind
of garage addition. The proposed garage is located at the 10-foot setback. Remark indicated they utilized
Kathy Alexander to design a plan. With the setback as it currently exists, which goes through the middle
of the house, they do not have any other option but to seek a variance.
Schoenzeit commented it is fairly dry out there currently so it was difficult to see which direction the
drainage flowed.
Remark stated in the spring the area was a lot wetter.
Levang asked whether the applicant has obtained any further information on the sump pump draining into
the rain garden.
Remark indicated it would not be a problem to extend it to the rain garden if required.
Levang asked whether Mike Gaffron would be okay with that option.
Gaffron asked if the drain tile and sump pump are taking ground water and not surface water.
Remark stated it is all ground water.
Gaffron stated if that is the case, he is less concerned about treating it than if it was running through the
yard and picking up nutrients. Gaffron asked if the drain tile is gravity flowed from the basement level.
-----------------Page 3
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 19, 2011
6:30 o'clock p.m.
Remark indicated it is and that he can extend it out to the edge of his property if necessary.
Gaffron asked whether it could be run into the rain garden along the garage.
Remark stated it is possible to run it all the way to the rain garden and that it is approximately five to six
feet in length.
Levang asked whether that would be a recommendation of Staff.
Gaffron commented he would not be opposed to that recommendation if the City Engineer felt it was
appropriate.
Remark stated the rain garden could also be extended.
Chair Schoenzeit opened the public hearing at 6:43 p.m.
There were no public comments regarding this application.
Chair Schoenzeit closed the public hearing at 6:43 p.m.
Schoenzeit stated as it relates to practical difficulty, it is clear from tonight's discussion that the other side
of the property is not suited for the addition. The applicants are well within their setback requirements
and structural coverage. Schoenzeit stated in his view the applicant has met the standard for a practical
difficulty.
Leskinen commented the applicant is also willing to do what is necessary to mitigate the runoff and that
the addition is conservative in size.
Schwingler commented the proposal is also consistent with the character of the neighborhood.
Thiesse moved, Schoenzeit seconded, to recommend approval of Application #11-3524, Roger &
Megan Remark, 141 Chevy Chase Drive, granting of a wetland setback variance subject to the
recommendations of Staff and the City Engineer. VOTE: Ayes 6, Nays 0.
#11-3525 BCD, INC., ON BEHALF OF STEVE AND SARA ZAWOYSKI, 725
ROAD, VARIANCE, 6:46 P.M. -7:05 P.M.
Curtis stated the applicant is r · · t setback zone and a
rear street setback variance in ff--JJl.l-'fi"-on the property. The
applicant is proposing to locat line where 30 feet is
normally required because .
width variances.
Page4
Date Application Received: 08/09/11
Date Application Considered as Complete : 08/25/11
60-Day Review Period Expires: 10/24/11
To:
From:
Date:
Chair Schoenzeit and Planning Commission Members
Jessica Loftus, City Administrator
Melanie Curtis, Planning & Zoning Coordinator /l;tlJ
14 September 2011
Subject : 11-3524, Roger & Megan Remark, 141 Chevy Chase Dr,
Variance -Wetland & Buffer Setback b ~
Zoning District: :~:~,c :::~::ily Residential, LO acre/140' -----/J/f=..,Jfj µ,wv' tf,.tw4,,tsN
Lot Area: 28,600 sf (0.66 acre) tfiNf c,r "'-~
Lot Width: 80' fi-ll,I}~ 1° <tfl lJ{§"
Application Summary: The applicants are requesting a wetland setback variance to allow ~IL.M~=J!!:::
construction of an attached garage.
Staff Recommendation: Planning Department Staff recommends the planning commission
determine whether a practical difficulty exists and make a recommendation to the Council.
Pertinent Zoning Ordinance Sections
• Sec. 78-230 . Area, height, lot width and yard requirements.
• City Code Chapter 78, Article XI. Wetlands Protection (Sections 78-1601 through 78-
1614).
List of Exhibits
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Exhibit G.
Exhibit H.
Exhibit I.
Exhibit J.
Exhibit K.
Background
Application
Practical Difficulties Documentation Form
Existing & Proposed Survey/Site Plan
Proposed Plans and Elevations
Buildable Envelope Illustration
Wetland Restoration and Maintenance Plan
Wetland Delineation Report
Wetlands Protection Code Section
City Engineer Memos
Property Owners List
Plat Map
The applicants are proposing to construct an approximate 900 square foot, attached garage
addition, with additional living space , to replace their existing 400 square foot attached garage .
Their home was constructed in 1957 and remodeled over the years and prior to the adoption of
Orono's current wetland protection regulations.
FILE# 11-3524
14 September 2011
Page 2 of 4
The adjacent property contains a large, Preserve classification wetland which extends onto the
applicants' property. Preserve wetlands are determined to be the highest quality wetlands. They
also warrant the highest level of protection which equates to the largest buffer; a SO-foot buffer
plus a 20-foot structural setback from the buffer is required.
Earlier this summer, the applicants applied for a permit to construct a small dining room
addition to the north side of the home. This addition did not trigger the buffer requirements of
the wetland ordinance [78-1601(c)]. The staff estimation of the edge of the buffer placed the
proposed dining room addition outside of the required 70-foot total setback from the wetland.
To avoid undue financial burden to the applicants, staff uses the best information available to
make these determinations without requiring a wetland delineation. If the project had triggered
the buffer requirement of the wetland ordinance a wetland delineation would have been
required as a matter of course.
Because the applicants are now requesting a permit to construct the garage addition, which is
located much closer to the wetland, a wetland delineation was necessary and required. The
project (plus the dining room project) does not move enough soil to trigger the requirement to
implement the SO-wide vegetative buffer therefore a buffer plan is not required. Section 78-
1608(3)(c) prohibits the creation of new non-conformities; the garage must be constructed to
meet the required 70-foot total setback. As indicated by the attached survey, the 70-foot
setback extends into the middle of the existing home. It should be noted that the new dining
room addition partially encroaches into this setback as well. The applicants are requesting a
variance from the required 70-foot setback in order to construct the garage addition. They have
proposed the creation of a native planting area and rain garden in order to mitigate the
potential negative impacts from the proposed encroachment.
LOT ANALYSIS WORSHEET
Lot Area/Width:
R-lA Lot Area Lot Width
Required 43,560 s.f. (1.0 acre) 140'
Actual 28,600 s.f. (0.66 acre) 80'
R-lA Setbacks:
R-lA Required Existing Proposed
Front 35' 82' 80'
Rear 30' 58' 52'
North Side 10' 53.5' No change
South Side 10' 23.5' 10'
Wetland Setbacks:
Preserve Classification Required Existing Proposed
House 70' (SO' +20') 28' 16'
PC 09/19/11
Subject: 11-3524, Roger & Megan Remark, 141 Chevy Chase Dr,
Variance -Wetland & Buffer Setback
Public Hearing
Background
The applicants are proposing to construct an approximate 900 square foot, attached garage
addition, with additional living space, to replace their existing 400 square foot attached garage.
Ih0ir heA1 e-we1i;; constructed in J 95 7 aod cerngdel ea ooe , til e ye~,~ el'la pr i er :tg tl:10 e1do13tio11 o f
OrOAd.s cprceor Wfil:t l.inel pretcetio rrr egula tlons: The applicants' property contains a small area
of wetland at the south east corner. This wetland is part of a larger, Preserve classification
wetland on the property to the south. The applicants1proposed garage addition is conforming in
all aspects except for the wetland regulations. The project does not trigger the requirement
that a buffer be established, however the wetland regulations do not allow for the creation of a
non-conforming structure . Due to the require t 70-foot total setback from the wetland and the
buffer, a variance is necessary in order to canst ct the garage addition. 1_. --~ _ . f\/
~ I 011 n-e, ~ UJ' ~ ~ ~ oV1 u •
.As inelicatcd ey th:e=atte1 1o lae61 £1 ,r;l!@lf-:The 70-foot setback extends into the middle of the existing
home. The applicants are reqw1~ ua,riance from the required 70-foot setback in order to
construct the garage addition~" In ord e rt ~itigate the potential negative impacts from the
proposed encroachment, the applicants are proposing to create a 2,500 square foot native
planting improvement along the eastern, rear property line to offer additional buffer benefits.
The proposed native planting area will include the "knob" of wetland on their property where
their existing sump pump discharges to offer a treatment opportunity in this area .
Staff finds practical difficulties are present due to the location of the existing home and its
proximity to the adjacent wetland. The required 70-foot wetland and buffer setback extends
into the middle of the existing home making modifications to the home outside of the existing
footprint impossible without variances. An existing drainage swale area cuts from the east to
the west across the northern portion of the property and is an additional limiting factor on the
buildable area of the property . If the property were vacant today, the buildable envelope would
have a high impact on the shape and location of the existing home.
The applicants' request is consistent with the surrounding neighborhood . The proposed
addition will meet the r equired side yard setback. The proposed addition will only add an
additional 425 square feet of structural coverage to the property resulting in a total of 7.6%
structural coverage . The planning commission should determine if the addition of a garage stall
with living space above falls within the definition of practical difficulty.
Staff Recommendation
The Planning Commission should review and discuss the variance to determine if a practical
difficulty exists which supports the granting of the requested variance. A recommendation to
the City Council should be based on these conclusions . Further Planning Staff recommends the
applicants be required to comply with the City Engineer's recommendations as well as
requirements from the Minnehaha Creek Watershed District as part of any approvals.
L{i1.--~ ~er ~ufnf~ to ~tvi~-,-wl
f!?3Pwidichf ~ . · LW_rd N 5J:t!t~~~ . . -iii£d~;, j!fpt fz 1j M H'ltfrJ . ~,
af}fl/' -th66 ~ b-cJfJP/?fL-
Date : 9/16/2011
Proposal to Establish Raingarden and Native Buffer
Vegetation at the Remark residence
Otsego, MN
Prepared for:
Roger Remark
Chevy Chase Drive
Orono, MN
Prepared by:
Mike Evenocheck
Sales Manager
763-631-9430
mevo@prairieresto.com
Prairie
Restorations~ Inc. ,ye _
P.O. Box327
Princeton, MN 55371
www.prairieresto.com
1
A. Company Background: (Follow the blue links to learn more)
Prairie Restorations, Inc. (PRI) has been dedicated to the restoration and management
of native plant communities for over 34 years. We are fortunate to have worked with
thousands of clients on a wide variety of projects in both the public and private
sectors throughout the Upper Midwest.
The PRI staff currently consists of 45 full-time professionals and about an equal
number of seasonal employees which operate out of six Minnesota locations. Most of
the staff has B.S. degrees in natural resource related fields such as biology, forestry,
horticulture or wildlife. As a full service restoration company, PRI is able to provide
our clients expertise and service in all facets of native landscape restoration. Along
with consulting, design, installation and land management services, we also produce
our own local ecotype seed and plant materials which are used on all of our projects.
The PRI Team is committed to and passionate about protecting and enhancing our
valuable natural resources. It is this dedication that is brought to each and every one
of our projects. We are proud to offer the best expertise, serv ices and products
available in the industry and appreciate the opportunity to provide you with this
proposal.
B. Project Overview:
1. The intention of this project is to establish native raingarden and adjacent wetland
buffer vegetation. Based on the existing conditions and project timeline, it is likely
that the raingarden will be installed this fall and the buffer areas will be installed next
spring.
2. Following a base seeding, the raingarden will be enhanced with live plants in order to
provide diversity, establish shade tolerant plants, and promote quicker establishment.
3. Part of the wetland buffer is currently covered with bark mulch and is dominated by
spruce trees. In this area, we are recommending the installation of live plants as
space allows. Likely species would include bottlebrush grass, ostrich fern and
cinnamon fern.
C. Site preparation:
1. All raingarden construction and related excavation/grading will be done by the
excavator.
2
2.
3.
4.
5.
6.
D.
1.
2.
3.
4.
5.
The garden area will be hand raked in order to create a smooth, firm seedbed .
This fall, in the buffer area, apply Roundup Originalmax® and Garlon 3A® (or equal)
herbicide as per manufacturer's directions to actively growing vegetation. Allow a
minimum of 20 days before disturbing the site with other procedures.
This fall or next spring, burn off the dead vegetation by implementing a controlled
burn using appropriate procedures, equipment and permits. If burning isn't feasible,
mow off the dead vegetation.
Allow the site to green up, followed by an application of Roundup Original max®
herbicide as per manufacturer's directions. Allow a minimum of 10 days before
disturbing the vegetation with other procedures.
Harrow or rake the soil to create an open seedbed.
Seed and Seeding:
Seeding dates shall be in the spring or summer before August 10th or in the fall
th between September 20 and freeze-up.
Once the soil has been prepared, the grass seed will be hand broadcast throughout
the project area.
A raking will follow to incorporate the seed into the soil.
Following the raking, flower seed will be hand sown on top of the soil. No additional
raking is required.
The seed mixes shall consist of the following species and amounts:
Raingarden Mix
Grasses
Tall wet mix:
43% Big bluestem, 15% Indian grass, 10% Canada wild rye,
8% Switch grass, 2% Little bluestem by PLS weight.
8% Cord grass, 5% Wool grass, 4% Green bulrush,
2% Blue joint grass, 1% Fringed brome,
lbs./project area
1% Virginia wild rye, 1% Giant bur-reed by bulk weight .................... ¼
3
Wildflowers
Tall wet mix:
15 Blue vervain, 12 Joe-pye weed, 12 Tall blazing star,
5 Black-eyed Susan, 5 Mountain mint, 4 Boneset, 4 Common ox-eye
4 Blue flag iris, 4 lronweed , 3 Sweet flag, 3 Swamp milkweed,
oz./project area
3 Canada tick trefoil , 3 Sneezeweed, 3 Giant sunflower, 3 Culver's root,
3 Golden alexander, 2 Smooth aster, 2 New England aster,
2 Purple prairie clover, 2 Upland goldenrod, 2 Stiff goldenrod,
2 Tall meadow rue , 1 Grass-leaved goldenrod,
1 Swamp goldenrod, all by bulk weight ...................................................................... 2
Wetland Buffer Mix
Grasses
Tall wet mix:
43 Big bluestem, 15 Indian grass, 10 Canada wild rye,
8 Switch grass, 2 Little bluestem by PLS weight .
8 Cord grass, 5 Wool grass, 4 Green bulrush,
2 Blue joint grass, 1 Fringed brome,
lbs./project area
1 Virginia wild rye, 1 Giant bur-reed by bulk weight. .................. .
Note: A wheat or oat cover crop can be sown along with the native grasses at a rate of approximately 25 lbs . per acre .
Wheat/oats is an annual grass species that germinates quickly and will reduce the risk of soil erosion on the site .
Wildflowers
Tall wet mix:
15 Blue vervain, 12 Joe-pye weed , 12 Tall blazing star,
5 Black-eyed Susan, 5 Mountain mint, 4 Boneset, 4 Common ox-eye
4 Blue flag iris, 4 lronweed , 3 Sweet flag, 3 Swamp milkweed ,
oz./project area
3 Canada tick trefoil , 3 Sneezeweed, 3 Giant sunflower, 3 Culver's root,
3 Golden alexander, 2 Smooth aster, 2 New England aster,
2 Purple prairie clover, 2 Upland goldenrod, 2 Stiff goldenrod,
2 Tall meadow rue, 1 Grass-leaved goldenrod,
1 Swamp goldenrod, all by bulk weight ...................................................................... 2
E. Erosion Control:
1. Erosion blanket (SC150 or equivalent) will be applied as per manufacturer's directions
to the raingarden area.
2. Erosion blanket (5150 or equivalent) will be applied as per manufacturer's directions
to the buffer area.
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' . !-EGAL NOTICE
. · .; 1,ic': CffY OF ORONO
· ,. /".: ·21so Kelley Parkway,
:· ··'_:-· ., ~.,:-' P.O. Box 66 ·._. ,
·--~-~-
·, the e,xi&iirg home.
' ,'>"., Crys!al Bay,: II/IN -55323 ,
f•. -.. _ ,~ Phan~ (!ls2> 2iJs--1600 .· -•
'/,:\. ·fax -(952) 249-4616 ., ..
· • 11-3525 -BCD, Inc. on behalf of
St~ye & Sara Zawoyski , 724
,,, • Tonkawa . Road, LR-1B zoning dis -,
. /t rip!; reques)s a .rear yard setb<!C~
. · vari~nce to -~!low a 15 foot ~etback . .. . ,, ';,,
. ·where a 30 , foot setpack is normal-
.• N(;>TlqE Of ·P.UBL!C HEARlt\lG . .ly required tor a deta_ched garage ;
_. .. · -Pl-,ANNl!"IG COMI\IIISSIO~ . and '-a 'hardcqyer ViJ-riance to allow .
Th;: Oroho ' P!anhing
1
Cornmissiq(l
-:will: hold a _. public ~earing in the
·:Oro~o ·council Chambers at
33 , 7% hardcover in conjunction ,
with the coRstruction of a new
'horns : ~ncj detact]ecj , garage yvhere
36 .8%' c,Lirrently_.exi~ts and 25~. is
nofrnally allowed within the 75 ' to
All peri ohs wishing to b~ heard are
e17cou i aged to <1ttend these meet
ings , This is not a final agenda and
is sulJje~t ·to change prior to the
hearing~. Written commerits aie
acceRted and sho _uld be submitted
to the1 Cify oi Orono by, September
·13, 2011 if possible . Interested
persons may review the applicatiori
at City offices. for an appointment,
please 'call (952) 249-4620.
City bf Orono .
By : ;Planning Commission· ( .
2780 : Ke!ley Parkway , on •.
Septem~er 19, 2911 , bt;ginning at :
6:30 p.ni. on the matter of reviE!wing :
ihe following land use '~pplicatiqns : . Mel~nfe Curtis
• 11-3526 -3515 Capital _f'artners Pla f!ning & Zonirig Coordinator ,
. 2$0' zorie .. ·'· 'I',, ·
•J 11 :3524 -Roger & Megan
Remark, 141 Chevy Chase,_ Drive,
R-1 A zoning · district; requesf a set-·
back -variance . to allow a ,16 foot
q.c oil behalf of ~evin W. & Marie . ,. _. · _.
R. Landberg , property i<:lentjficatiori Posted at: Orono City Offices
numbers 08-117-23-33-00(30 ; 08-Crystal Bay'Post Office
117-23-33:0031; 08-117-23-33-Lor;ig ·Lake Post Office
003~, 08-117-23-33 -0033; 08-117, Na~arre Post' Office . . setback train . the delineated wet
.' Jarid wtiere a 50 loot wetland buffer
and a .20 . foot setback . from the
buffer ·(70 foot tofol ,required set
back) is normally requfr~d in or!1er
to construe\ a garage a~diliori to
23-33 -0034; -and 08-117-23,33-:' _1 .
0035 (the ·properties adjacent to (Published in The Laker and The
1545 ' Maple Place), LR-1 C zoning Pipneer ne,wspapws, September 3,
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LEG~L NOTICE
CITY OF ORONO
2750 Kelley Parkway,
P.O. Box 66
Crysta! Bay, MN 55323
Phone (952) 249-4600
Fax (952) 249-4616
-7i1·--:--
, . . , ... , _ ._ , . Al\ persoris wi,s~ing to be hearfl are ·
11-3525 .-BCD, Inc. on ·behalf of encouraged to attencl these meet-
Steve & Sara· Zawoyski, 724 i[lgs. This is not a final agenqa and
Tonkaw_a Road, ~R-1 s · zoning dis-is subject tq change prior to the
trict , requests a rear yard setback ' . hearings. Written comments are·
variance to allow a 15 foot setback accepted and sho\lld be submitl!:!d
the existing home .
.. • . wtiere ~ 30 fo<;>! se\pack is normal, \6 the City of Orono qy, Septfi!mber.'
NOTIC!= OF PUBLIC Hl::ARING _; ly reqµired !pr a detached gar~qe ;, 13i ?011 if pqssible , ·Interested .
, PLANNING COMMISS!9N and !'\. harqccyer yaria,nce to a!!ow . persons may revi9v,, the application
"·· ·· 33.7%, ~a,rdc9ver •. in , conju nption . .at Qity offices . For an appqintment,
The Orono Planning Gommission , · with -th!il ., copstruetiq,n . _of' a pew · . ple<jse _ call (952) 249-4620,. will hold a public !)_earing in the · horpe a~d qetached Qara~!il where .'.'..:"'.:,1 . · · · . ·
. Orono Qouncil Chambers at 36 .8% qurrently ·ex\sts · ari'(l 25% is 't City of Orono.,
2780 Kelley , .. P.ark"l'ay : : on . , hor.rna!ly alloweq ,'f'i\~i n \he 75' to ·; ~y: ('11:lnnipg Qornmission
E\9ptember 19, 2011, beg!Jining at _ 1;"?90' ;i:qne :, ' ', ' ;. ,:, . ' I ... ·, . '\i:. ' ,, .
6:3Qp.m.onthematt~rpfr!lviewing ·· ·. :·: -) · , : .. , . ., ·)\/le!ar!e-qurt!!l
the loJI01ying lanq use app!ic13jions: ; J 1-3526 ·-:; 13~ 15 pa8jtal Part ne'.s , , f'lanriifl~ ~ Zo,~ing Cqordinatof
..... '., 1 ·--:"L~Conbehalfo!KevmW:&t,Aan!il t-_.,,.·· ,·
11-3524 · -Roger & Meg ifn .. R, 1-a,nq~erg, property 'ipentification ·.,,: 'Pq~tea at: Orqno ,City Offices
Remark, 141 Chevy Chase Drive, .. nl!mbers 08-117·2~·33-003Q; 08-· Qrystal 13ay Pq5t Of!ice ·
R-1 A zoriir19 d!slrict, request a set-,( 117 ,23-3~-<;J031 j · ,, g0·, 1:17-23-33-. , Long 1.-ake post Office
bac;:k variance to allow _a ~6 'fooL . op32;:08-117·?3~:p:oo~a ;.:Q8-117· . /Navarre Pqst Office
.. setback t ram the delineatec;I wet-. ~3-::)3-0034 ; 1arid ;08 '.117123-33° ,. ,_,: /' · . ',. .
land wt)ere a ·!io foq\ yvetland bu11¢r , '•0035 , (the ',properties ·~ctjacerit . tq .(Pub/ished ' ih Tt!f: Laker anc/ The
and a • 20 t~o! ~!iltback from the :, . 1545; Maple f'!ace)1 ,LR0 1C _;w ning · , Pioneernew~pa,:jers, SeP,tember3,
~~lier qq foot \9ta,I re9uired set--,. ·district, re9uests·, prelirY]ina,ry plat ·?Q11~ '. · ·
bacl<) is ~orm11Jly reqil!red in ·9rder:, • approval ,tq crea\E!. a \hre~:(3) lo!,-..
t9 constru~t a ._ garage addition to . :::-.resideri!ia!·plat. ,. · , . : 1, "'
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CITY OF ORONO
PO ROX 66
CF' TAL BAY, MN 55323-0066
RETURN SERVICE REQUESTED
#11-3524
SEP 1 2 2011
CITY OF ORONO
38 36-118-23 41 0002
PATRJCIA & DONALD B CHASE JR
365 FERNDALE RD N
CHASE:
T 553 NFE 1 511% 00 0~/09/11
RETU~N TO SENDER
TEMPORAR:tl.Y AWAY
RETURN TO SENOER ec: ssa2a00esss *077e-~012~-09-se
l1l1l1,l,l1,1ll11,l,l,,ll,ll,1,ll,,11ll,,1ll1,1111,,ll,,l, ,ld
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #11-3524 was mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 9th day of
September, 2011.
~~(2~
Mnica A. Fadness
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at
2780 Kelley Parkway on September 19, 2011 , beginning at 6:30 p .m . on the matter of reviewing
the following land use applications:
11-3524 Roger & Megan Remark, 141 Chevy Chase Drive, R-1A zoning district, request a
setback variance to allow a 16 foot setback from the delineated wetland where a 50
foot wetland buffer and a 20 foot setback from the buffer (70 foot total required
setback) is normally required in order to construct a garage addition to the existing
home .
11-3525 BCD , Inc. on behalf of Steve & Sara Zawoyski , 724 Tonkawa Road, LR-1 B zoning
district , requests a rear yard setback variance to allow a 15 foot setback where a 30
foot setback is normally required for a detached garage ; and a hardcover variance to
allow 33 .7% hardcover in conjunction with the construction of a new home and
detached garage where 36 .8% currently exists and 25% is normally allowed within
the 75 ' to 250 ' zone.
11-3526 3515 Capital Partners LLC on behalf of Kevin W. & Marie R. Landberg, property
identification numbers 08-117-23-33-0030; 08-117-23-33-0031; 08-117-23-33-
0032 ; 08-117-23-33-0033; 08-117-23-33-0034 ; and 08-117-23-33-0035 (the
properties adjacent to 1545 Maple Place), LR-1 C zoning district , requests
preliminary plat approval to create a three (3) lot residential plat.
All persons wishing to be heard are encouraged to attend these meetings . This is not a final
agenda and is subject to change prior to the hearings . Written comments are accepted and
should be submitted to the City of Orono by , September 13, 2011 if possible. Interested
persons may review the application at City offices . For an appointment, please call (952)
249-4620.
City of Orono
By: Planning Commis_sion
tlliae!UZd
Melanie Curtis
Planning & Zoning Coordinator
To be published in The Laker & The Pioneer Newspapers on September 3, 2011 .
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
RUN DATE: 8/10/2011
38 36-118-23 140013
AS JUANG & G Y JUANG
455 FERNDALE RD N
ANDY & GRACE JUANG
455 FERNDALE RD N
WAYZATA MN 55391
38 36-118-23 41 0024
CI & C SATTERVALL
137 CHEVY CHASE DR
CHERYL I & CRAJG SATTERVALL
137 CHEVY CHASE DR
WAYZATA MN 55391
38 36-118-23 41 0027
HENNEPIN FORFEITED LAND
143 CHEVY CHASE DR
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
38 36-118-23 41 0042
HENNEPIN FORFEITED LAND
132 CHEVY CHASE DR
CITY OF ORONO
PO BOX66
CRYSTAL BAY MN 55323
I CERTIFY THAT THE FACTS REPRESEf
AS IT APPEARS THIS DA TE ON THE RECO
HENNEPIN NTY PROPERTY INFORMATION SYSTEM {PROPERTY 0
38 36-118-23 41 0001
DAMIAN & ROSEMARIE TOPOUSIS
395 FERNDALE RD N
DAMIAN & ROSEMARIE TOPOUSIS
395 FERNDALE RD N
WAYZATA MN 55391
38 36-118-23 41 0025
B J BEL TRAND & W J BELTRAND
139 CHEVY CHASE DR
B JBELTRAND & W JBELTRAND
139 CHEVY CHASE DR
WAYZATA MN 55391
38 36-118-23 41 0033
ALICE L JOHNSON
106 CHEVY CHASE DR
ALICE L JOHNSON
106 CHEVY CHASE DR
WAYZATA MN 55391
38 36-118-23 41 0043
HENNEPIN FORFEITED LAND
136 CHEVY CHASE DR
CITY OF ORONO
PO BOX 66
CRYSTALBAYMN 55323
DATE: AIIG 1 0 2011 s/+,/--f-J. ~"-t,---¾--~.lk::.!!....-F-----""-
LL/
I
RS LIST)
38 36-118-23 41 0002
DONALD CHASE JR ET AL TRUSTE
365 FERNDALE RD N
PATRICIA & DONALD B CHASE JR
365 FERNDALE RD N
WAYZATAMN 55391
38 36-118-23410026
ROGER D & MEGAN M REMARK
141 CHEVY CHASE DR
ROGER D & MEGAN M REMARK
141 CHEVY CHASE DR
WAYZATA MN 55391
38 36-118-23 41 0034
KARLYN R MATTSON
108 CHEVY CHASE DR
KARLYN R MATTSON
108 CHEVY CHASE DR
WAYZATAMN 55391
38 36-118-23 41 0044
MICHAEL & KATIE SIMPSON
142 CHEVY CHASE DR
MICHAEL & KATIE SIMPSON
142 CHEVY CHASE DR
WAYZATA MN 55391
PAGE: 1
RECEIVED
AUG 1 1 zun
CITY OF ORONO
#3524
19 August 2011
Roger & Megan Remark
141 Chevy Chase Dr
Wayzata, MN 55391
REQUEST FOR FURTHER INFORMATION
SUBJECT: Zoning Application # 11-3524
CITY of ORONO
Municipal Offices
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono is required to notify you within fifteen (15) business days as to the status of your
application for a variance for property located at 141 Chevy Chase Drive. Below is a list of items the City of
Orono is requesting to complete our review:
✓ Two (2) original scaled copies of the certificate of survey, and a reduced copy (11'x1T or smaller),
indicating the following:
o Wetland buffer mitigation area,
o the existing and proposed structures -please revise to reflect the approved porch addition.
For some reason the survey submitted does not reflect this newly approved addition.
✓ Building plans for the proposed project -reduced copies 11"x17" or smaller are sufficient.
✓ This project requires submittal of an application escrow in the amount of $2,500. You have already
submitted an escrow for the previous building permit. Please complete the enclosed, revised escrow
agreement and submit.
✓ Certified Property Owners List -owners within 150' of the subject property, labels and plat map.
List, labels and map may be obtained from Hennepin County Department of Finance, Government
Center, A-603 300 South 6th Street, Minneapolis, telephone 612.348.5910.
Application #11-3524 is incomplete. If you wish to proceed with your application please submit the items
requested above by 10 AM on Friday, August 26th in order to remain on the September Planning Commission
agenda. Please contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.us should you have any
questions.
Sincerely,
City of Orono ..
~
Melanie Curtis
Planning & Zoning Coordinator
Telephone (952) 249-4600 • Fax (952) 249-4616
www.c1.orono.mn. us
Hennepin County Mailing Label Receipt
Provided By: Taxpayer Services Department
Company or Homeowner Name: Roger D. Remark
Contact Person: •
Contact Address : 141 CHEVY CHASE DR Orono, MN 38
Contact Phone: 840-5428
Comments:
Buffer Distance: 150ft Mail Label Count: 12
PIO LIST:
TOTAL COST: $25.00
38 36-118-23 14 0013 , 38 36-118-23 41 0001 , 38 36 -118-23 41 0002, 38 36-118 -23 41 0024, 38 36-118-23 41 0025, 38 36 -118-23 41 0026, 38 36 -118-23 41 0027,
38 36-118-23 41 0033, 38 36-118 -23 41 0034, 38 36-118-23 41 0042 , 38 36-118-23 41 0043 , 38 36-118-23 41 0044,
RECEIVED
AUG 11 2.0'11
CITY OF ORONO
#3524
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
of 3 he; Perty½ ~ eJ N,
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property located at
t LJ \ t~;~C-\,....,._~~ also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or
disapproval of the property or use but merely to confirm for the City Council thaJ I (we) am (are) aware of the
improvement plans and that the proposed neighbor's project or use requires Council approval. !%:f1"P /3~ c~.~ ~~r2\ ~¼4 ~h %--9-,r
Property Owner I Date
~ ~-,;;'<' .. .-c::.:~ \N-· ~ Y\~"S'-(
~~~ ~ ~\ ~ \i\
Property Owner Date
*********************************************************************************************************************************
I (we) Wen d:i Be (:l::r-o,1nd of \5q C~v'-( C~se o-r:v~
[print address] [print n me(s)]
have reviewed the plans for the proposed improvement or proposed use of the property located at
l"I { C(.pvy Ct..,.../)e C),,,'1£ also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or
disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the
improvement plans and th~t the proposed neighbor's project or use requires Council approval.
Prope~~ &~~ &J°I/II
Propert~eh ~ g / q j \ \
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10
days prior to the scheduled meeting date.
-Q-#352 4 RECEIVED
AUG -9 2011
CITY OF ORONO
BUILDING PERMIT ESCROW AGREEMEN r
Orono Building Permits #2011-00476 and 2011-00625
Land Use Application #11-3524
AGREEMENT made this ·'2,6 day of Av~ V ~-f--, 20_1.L by and between the CITY OF ORONO,
a Minnesota municipal corporation ("City") and Roger mark ("Owners").
Recitals
1. A building permit application has been filed for two proposed additions located at
141 Chevy Chase Drive the ("Subject Property"), legally described as Lot 21, Block 1, Hill O' Way Manor,
Hennepin County Minnesota.
2. Owners request the City to review this application.
3. The City will commence its review of the application and incur costs associated with said review
only if the Owner establishes an escrow to ensure reimbursement to the City of its costs.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owners shall deposit $2,500 with the City. All accrued interest, if any, shall be
paid to the City to reimburse the City for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City
for all out-of-pocket costs the City has incurred (including planning, engineering, in excess of $500, or legal
consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the
Owners would be responsible for under a building permit application. The escrow will also guarantee
reimbursement to the City for all out-of-pocket costs the City has incurred to assure that the work is completed in
accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79.
The financial security may also be used by the City to eliminate any hazardous conditions associated with the
work and to repair any damage to public property or infrastructure that is caused by the work (including planning,
engineering, or legal consultant review) associated with building permit #s 2011-00476 & 2011-00625 and land
use application #11-3524 if compliance with the approved building permit is not accomplished.
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn
send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners'
receipt of bill.
4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment
to the City within the timeframe outlined in #3 above, shall issue a Stop Work Order until the Owners pay all expenses
invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to
reimburse the City for eligible expenses the City has incurred.
5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the
Owners when the review has been completed and written notification is received from the Owners requesting the
funds.
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses
incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the
subject property pursuant to Minn. Stat. §§ 415.01 and 366.012.
CITY: CITY OF ORONO OWNER:
By ~oc
Its: h....,c........,..._ S>. rt....vkr
Cl Copy tq Street File
CITY OF ORONO
2750 KELLEY PARKWAY
ORONO, MN 55356-
(952) 249-4600 FAX: (952) 249-4616
REPRINTED ON 8/9/2011
ADDRESS
PIN
LEGALDESC
: 141 CHEVY CHASE DR
: 36-118-23-41-0026
: HILL O'WA Y MANOR
: LOT 021 BLOCK 001
PERMIT TYPE : ESCROW FEE -TIED TO BUILDING PERMIT
PROPERTY TYPE : RESIDENTIAL
CONSTRUCTION TYPE : ESCROW FEE -TIED TO BUILDING PERMIT
NOTE: THIS $2500 ESCROW IS TIED TO BUILDING PERMIT 2011-00476 AND 2011-00625
APPLICANT
REMARK, ROGER & MEGAN
141 CHEVY CHASE DR
WAYZATA, MN 55391
OWNER
REMARK, ROGER & MEGAN
141 CHEVY CHASE DR
WAYZATA, MN 55391
AGREEMENT AND SWORN STATEMENT
The work for which this permit is issued shall be performed according to
the approved plans and specifications, applicable City approvals, and the
State Building Code. This permit is for only the work described and does
not grant permission for additional or related work which requires separate
permits. All provisions of laws and ordinances governing this type of work
shall be compied with whether or not specified herein. This permit will
expire and become null and void if construction authorized is not
commenced within I 80 days of the date of issuance, or if construction is
suspended for a period of I 80 days at any time after work has commenced.
The applicant is responsible for assuring all required inspections are
requested in conformance with the State Building Code. This permit may be
revoked at any time for due cause.
I I
Applicant Permitee Signature Date
ESCROW FEE -BUILDING
Issued By Signature
PERMIT NO.: 2011-00643
DATE ISSUED: 07/13/2011
TOTAL
Date
2,500.00
2,500.00
SEP ARA TE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.
NEW f<OOF ADDITION
ADDITION
G) ~A~ ELEVATION
COF''T'F<lc:;I-IT 2010, ALEXANDER DE&lc:;N c:;F<OUF', INC.
l'lEMOVE EXG WINDOW• fi<AME· SAVE FOR
l'lE•lleE. f'ATC~ EXIST o;=+;:; A& J<EQ'D TO
l'lECEIVE NEW UX>W. EXG HEADEJ'< TO i<EMAIN
f'ATCH TO MATCH EXG ADJACENT MATERIALS·
f'isEf'AlsE TO lsECEIV. NEW ~INISHES.
f EXISTING f<OOF J
AOOl71c::N
CD LEFT SIDE ELEVATION
ASFHAL T SHl>IC;LE&
401 EAST LAKE STREE.'T
WAYZATA, MN 55391
Phone: 952.473,87n
FAX: 952A73,S222
I
COP'r'Rl61-lT 2,Z,I<!>, ALEXANDEI< DE$16N , 6RO\JP INC.
A5F\.lALT~INGLEo
EXTENDEX6ROOF f FOR NEW ADDITION
FIELD VERIFY EX6
6A2Raa'PITCM
J
CD FRONT ELEVATION
'---EXISTING ROOF ~
EXh~TNS:
l!i'TFitlCTURE
AOD!T!CN
[I[[[]]] [I[[[]]] illlIIlI]]]
■■
ASF!4Al. T ~1,l:;LES f
ED RIGI-IT SIDE ELEVATION
EXISTING "100F BE'r'OND
NOTE, CONTIW:TOR TO :! VERIF'r' PLATE ~T. TO
•· MATCM FLOOR ~EIG,J.!T OF
{ UPPEIS LEVEL
401 EAST LAKE S"fREET
WAYZATA, MN 55391
Phone: 952.473,8777
FAX: 952.473.8222
City of Orono
Pre-Application Meeting Form
(This form is to be completed by a City Planner during your pre-application meeting .)
For Office Use Only:
Meeting Date/Time:
City Planner:
u,I ,,,,,. rtC;,
;:-fV '.fV @-vf) PC Date:_~ ___ l_4_· ____ _
V
What is the purpose of a pre-application meeting?
Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the
procedures and requirements of the city code, and identify policies or regulations that create opportunities
or problems for the proposal.
PROPERTY INFORMATION:
Site Address : 14 ( ~CJ v1 WlO.l>G
Property Identification Number (PIN):'"'
Zoning District: ______ Size of Property :
DESCRIPTION OF REQUEST:
□ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Lake/Front Yard Setback
□ Hardcover 0 '-75 ' □ Hardcover 75'-250' □ Hardcover 250 '-500 ' □ Hardcover 500'-1000 '
□ Lot Coverage □ Lot Area □ Lot Width
/ Other: \, '\Jeff anti\ ~a c,{l.. I l?lu ffe ,, a-+'lvp ach ~ N
I....
Applicant 's -p v. ILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses
Initials: 't--"' incurred in review of this application and/or additional staff time not covered in
Owner's Q\ · itial application fee , as well as provide an escrow in the amount of
Initials: \'\ $ LR:Cb-to guarantee payment of the above .
OTHER INFORMATION:
*Please note: Your variance application will NOT be accepted without a pre-application meeting during
which this form will be completed b Cit staff.
Last Updated : 7/11 /2011
Date:
#352
RECEIVED
AUG -9 20ll
CITY OF ORONO