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Home My WebLink AboutRe: cleanup/tree removal/grading � CITY of ORONO Poat O�ce Box 66•Crystal Bsy,Minnesota 55323•Muaicipal O�ces • � . � � On the North Shore of Lake Minnetonka September. 27, 1990 Cl.air Rood 2215 Kenwood Way Wayzata, Mn 55391 RE: Proposed Cl.eanup/Tree Removal/Grading Dear Mr. Rood: The general cXeanup work which you have commenced in various areas of your property can for the most �art be handled via a staff-issued 1.and alteration permit. Our site inspections on September 17th and September 24th verified that your property indeed has been used as a neighborhood dum�,ing ground for decades. The concrete debris, railroad ties, cans, bottl.es, and old tires, all. constitute debris that is not considered cl.ean fil.7. and by today's standards wou].d not be al. lowed to be dumped anywhere except a sanitary Zandfil 1. Whi1.e we wish to a].1ow you to proceed with the cXeanup, the fact that the areas of concern are very near a City-designated wetland, requires that we proceed with caution. Before we can issue a 7.and alteration permit for you to continue, you must have the boundaries of the wetxand defined and staked by a surveyor. Orono's wetl.and �rotection ordinances do not al.I.ow any filling, grading, dredging, excavation, hardcover or structures, within wetlands or within 26' of the boundary of wetlands (Municipal Code Section 10.55, Subdivision 8). We beJ.ieve that the ordinary high water mark elevation of this � wetl.and, which appears to be an enclosed basin, is contro3.led by � a cul.vert that extends northward underneath the rail.road tracks. ; This cuXvert may be blocked by debris near its inlet, which may � be on your property but which al.so may be on rai].road right-of- way. We have recentl.y determined that this cu].vert runs under ; the house at 3329 Crystal Bay Road and outlets at the ].akeshore. � I Much of the debris appears to be on rail.road right-of-way or on � other properties which County records indicate are not under your � ownership. Whi�.e we wholeheartedly support your efforts to clean � up the property, we cannot grant you permission to cl.ean up other � people's property without their approval. I wouxd axso note that � the wetl.ands boundary survey by Gronberg in 1988 suggests that in � order to stay out of the wetl.ands area during debris removal on BUILDING&ZONING-473-7357 • ADMINISTRATION&FINANCE-473-7358 • PUBLIC WORKS-473-7359 � ASSES5ING FAX-4730510 � Clair Rood September 27, 1990 Page 2 the north end, you wix 1 have to either cross other properties or travex through the wetland, neither of which are suitabxe options. An additiona 1 issue which needs to be addressed is the height of the 2' x 2' brick and concrete piZlars you have erected along the south and west boundaries of the property. It is my understanding that you had already constructed approximately two- thirds of these pilYars when this work came to the attention of the Building Ins�ections Department. A review of the pertinent code sections suggests that a].ong street lot lines, which wou7.d incl.ude K�nwood Way, Navarre Lane, and technicaXl.y would also inc3.ude Hill.side PZace (an undevel.oped road which may become a road in the future) , fences are not a3.I.owed to exceed 3 1/2' in height. Since you proposed that you would be planting hedges between these posts, there is some question whether they fa1l. under the definition of a fence. Al.so, the code is not clear on whether such posts can exceed 3 1/2' in height in a side street yard (along Navarre Lane) or a rear street yard (al.ong Hixl.side Pl.ace). We are stil.l researching this , however, you shoul.d be aware that there may be an issue about the height of those pill.ars, and if it is determined that the maximum al.�owable height is in fact 3 1/2' , your options woul.d be to cut them off at the appropriate height, or to apply for an after-the-fact variance. We wil.�. advise as to a final. interpretation on this issue. In order to expedite approval for your intended cl.eanup work, you shoul.d do the fol.lowing: 1. Have your surveyor determine the inverts of the iniet and outlet of the culvert that crosses the rail.road tracks. He should then determine whether that culvert affects his previous determination of the wetl.and boundary. 2. Your surveyor shouxd stake the wetl.and boundary approximately every 50' , and shoul.d Yikewise stake the 26' wetl.and setback where no fi1.l.ing, grading, dredging or excavation is al.lowed. Once a I.and al.teration permit is issued, the foYlowing guidel.ines must be adhered to: 1. In areas within 26' of the wet].and boundary, debris removal sha].l be allowed only to the degree that voids caused by such removal. shall be restored to the pre-existing grade elevations. No vehicular or equipment traffic sha].I. be al].owed within the boundary of the wetland in any case, Clair Rood September 27, 1990 Page 3 and debris removal from within the wetlands sha11 be by hand methods only so as not to disturb the existing wetland vegetation. 2. In areas denoted #1 on the attached drawing, at the north end of the �roperty, debris removal within the railroad right-of-way or within properties not under your ownership, will. not be a1.�owed until you suppl.y written approvaX for such work from those property owners. 3. In Area #2► where you have proposed to fil.1 an area apgroximate].y 1, 000 s.f. in area to match the surrounding grades, such fiX].ing will be al.I.owed, subject to the use of clean fil.x only, with such fill not to exceed an amount of 100 cubic yards. 4. In Area #3, the concrete debris may be removed and grades restored to match the surrounding grades. The Pub3.ic Works Department has been advised of the culvert and gas I.ine exposures, and wil.1. be contacting you regarding those structures. To summarize, once the boundary of the wetl.and and the 26' setback have been establ.ished, the City will issue a ].and al.teration permit for fil.J.ing in Area #2, and such permit shal.l include permission to remove debris in Ar.eas #1 and #3 and restore to match existing grades, onXy within your property boundaries unl.ess you provide written permission from other property owners to work within their property boundaries. Pl.ease contact me at 473-7357 if you have any questions. Sincerel.y, r�� Michael P. Gaffr n Assis nt P1.anning & Zoning Administrator cc: Jeanne Mabusth, BuiXding & Zoning Administrator Lyle Oman, Senior Bui].ding Inspector Bruce Vang, Fiel.d Inspector MPG/lsv