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Work done requires a CUP(A ayt 840 North Shore Drive West.
NO PERMITS ARE TO DE Imo . EIO(`TO HIS PROPERTY UNTIL OUTSTiANDINC ISSUES`
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Chave a meeting with the property owner this Friday to discuss an after-the-fact City CUP approval for this grading.
Without getting too technical, is there some specific direction you would like me to give him or should I simply
encourage him to contact Luke?
Melanie Curtis 2 952.249.4627 �Z mcurtis@ci.orono.mn.us
From: Catherine Bach [mailto:cbach@minnehahacreek.orgl
Sent:Tuesday, March 22, 201110:18 AM
To: Melanie Curtis; Luke Schwitzer
Cc: Steve Christopher
Subject: RE: question -old violation
Hi Melanie,
Looking into the situation in Luke's absence (he is out of the office this week), it does appear that there are still
outstanding requirements relating to District Rules&the Wetland Conservation Act for a wetland violation found on this
property in 2004. We did receive an incomplete MCWD permit application that same year, and it looks like there were
items requested in the incomplete letter that were never received. Unfortunately, Luke is out this week and I will be out
this Friday-Wednesday of next week, but I will be sure to touch base with him when I get back regarding the most recent
status of this violation. We also still need a WCA replacement plan application (4:1 mitigation required).
Catherine Bach
District Technician
Minnehaha Creek Watershed District
18202 Minnetonka Boulevard
Deephaven, MN 55391
Direct: (952) 641-4504
Main Office: (952)471-0590
Fax: 952-471-0682
www.minnehahacreek.org
MINNEHAHA CREEK
WATERSHED DISTRICT
Think Green- please do not print this email unless necessary
From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.usl
Sent: Monday, March 21, 20116:05 PM
To: Luke Schwitzer; Catherine Bach
Subject:question -old violation
Hi, do either of you know anything about 840 North Shore Drive W? Did this ever go anywhere with the District? The
property owner contacted me recently and wants to go through the after-the-fact conditional use permit process....
See attached letter from the MCWD and survey from the street file.
2
Melanie Curtis
Planning &Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Direct Dial: 952.249.4627
Fax: 952.249.4616
Planning&Zoning Office 952.249.4620
Email: mcurtis ci.orono.mn.us
Website: www.ci.orono.mn.us
3
Melanie Curtis
From: Catherine Bach [cbach@minnehahacreek.org]
Sent: Tuesday, March 22, 2011 12:26 PM
To: Melanie Curtis; Luke Schwitzer
Cc: Steve Christopher
Subject: RE: question -old violation
You could just have him get in touch with Luke at this point (he's back in the office on Monday). I did find another more
recent permit application for this property that was received in 2005 that may address some of the outstanding items I
had made reference to in my last e-mail, and there was a WCA replacement plan application &decision notice approving
the replacement plan in the file. It looks like he is a little farther along than I had originally thought, but there are still
some issues to be worked out (I'm not seeing a recorded copy of the Declaration for wetland buffers,for one). I'm sorry
I can't be more helpful at this point. I'll let you know if I come across any more useful information in the meantime.
Thanks for keeping us in the loop—much appreciated.
P.S. I will also be out of the office this Thursday thru next Wednesday.
Catherine Bach
District Technician
Minnehaha Creek Watershed District
18202 Minnetonka Boulevard
Deephaven, MN 55391
Direct: (952) 641-4504
Main Office: (952)471-0590
Fax: 952-471-0682
www.minnehahacreek.ore
MINNEHAHA CREEK
WATERSHED DIST?ICT
Think Green- please do not print this email unless necessary
From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.usl
Sent: Tuesday, March 22, 2011 10:20 AM
To: Catherine Bach; Luke Schwitzer
Cc: Steve Christopher
Subject: RE: question - old violation
1
O ! O CITY of ORONO
Municipal Offices
r►� �� �,� Street Address: Mailing Address:
2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay,MN 55323-0066
�kESHog'
28 April 2011
Jim &Judy Hatchett
840 North Shore Drive W
Mound, MN 55364
RE: Status of Property Violation (Grading)
Thank you for meeting with me recently to discuss the 2003/4 grading conducted within and
around the wetland on your property. After discussions with the MCWD regarding their
permitting of the activity, a review of the file and of the site, staff feels there is no benefit to
processing an after-the-fact CUP. The site is secure from an erosion control perspective and any
changes in drainage patterns due to the grading activity do not appear to be significant and have
not adversely impacted adjacent properties.
The 2005 survey you submitted will serve as the "as-built" condition of the property moving
forward, noting only that the covered car port on the front of the home (constructed in 1991) is
not shown on the survey.
The property is considered compliant from a zoning regulations perspective. I understand that
you intend to construct a new deck and/or new detached garage in the near future. Please note
that a revised survey reflecting these proposed projects will be required as part of a building
permit review.
Please feel free to contact me at 952.249.4627 or mcurtis@ci.orono.mn.us with any questions.
Thank you for your cooperation.
Sincerely,
City of Orono
Melanie Curtis
Planning&Zoning Coordinator
c: Lyle Oman, Building Official
Telephone (952)249-4600 •Fax (952) 249-4616
www.ci.orono,mn.us
O CITY of ORONO
Municipal Offices
r�I Street Address: Mailing l;Address:
2750 Kelley Parkway P.O. Box 66
Orono,MN 55356 Crystal Bay,MN 55323-0066
�kES110
7 October 2011
Jim &Judy Hatchett
840 North Shore Drive W
Mound, MN 55364
RE: Status of Property Violation(Grading)
Thank you for meeting with me in April to discuss the 2003/4 grading conducted within and
around the wetland on your property. As you know I had planned to send this letter to you
shortly following our meeting. Unfortunately my workload changed and your letter slipped my
mind. I apologize.
After discussions with the MCWD regarding their permitting of the activity, a review of the file
and of the site, staff feels there is no benefit to processing an after-the-fact CUP. The site is
secure from an erosion control perspective and any changes in drainage patterns due to the
grading activity do not appear to be significant and have not adversely impacted adjacent
properties.
The 2005 survey you submitted will serve as the "as-built" condition of the property moving
forward, noting only that the covered car port on the front of the home (constructed in 1991) is
not shown on the survey.
The property is considered compliant from a zoning regulations perspective. I understand that
you intend to construct a new deck and/or new detached garage in the near future. Please note
that a revised survey reflecting these proposed projects will be required as part of a building
permit review.
Please feel free to contact me at 952.249.4627 or mcurtis@ci.orono.mn.us with any questions.
Thank you for your cooperation.
Sincerely,
City of Orono
a A
t040,16V
Melanie Curtis
Planning&Zoning Coordinator
c: Lyle Oman, Building Official
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
o o
p CITYof ORONO
' - , ti Municipal Offices
Street Address: Mailing Address:
`q$EgHO�' 2750 Kelley Parkway P.O. Box 66
Orono, MN 65356 Crystal Bay, MN 55323-0066
8 October 2008
Jim &Judy Hatchett
840 North Shore Drive W
Mound, MN 55364
RE: After-the-Fact Wetland CUP
The City recently received a copy of the Minnehaha Creek Watershed District's (MCWD)
after-the-fact approval of your wetland replacement plan. Thank you for providing a
copy of the MCWD approval to the City for our files.
As indicated in a letter to you dated October 26, 2006 (enclosed), the City has a
requirement for a review and approval process for land alteration. The work conducted
on your property would qualify for a conditional use permit review by the Planning
Commission and City Council. In this case that review would be after-the-fact. In order
to continue moving your property toward compliance, please contact me to arrange a
time to meet so that we may discuss the Conditional Use Permit requirements. I have
enclosed a CUP application; please review this application prior to meeting with me.
Please contact me via email at mcurtis(&-ci.orono.mn.us or by telephone at
952.249.4627 to set up a meeting time.
Sincerely,
City of Orono
tla", -e7x4nz!
Melanie Curtis
Planning & Zoning Coordinator
encl
c: Lyle Oman, Building Official
Soren M. Mattick Esq., City Attorney
Telephone(952)2494600 • Fax(952)2494616
www.ci.orono.mn.us
OCT-14-2004 14:13 P.02/04
Minnehaha Creek Watershed District
1m,proving Quality ofDater, Quality of Lift'
Bublishcd in 1967
Mail' October 14,2004
18202 Minnetonka Blvd.
Desphaven,MN 55381 Jim Hatchett
840 North Shore Drive
Phone:(952)471-0590 Orono,MN 55364
Fax(952)471-0882
Re:Wetland Violation at 840 North Shore Drive,Orono
Email: Dear Applicant:
admin®minnehahacreek.org Wu have received your application for a parmit from the Minnehaha Creek
Web Site: Watershed District(MCWD).Per a recent Rule A amendment and Board resolution
mm.rriinnehahacreek.org to allow staff to issue all permits except those applications where a variance or an
exception to a Rule is mcluested under Rule I,according to the prchmirary review of
staff the proposed project will not require the approval of the MCWD Board of
Managers.Public notification required under Rule A to all property owners within
600 feet of the subject parcel where the project is to occur is still required.The public
notice will have a comment period of 14 days.At the end of the comment period and
Board of Managers after staff has determined the permit application to be complete,in compliance with
Pamela ME all rules which apply to the project,the permit will be approved.Upon the District
approval of your permit you will receive written notice that the permit was approved
,lames Calkins which may include conditions of the approval that will need to be complete prior to
Lance Fisher the permit being issued.Permit conditions include but are not limited to the
reimbursement of mailing cost,reimbursement of costs for district staff and
Susan 0°atz engineering services,and the submittal of a declaration for the preservation of
Richard MiUer wetland buffers.
Me!Smith To complete you permit application please subnut the following information:
Scott Thomas Rule A:Procedural Requirements
Submit mailing labels from Hennepin and/or County for all properties within
600 feet from the subject property for public notification of the project.You
may contact Hennepin County at 612-348-5910 Rule B:Erosion Control
• Submit a site plan of the proposed work showing the following information
o Location of proposed work
o Location of silt fence and a rock construction entrance for erosion control
(silt fence should be around the area of disturbed soil with a note to
revegetate the disturbed arca within two weeks of final grade)
a Location of spoil pile with a temporary and pm manent erosion control plan
o Provide a temporary and permanent stabilization plan for the dugout area
and wetland buffer area
o Provide a maintenance and monitoring plan to ensure the success of the now
vegetation
Rule D:Wetland Protection
Submit a site plan showing the following information(the required site plan may be
presented in GIS format in lieu of a site survey)
OCT-14-2004 14.'13 P.03/04
v
o Boundary of all wetlands on the property
o The location of the area where the excavation has occurred
o Location of the spoil pile(with temporary and permanent erosion control
plan as stated above)
o Wetland bufficxs must be proposed around all wetlands on the property
according to the size of the wetland basin as follows:
• 0—1 acre wetland L 16.5 foot buffer
1—2.5 acre wetland-20 foot buffer
• 2.5-5 acre wetland—25 foot buffer
• %5 acre wetland=35 foot buffer
• Provide a wetland delineation report
• Provide an irrevocable letter of credit,performance bond,or other approved security
in the amount of$5,000+$1000/acre to a maximum of$15,000
• Wetland excavation must be in accordance with MN Statute 8420,the Wetland
Conservation Act,comply with the criteria in the DNR publication"Excavated
Ponds for Waterfowl"(enclosed)and MCWD Rule D
• Excavated ponds for wildlife must comply with the following criteria:
o Ponds should be irregular shaped and a minimum size of 2500 square feet
o Pond depth not to exceed 5 feet and to have an undulating bottom
o Ratios of basin side slopes ranging from 3:1 to 10:1
o Location of spoil must be In an upland location found not to be in a public
water,wetland,or floodplain
o Provide a vegetation restoration plan which includes the disturbed area
being seeded to native grasses for a minimum of 150 feet around r1w dugout
o Tho reserved organic soils should be spread over the entire excavated area
to encourage and support plan growth
A replacement plan shall be developed in a ratio of 4:1 for the impacted wetland and
shall be constructed in accordance with MN Statute 8420.0530 and 8420.0550 and
shall be constructed with
o Native vegetation shall be established and shall be native vegetation
collected from the region
o An organic substrate shall be provided,however organic soils for backfill
from wetland dominated by nonnative,invasive species should be avoided
o The bottom contours of types 3,4,and 5 wetlands shall be undulating,
rather than flat,to provide a variety of water depths,comparable to natural
wetlands in the vicinity of the replacement
o Sideslopes of created portions of wetlands and graded buffer strips must not
be steeper than 5:1,five feet horizontally for every one foot vertically
averaged around the wetland.Sideslopes 10:1 and 15:1 are preferred
o Created wetlands should have an irregular edge to create points and bays
• A replacement plan Is not required for excavation within type 3,4,or 5 wetlands If
the excavation does not exceed five percent of the wetland or 14 acre,which ever is
less;the project does not have adverse impact on any species designated as
endangered or threatened under state or federal law;and the proposed project will
provide wildlife habitat improvement according to the design criteria listed above
• For excavation in a type 1 or Z wetland:
1. Submit a f ni ion and Value assessment of the wetland prior to excavation and
after excavation which demonstrates that the functions and values of this
wetland have been Improved with the excavation.This can be demonstrated
using the MnRAM routine assessment method 3.0.
o Provide a cross section of the wetland area excavated showing the side
slopes not greater that 5:1(horizontahvcrtioal)
o Provide a revegatation plan for the wetland and wetland buffer area.
2. Provide 1:1 replacement of the wetland in the amount that was excavated.
OCT-14-2004 14:13 P.04/04
As we review your submittals,we may find the need to request additional information,and
will so inform you.Information regarding requirements of the Wctland Conservation Act can
be found at www.bwsr.statejrm.ns/and information regarding MCWD Rules can be found on
our website at www.minnehahacreek. . If you have any questions please call me or Renae
Clark at(952)471-0590.
As we review your submittals,we may find the need to request additional
information,and will so inform you. If you have any questions please call me or
Renae Clark at(952)471-0590.
Sincerely,
.�Drarl$Lon6A
u
Compliance Officer
CC: Renae Clark,District Technician
Lyle Oman,City of Orono
TOTAL P.04
0 0
3 = J} y CITY of ORONO
Municipal Offices
ti
� G
Street Address: Mailing Address:-
2750
ddress:2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
July 5, 2001
Judy Lungstrom
840 N Shore Dr. W.
Mound, MN 55364
Dear Ms. Lungstrom:
This letter is regarding the fill that you are bringing to the north end of your property. Our
ordinance requires a permit for any fill brought into a property. Our ordinance requires you to be
26 feet from the wetland on the property. If you bring in 500 cubic yards of fill you will need to
get a conditional use permit from the city council. I am also sending you a drawing of the
location of your septic system. Please fill out the enclosed permit application and show where
the fill is going and what you are constructing.
If you have any questions please call our building department and speak to Lyle Oman.
Sincerely,
6y�\ OUK
Matt Bolterman
Inspector
Telephone(952)249-4600 • Fax(952)249-0616
www.d.orono.mn.us
•+ OL f
10 O
0
CITY of ORONO
AVMunicipal Offices
Street Address: Mailing Address:
2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323.0066
September 8, 2004
JUDY K HATCHETT
840 NORTH SHORE DR W
MOUND MN 55364
Dear Ms. Hatchett:
This letter is regarding the placement of debris into the drainage ditch that runs along the
south end of your property. We need to keep the drainage ditch open so it does not
impact persons up stream from you, and keep debris out of culverts downstream from
you. I realize you are trying to protect your property from erosion but it must be handled
in a different way. You can bring in a plan into our office and we can see if we can
approve it but we cannot allow you to fill the drainage way without any permits. Please
remove all the debris that you put into the drainage ditch by September 24, 2004.
If you have any questions please call me at 952-249-4600.
Sincerely,
Matt Bolterman
Inspector
Encl: Zoning code section for drainage systems
Telephone(952)249-4600 • Fax(952)249-4616
. www.cLoronomn.us-
,. A'RTICL�1. IN GENERAL Page 1 of 2
ARTICLE I. IN GENERAL
Sec. 58-1. Maintenance of private property.
(a) It is the duty of the owner of every vacant property and the owner and occupant of
every occupied property to maintain the property in a neat, clean and presentable
manner free of any junk, debris, refuse, litter, dead trees, or noxious weeds, and to
remove all other public health or safety hazards from the property.
(b) The owner or occupant of every lot or parcel shall regularly cut or otherwise
maintain all grass and weeds on the property at a height of not more than six inches,
except this provision shall not apply to the following:
(1) Publicly owned parks, trails or nature areas.
(2) Property actively being farmed or used for agricultural purposes in
conformance with chapter 78.
(3) Residential properties in excess of one acre gross lot size when located in
the RR-1A, RR-113, LR-1A and RS rural residential zoning districts, provided that
such properties or portions of properties shall be maintained in conformance with
this subsection upon notice from the city that lack of such maintenance has
caused complaints from abutting property owners and is thereby creating a public
nuisance.
(4) Wetlands vegetation as defined in chapter 78.
(5) Grass, weeds or underbrush on any slope in excess of 100 percent (45
degrees).
(c) Any violation of this section is declared to be a nuisance and a public safety and
welfare hazard, and upon seven days' written notice to the owner, as shown by the
records of the office of the county auditor, of private premises on which such material is
found or any conditions in violation of this code section exist, the city may remove such
matter or correct any conditions in violation, and certify the cost of such removals or
corrections as any other special assessment.
(Code 1984, § 9.55; Ord. No. 191 2nd series, § 1, 6-14-1999)
State law references: Minnesota Noxious Weed Law, Minn. Stat. § 18.75 et seq.
rainaedrainagedrainage
Sec. 58-2. Maintenance of drainage systems; interference with drainage; permit
for drainage systems.
(a) Definitions. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning:
Private drainage system means any storm sewer, ditch, tile line, or other facility,
together with all appurtenances, constructed by a private person or existing on private property,
for the purpose of collecting or conveying natural precipitation.
Public drainage system means any storm sewer, ditch, tile line, or other facility, together
with all appurtenances, constructed by the city from public funds, whether or not the cost was
specially assessed, or maintained by the city from public funds, for the purpose of collecting or
conveying natural precipitation.
http://library 12.municode.com/gateway.dll/mn/minnesota/1324/1401/1402?f=templates$fn=... 9/7/2004
.a 4,izTICLE 1. IN GENERAL Page 2 of 2
(b) Maintenance. It is the responsibility of the owner of any private drainage system,
or the owner of the land upon which it is constructed, to maintain such system in good
and workable condition and not to alter its capacity, inlet location or discharge location
without a permit from the city.
(c) Obstructions. It is a misdemeanor for any person to obstruct or place any
obstruction in or upon any public or private drainage system.
(d) Contract required. It is a misdemeanor for any person to construct, reconstruct, or
in any way alter or extend any public or private drainage system unless such person is
within the scope of a contract with the city or has a written permit from the city.
(e) Increase of volume, velocity. It is a misdemeanor for any person to increase the
volume or velocity of surface water runoff leaving his property, or to channel any surface
water runoff so that it is redirected outside of the normal, natural watercourse as such
surface water is discharged from private property on to public streets, public property, or
on to neighboring private property, without a permit from the city.
(Code 1984, § 9.04)
http://library 12.municode.com/gateway.dll/m.n/minnesota/1324/1401/1402?f=templates$fn=... 9/7/2004