HomeMy WebLinkAboutRe: unpermitted landscaping CITY OF ORONO
Street Address: Mailing Address: Telephone(952)249-4600
S� ti 2750 Kelley Parkway P.O. Box 66 Fax (952)249-4616
l9 Orono, MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
2 April 2015
Richard &Stephanie Schulze
2152 Canna Way
Naples, FL 34105
Re: Notice of Drainage Issue/Unpermitted Landscaping
1530 Orchard Beach Place - PID NO: 07-117-23-43-0003
In November 2014, the City received a complaint regarding a stormwater drainage issue originating at your
property at 1530 Orchard Beach Place; the City's engineer conducted an inspection and prepared the
enclosed field report. It would appear that, following the City's approval of the Certificate of Occupancy in
2008 for the new home on the property additional landscape changes were made to the east side of the
property. The City has no record of a permit for those landscape changes. It appears the pipe which was
installed along the property line, and the absence of the required drainage swale are having an adverse
impact on the adjacent property which must be corrected.
This letter is your notice that the grading must be corrected so as to direct stormwater to the lake or the
adjacent street within your property boundaries. Please complete the enclosed Zoning Permit Application for
minor land alteration with a plan to correct the areas of concern. The Zoning Permit has a $50 fee and
requires submittal of a $2,000 escrow for erosion control purposes. The property is considered to be in
violation of City Code Section 78-967(b) which is enclosed for your reference. In order to correct the
violation the completed permit application must be submitted by April 13th with an acceptable plan for
corrections.
Your cooperation with this matter is appreciated. Please contact me at 952.249.4627 or
mcurtis(aci.orono.mn.us or Adam Edwards, City Engineer at 952.249.4661 or aedwardsci.orono.mn.us if
you have any questions.
Sincerely,
City of Orono
1/64011"06V—
Melanie Curtis
Planner
encl
copies via email: Aaron Ouska, Edina Realty
Sec.78-966.- Prohibition.
(a) It is unlawful for any person to perform or have performed the following land alteration activities
without a conditional use permit issued by the council:
(1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth
material within the limits of the city.
(2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or
alter the existing natural grade.
(3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of
lakeshore property.
(b) All land alterations involving filling and grading shall be performed only with clean fill as defined in
section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code
and other applicable statutes or ordinances of other governmental bodies.
(Code 1984, § 10.03(19); Ord. No. 163 2nd series, § 1, 12-8-1997)
Sec.78-967.-Exception.
(a) The requirements of section 78-966 are not intended to govern the following land alteration activities:
(1) Normal and customary grading in the area of an existing or a newly constructed building, or the
grading of the driveway serving such building.
(2) Any earth movement less than 500 cubic yards which does not adversely impact the existing
drainage.
(3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all lakes
enumerated in article IX of this chapter.
(b) Such grading and earth movement shall be subject to approval by the building inspector at the time
of issuance of a building permit, provided that a plan showing proper drainage and protection of
adjoining property has been submitted. Where such earth movement is not being performed in
conjunction with a building permit, a separate land alteration permit shall be required. Any unusual
land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a
conditional use permit as provided for in this chapter. The following land alterations shall be
considered as unusual land alterations:
(1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess
material removed below 12 feet depth is to be stockpiled on the site.
(2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise
grade for adequate frost footing protection, the intent being that structures shall not be artificially
raised above the preexisting surrounding topography.
(3) Grading or alterations that would propose any changes in elevations within five feet of adjacent
residential lot lines except for drainage swales and ditches.
(c) The building inspector shall have the authority to refer any requests for land alteration permits to the
city council for review and approval in instances where the land alteration appears to potentially
create negative impacts or be not in keeping with the goals and policies of the community
management plan.
(Code 1984, § 10.03(21); Ord. No. 163 2nd series, § 2, 12-8-1997; Ord.No. 171 2nd series, § 1,
4-4-1998; Ord. No. 133 3rd series, § 1, 1-26-2015)
Page 1
Drainage issue at 1530 Orchard Beach PI
I visited the property on 7 Nov 14. The plans approved
when the house was built show a swale to direct the
water from the west side of the house to the lake. The • >:4
swale does not exist and a -6in drain pipe has been �. ,"
installed that empties along the properly line. ', - g ;„ : e
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Drain pipe at 1530 Orchard Bay Looking toward lake down property line.
Swales from 2007 plan not present.
Prepared by: Adam Edwards, City Engineer 7 November 14