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Home My WebLink AboutRe: sand blanket a , . �O� �, �. �,� � � !j ��-��-- � CITY of 4RON0 , r�,._ _ � I ��. ��,�.� ,,, ' '�\,"�,� '� �,; '��,.�" ��,� Municipal Oftices � � �"�```�'' G Street Address: Mailina Addross: � ��':wJ`'."`-`�-� 'q l��K pg' 2 1 5 0 K ell e y Parkwa y P.O. Box 66 Qrono, MN 55356 Crystal Bay, MN 55323-0066 October 26, 1995 Mr. and Mrs. Orville Fisher 475 Oxford Road Long Lake, Minnesota 55356 Dear Mr. and Mrs. Fisher: On October 23, 1995 representatives of the Department of Natural Resources and the Minnehaha Creek Watershed District along with Bruce Vang of the Orono Building Department completed an inspection of the lakeshore yazd of your property to assess reports of violations of federal, state and local ordinances dealing with certain filling and grading activities at the shoreline and within the lakeshore protected area(0-75' from lake). The inspection revealed that grading had taken place altering the original grades of the lakeshore yard within 50-60' of the shoreline. Large quantities of sand had been placed 50' from the Ordinary High Water Level of the lake(possible placement below 929.4 elevation) for a distance of 75 lineal feet para11e1 to the shoreline. It was also noted by members in the inspection group that an underliner had been placed beneath the sand area observed within the lake bed itself and at the shoreline. A deck at appro�cimately 10'x 12' attached to the lake side dock was installed within the lakeshore protected area. Joe Richter of the Department of Natural Resources and Suzanne Weedman of the Minnehaha Creek Watershed District determined that filling had taken place within the floodplain of Lake Minnetonka(929.4 to 931.5). The above referenced activities were in violation of the following sections of the Orono Municipal Code: l. Section 10.22, Subd. 1 (B) - No principal or accessory structures shall be located within 75' of the lakeshore. The above referenced deck has been installed at the shoreline of the lake where no such structures are allowed. 2. Section 10.22, Subd. 2 - The placement of the structure within the lakeshore protected area is also in violation of the hardcover regulations of the City which would not permit hazdcover improvements within the 0-75' setback. There is an additional violation of this section as land alterations (grading and filling in excess of 100 cubic yazds of fill or sand)have been conducted within 0-75' of the lake. Tekphone (612) 473-7357 � FAX 4?3-0510 - Mr. and Mrs. Orville Fisher October 26, 1995 Page 2 3. Section 10.55, Subd. 8 - This section of the code would prohibit the filling of floodplain areas. It appears that fill has been placed at or below the 931.5 elevation. 4. Section 10.03, Subd. 19i21 -Conditional use permit is required for land alterations in excess of 100 cubic yards. 5. Section 10.56, Subd. 16 (H-2) (Section 10.56, Subd. 3,Def. 13) -Vegeta.tion has been removed and the area covered with fabric and/or sand. Staff has enclosed the above referenced sections of the code for your information. It is apparent that the contractor that was used to complete your lakeshore improvements was not certified by the Minnehaha Creek Watershed District. A licensed contractor would have known the rules and regulations dealing with the placement of a sand blanket at your shoreline. It is my understanding that the Minnehaha Creek Watershed District has reviewed the violations within your lakeshore yard at a meeting held sometime within the week of October 23rd. I am not certain as to the exact date of the meeting nor the outcome of their discussion. In light of your very recent "after-the-fact" variance/conditional use permit review in November of 1993 in which the very same sections of the code were violated,I must ask that you arrange to meet with the Orono staff no later than Monday,November 6th, to discuss the violations and a schedule for removal of all violations as staff cannot recommend that you apply for a land use application. Please contact my office at your very earliest convenience so that we can arrange for a meeting. Sincerely, I�'�C--��zc.�/L' �� Jeanne A. Mabusth Building &Zoning Administrator JAM/ch cc: Joe Richter, DNR Suzanne Weedman, Minnehaha Creek Watershed District Ron Moorse, City Administrator Lyle Oman, Building Official Bruce Vang, Field Inspector � � ;__ �' / 475 Oxford Road �� ► v Long Lake, MN 55356 �Ov [8 �995 November 8, 1995 Suzanne Weedman Assistant District Director Minnehaha Creek Watershed District 15500 Wayzata Boulevard, #611 Twelve Oak Center Wayzata, MN 55391 Dear Suzanne: In follow-up to the conversation that we had at the City of Orono on Friday, I am enclosing a completed copy of a sand blanket permit for my lakeshore property on Lake Minnetonka -- Stubbs Bay. As we discussed, I am having Jim Smith of Concept Landscaping, a licensed contractor, remove the plastic that is currently under the sand below the 931.5 flood plain line. Excess sand on the site will then be used to install the sand blanket by the contractor. Obviously the contractor would like to complete this project all at the same time. I understand Jim has talked to you and he will establish the 931.5 flood plain line. Yours uly, Orville E. Fisher, Jr. Encl. c: Lyle Oman � From . rF-i��NE rJ_,. . =.,,='�+11� Nr�•�. �q 19'�5 1Ct:4Gi�M F':�1 Concept Landscapinc�, Inc. �153 Priest Lai3e Mound, MN 55364 Mi»nehaha Greek Waterslied Progress]Zeport----1]-�-95 �tt Suzan�,e Sul�ject; CI�i� Fisller-475 Q�cfora--Orono l l-8-95 Tt w�s agreed Uetween Cltip I'lE�101' RI]CI C�)t1i;@j�t tI]Ett COIICC�3L Vti�pu1� rC�r1.OvC CXisting plastic underliner bolow 931.5 and smoot�z c>ut cxisiing sand. It was furlher a�;reed tiint Conccpt ;��ould re��ove su�'icien� sand abovc thc 931.5 to install a 10' x 50' Y 6" sand bl�nl:et not to cxcc.,.d !0' watcrward ofthe �29.4. ]t was fi�rtlior agreed that Concepi, could :no�. sul�ply until Sprin�black dirt And tl�at Concopt would grade existing snnd abovt: tl�ic 931.5 sinooih and instali binc;k dirt in the spring, Fishcr would install sod at that tirr�e. Coi�cept contacted Suzanno and racieved ve:-bal bo ahcnd. Concept contac:ted Lylc at Orono and ex�,�lnined ti�c abave and X.yle said d1C. Gox�cept removed plastic c,n 11-R Note; Br�tce- Orono ltis�ector stoppecl a.t jcsb silo And sccmod to indic�.te that ail sand had to be removed fi•om 929.�1 ab�ve, 7'his is il sh�rp cor►trast to the abreed upon actian l�ei»� taken, Please Ue advise�l Ci,nc�p� ciues not have A c ontraei to remove mnre than the sufficicnt y�rdage »eccssaiy to place a sancl blac�kct 1(�x 50 x6" �nd that is aUove the 931.5 only, A11 sand fi-�m 929,� tu 931.5 cxisting Sce.�uled to stay vir�in. �wner stated th�t w�s Ol� and I was specific on that iiem l�ath wi�h i:.y%e and Suzanne. a 1-9 Inst�ilutiun uf snnd binnket takin� place. Jitn 5n�itli---472-4115 �l�-(l-�I��C Y� t�-� �Tl�l S�z2'"4'"� Ccc-L�=le� 1 I - 'i 3 -�� ,,�_ � Fr�m : �NONE tJo. : a?�a118 Nr_-n��. �9 1995 10:�.�AM F�i1 � �. { I - _ � i i i \ I i � � � � � \ , % .� \ , �-- — -----y . � oLb B.RWp / � — — � 431,5 y2�a CLO 8A JO �..� �yANUtlU�,ryKtl ' '�"" .�.. �� 50' CNfP�'ISI ER 475 OXFOItD �