6.4. SR 09-21-1998-'ity of
ITEM ~ 6.4.
Memorandum
iver
TO:
FROM:
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE:
SEPTEMBER 21, 1998 ~.
SUBJECT:
WETLAND CONSERVATION
ACT DECISION - WCA 98-6
AND EASEMENT VACATION -
CASE # EV 98-6 - JOHN LENZ
John Lens is proposing to fill approximately 7,533 square feet of type II wetland to
accommodate a building site. The proposed site is Lot 1, Block 1, Parkview Addition. A
vicinity map is attached to this memo. Mr. Lenz is purchasing this lot from the city.
Since the wetland in question is not in a shoreland area, the De Minimis area, or area that
is exempt from replacement is 5,000 square feet for filling type II wetland. This means
that, if Mr. Lenz's request is approved, out of the 7,533 square feet of wetland he
proposes to fill, he will need to replace 2,533 square feet. The ratio for replacement in
Sherbume County is 2 to 1, so Mr. Lenz will need to create a minimum of 5,066 square
feet of wetland.
Mr. Lenz is proposing a replacement wetland area of approximately 13,916 square feet,
which includes a 15 foot vegetative buffer strip on its upland perimeter. The replacement
wetland and buffer area will be graded at a maximum of a 5 to 1 slope. Approximately
six inches to one foot of muck from an adjacent wetland will be placed on the bottom of
the created wetland to help seal it and to provide aquatic vegetation seed. The city will
monitor this wetland yearly to ensure its establishment is successful.
On the attached site plan, the striped area shows the proposed location of the replacement
wetland and buffer strip, and the southern most shaded area shows the area where wetland
is proposed to be filled. An associated request is the vacation of two areas of drainage
and utility easements on the property; both the northern and southern shaded areas on the
attached site plan.
The request to vacate the southern portion of drainage and utility easement is so wetland
can be filled in this area to accommodate Mr. Lenz's proposed house. The northern area
where drainage and utility easement is proposed to be vacated is to accommodate a
garage. The drainage and utility easements on the property are larger than the actual
wetlands. No wetland filling is associated with vacating the northern easement. Further,
there is a relatively large wetland complex in this area. The vacation of either area of
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
drainage and utility easement will not adversely effect drainage or storm water retention
in this area, as per the City Engineer.
Mr. Lenz also intends to excavate material out of an existing wetland adjacent to his
replacement area. His intention is to create diversity in the habitat of this wetland by
creating an area of open water and to generate fill for his home site.
FINDINGS
MSA, Consulting Engineers delineated the wetland in question in September of 1996.
The Technical Evaluation Panel was convened on 8/6/98 to consider Mr. Lenz's proposal.
The wetland filling and replacement plan proposed by Mr. Lenz were found acceptable to
the Technical Evaluation Panel.
On August 20, 1998, the city sent out combined notification of the proposed filling and
replacement plan to the necessary agencies and did not receive any negative comments
regarding the project.
The easement vacations were noticed twice in the Elk River Star News as per State
Statute and notice was mailed to surrounding, p~operty owners.
RECOMMENDATION
Staff recommends approval of the proposed filling, mitigation plan, and easement
vacation for this project with the following stipulations:
1. That a restrictive covenant and drainage and utility easement be recorded on the
mitigation areas.
2. That the replacement wetland is created as described in this memo.
The last attachment to this memo is a resolution for approval of the easement vacations.
The Council must also make a motion to approve the proposed wetland filling and
replacement plan. Staff will prepare and execute the documents needed to place
easement and a restrictive covenant on the wetland replacement area prior to the property
transferring to Mr. Lenz.
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CASE # EV 98-6
JOHN LENZ PROPERTY
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EDGE OF WETLAND
AND UTILITY EASEMENT
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PROPOSED
VACATED EASEMENT
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/' VACATED EASEMENT ,
~ EDGE OF ~TLAND
I // z ~ DRAINAGE AND
592.95
NEICORNER
/--OF/LOT 1.
z
EASEMENT EXHIBIT FOR PROPOSED
AND VACATION OF EASEMENTS
LOT 1, BLOCK 1, PARKVlEW ADDmON
EXHIBIT
1
RESOLUTION 98 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY
EASEMENTS
Case No. EV 98-6
WHEREAS,
the property owner abutting the street, drainage, and utility
easement has requested the City Council in a petition dated August
19, 1998, such easement according to law; and,
WHEREAS,
a public hearing was held on September 21, 1998, before the City
Council at the Elk River City Hall on such petition after due
published and posted notice had been given as well as personal
notice to affected property owners on September 11, 1998, and all
persons interested were given an opportunity to be heard; and,
WHEREAS, it appears that it will be in the best interest of the City to approve
such petition.
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the drainage, and utility easement described as follows is hereby
vacated:
See attached Exhibit A and Exhibit B
Adopted by the Elk River City Council this
day of ,1998.
ATTEST:
Henry Duitsman, Mayor
Sandra Peine, City Clerk
\\elkriver\sys\shrdoc\document\resoluti\ev98-6.doc
EXHIBIT A
PROPOSED DRAINAGE AND UTILITY EASEMENT
VACATION AREAS
That part of Lot 1, Block 1, Parkview Addition, according to said plat on file and of record in the
office of the County Recorder, Sherbume County, Minnesota described as follows:
Commencing at the Northeast corner of said Lot 1; thence South 00 degrees 54 minutes 20
seconds West, an assumed bearing along the East line of said Lot 1, a distance of 8.70 feet;
thence South 71 degrees 56 minutes 58 seconds West, a distance of 31.87 feet to the point of
beginning of said parcel of land to be hereinafter described; thence continuing South 71
degrees 56 minutes 58 seconds West, a distance of 115.91 feet; thence North 18 degrees 03
minutes 02 seconds West, a distance of 14.25 feet; thence North 78 degrees 57 minutes 27
seconds East, a distance of 116.78 feet to the point of beginning.
And also that part of said Lot 1 described as follows:
Commencing at said Northeast corner of Lot 1; thence South 00 degrees 54 minutes 20
seconds West, along said East line of Lot 1, a distance of 254.37 feet to the actual point of
beginning of the parcel of land to be hereinafter described; thence continuing South 00 degrees
54 minutes 20 seconds West, along said East line of Lot 1, a distance of 10.01 feet; thence
North 87 degrees 02 minutes 18 seconds West, a distance of 312.36 feet; thence North 28
degrees 57 minutes 33 seconds East, a distance of 76.26 feet; thence South 75 degrees 10
minutes 15 seconds East, a distance of 284.66 feet, to the point of beginning.
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PROPOSED DRAINAGE ~
AND UTILITY EASEMENT
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592.95
1WT
NE/CORNER
//~OF/LO? I
EASEMENT EXHIBFr FOR PROPOSED
AND VACA'RON OF EASEMENTS
LOT 1, BLOCK 1, PARKVIEW ADDmON
EXHIBIT
1