7 PCSR 07-27-1993 A./ ITEM 7
y of .„,
TO: PLANNING COMMISSION
.lkRiver FROM: GARY SCHMITZ, ZONING ASSISTANT C
DATE : JULY 19, 1993
SUBJECT: CONDITIONAL USE PERMIT REQUEST
FOR EXCAVATION IN A WETLAND BY
RICHARD AND PAULA GUTHERIDGE/
HEARING, CASE NO. CU 93-20
ATTACHMENTS
Location Map, Site Plan, Zoning Map, Land Use Map, Sherburne
County Minutes, Property Owners List.
APPLICANTS
Richard & Paula Gutheridge, 14288-201 Avenue NW, Elk River, MN.
REQUESTED ACTION
The applicants are requesting a conditional use permit to
excavate an estimated 6,500 cubic yards of black dirt from a
wetland to construct an open water pond for wildlife viewing.
SITE ZONING/LAND USE
Rla/Single Family Residential, LR/Low Density
LEGAL DESCRIPTION
Lot 6 , Block 2, Fairhaven Hills
BACKGROUND
The applicants are requesting a conditional use permit to
excavate approximately 6,500 cubic yards of black dirt from an
existing grassy wetland. All the excavated dirt will be used
for landscaping purposes around the Gutheridge' s home.
The applicant has tried to excavate this pond for the past few
years, however, a portion of County Ditch 28 runs through the
proposed excavated area. Before the City could approve the
project, the applicant needed County approval . Sherburne
County was planning a study of County Ditch 28, therefore, the
proposal was put on hold until the study was completed. The
study was never conducted and the County Commissioners recently
acted on this request. On July 6, 1993, the Sherburne County
Board of Commissioners formally relinquished its claim for
4111 County ditch and drainage purposes for the portion of County
Ditch 28, owned by the Gutheridge' s . A copy of minutes from
that meeting are attached.
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
CUP, Gutheridge' s Page 2
July 19, 1993
• The DNR and Army Corps of Engineers have been notified of this
proposal, however, at the time of this memo, there has been no
response for either of these agencies . I will update the
Planning Commission regarding their responses at the Tuesday
night meeting, if they are available.
The applicant has proposed to excavate approximately 6,500
cubic yards of black dirt from an "L" shaped area. I have
attached a site plan which shows the location and dimensions of
the proposed excavation area. All excavated dirt will remain
on site and be used for landscaping purposes .
EROSION CONTROL
It is important to avoid erosion by making sure all exposed
ground areas shall be planted with ground cover sufficient to
contain the soil . Ground cover should be tended as necessary
until the ground cover is self sustaining, thereby reducing the
chance for excavated material to flow back into the wetland and
degrade water quality.
SLOPES
According to Elk River City Code, slopes can not be any steeper
than 4 foot horizontal to 1 foot vertical . For safety
• purposes, this is especially true of excavated ponds . The
actual depth of the pond should not be greater than 4-5 feet to
ensure to the greatest extend possible that this pond will be
safe in a residential area while providing beneficial wildlife
habitat.
RECOMMENDATION
Staff is recommending the approval of this request with the
following stipulations :
1 . NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO
THE WETLAND BOUNDARIES.
2 . FOR SAFETY PURPOSES DURING THE ENTIRE PERIOD OF THE
PROJECT, ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO
OF 4 FEET HORIZONTAL TO 1 FOOT VERTICAL.
3 . SLOPED AREAS SHALL BE PLANTED WITH GROUND COVER
SUFFICIENT TO CONTAIN THE SOIL. THIS GROUND COVER
SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF
SUSTAINING.
4 . FOR SAFETY PURPOSES, THE POND SHALL BE NO DEEPER THAN
4-5 FEET IN DEPTH.
• 5 . ANY EXCAVATION OR FILLING SHOULD NOT DISRUPT THE
OVERALL DRAINAGE PATTERNS FOR THIS AREA.
CUP, Gutheridge ' s Page 3
July 19 , 1993
• 6 . THE CONTRACTOR AND PROPERTY OWNERS WORK WITH THE DNR
TO CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE.
7 . THE RECOMMENDATION BE CONTINGENT UPON THE
RECOMMENDATION OF THE ARMY CORPS OF ENGINEERS AND THE
DNR.
411
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1 . THAT NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE WETLAND BOUNDARIES ,
2 , DURING THE ENTIRE PERIOD OF THE PROJECT, ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO
OF 4 FEET HORIZONTAL TO 1 FOOT VERTICAL .
3 , SLOPED AREA SHALL BE PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL , SUCH
GROUND COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING .
4. THE POND SHALL BE NO DEEPER THAN 3 TO 4 FEET IN DEPTH ,
5. ANY EXCAVATION OR FILLING SHOULD NOT DISRUPT THE OVERALL DRAINAGE PATTERNS FOR THIS
AREA. .1A7,e 4.oc k L 0,04.11I�
1 i-G O V t U JUL 19 1993
��nn�SnTATE OF
UPJ
UVESEDIT'
• DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATERS , P.O. BOX 370, ST. CLOUD, MN 56302
PHONE NO. (612) 255-4278 FILE NO.
July 15, 1993
Richard Gutheridge
14288 201st Ave. N.W.
Elk River, MN 55330
Dear Mr. Gutheridge;
WETLAND EXCAVATION PROPOSAL; SECTION 19; CITY OF ELK RIVER
Thank you for forwarding the "Project Notification Form" to my office for review. I note that you
propose to excavate a wetland area located in Lot 6, Block 2 of Fairhaven Hills, also located in the SW
1/4 of Section 19, T33N-R26W.
I have reviewed maps of the site and I find that there are no Public Waters or "Public Water" Wetlands
located in this area. Therefore, the approval of the Department of Natural Resources (DNR) will not be
needed.
•
However, permits or approvals may be required from other Federal or Local Agencies for any land
alteration work on this property. It possible that work in this area may be under the jurisdiction of the
U. S. Army Corps of Engineers and the Wetland Conservation Act of 1991, which is administered by
the City of Elk River. Copies of the "Notification Form" must be given to those agencies also.
Contact me if you have any other questions about this matter.
Sincerely;
9c.t
Dale E. Homuth
Area Hydrologist
DEH
cc: City of Elk River"
Sherburne County SWCD
U. S. Army Corps of Engineers
Dave Hills, Regional Hydrologist
•
AN EQUAL OPPORTUNITY EMPLOYER
JUL- 9-93 FRI 13:29 SHERBURNE COUNTY ADMIN. FAX NO. 6124418567 P. 01
-
• FAX TR S M I T T A L MEMO
Sherburne County Board of Commissioners TO: No,OF
Regular Meeting Minutes DEPT: 4 FAX#: VW'74-25 PAGES
•July 6, 1993 FROM; .. PHONE: .2V/—c8O
co: • . Cho FAX 4:
Poal-Il"brand fax trangmival memo 7671
21. Engstrom/Friedl unanimous roll call to approv
under the state contract at a cost of $608 plus tax for the Highway Department.
22. Johnson/Smith unanimous to close bids for the grading, aggregate base, bituminous base, and bituminous
surface for project S.A.P. 71-610-01 (CSAR #10)of 2.416 miles. Johnson/Smith unanimous to authorize
the opening of bids for the above project.
Valley Paving, Inc. of Shakopee $457,668.80
Bauerly Brothers of Sauk Rapids $327,715.40
Central Specialties of Long Prairie $367,860.86
The bids were referred to the County Engineer and the County Attorney for review.
23. JohnsonfEngstrom unanimous to authorize the Sherburne County Highway Department be included in
the bidding process for the installation of a radio tower and equipment for the Sheriffs Department in
order to increase radio communications for the Highway Department and further to authorize the
inclusion of a radio repeater in the bidding, all funds t4 be taken from the Road and Bridge Fund as
recommended by the County Highway Engineer, approximate total cost of $17,000.
014. Smith/Engstrom unanimous to accept the low bid of Bauerly Brothers in the amount of$327,715.40 for
Highway Project # S.A.P. 71-610-01 (CSAH #10).
The Chairperson declared a recess at 12:03 p.m. and reconvened the meeting at 1:40 p.m.
The Chair opened the public hearing on the petition for partial abandonment of County Ditch #28.
Richard and Paula Gutheridge, petitioners, were present to speak on behalf of their petition.
Engstrom/Johnson to recognize that Ditch #28 has been diverted and the County Ditch Authority hereby
relinquishes it's claim to property owned by Richard arid Paula Gutheridge for County Ditch and
drainage purposes. Roll call: Engstrom, aye; Johnson, aye; Friedl, aye; Schumacher, aye; Smith, naye.
The motion carried,
26. Johnson/Engstrom unanimous to authorize access across tax forfeited land described as that part of the
West 494.94 feet of the SW'/ of the SE'/., Section 11, Township 32, Range 26, Sherburne County,
Minnesota, Lying Easterly of a line described as follows:
Beginning at the point of intersection of the South line of said SW% of the SE% with the
West line of the East 140.00 feet of said West 494.94 feet of the SW% of the SEX;
thence North 1 degree 01 minutes 45 seconds East along said West line of the East
140.00 feet of the West 494.94 feet for a distance of 225.00 feet; thence North 39 degrees
43 minutes 15 seconds East a distance of 223.95 feet, more or less, to intersect with and
. terminate said line at the East line of said West 494.94 feet of the SW'/< of the SE''%.
Page 4 of 8
• •
SHERBURNE COUNTY ABSTRACT & TIME CO.
. PAT RASMUSSON
PRESIDENT
CATHY BAILEY June 30, 1993
SEC./TREAS.
BONI CULLEN
MANAGER
Based on the examination of real estate records I find the following are property
owners within 350 foot radius of the land described as Lot 6, Block 2, Fairhaven
Hills, Sherburne County, Minnesota.
Gregory Loidolt, 14330 201st Ave NW, Elk River, MN 55330
David Goeb, 14318 201st Ave NW, Elk River, MN 55330
Kenneth Bayles, 14340 201st Ave NW, Elk River, MN 55330
Joe Douglas, 14315 201st Ave NW, Elk River, MN 55330
Rodney Mcordle, 14285 201st Ave NW, Elk River, MN 55330
Victor Mastley, 509 2nd Ave W, Osseo, MN 55369
Marvin Marquette, 14270 201st Ave NW, Elk River, MN 55330
David Christiansen, 14244 201st Ave NW, Elk River, MN 55330
Steven Schumacher, 14228 201st Ave NW, Elk River, MN 55330
Jeffrey Mastley, 19857 Zebulon St NW, Elk River, MN 55330
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317 KING AVENUE• ELK RIVER, MINNESOTA 55330• (612) 441-3280
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Affiliated with American Land Title Association
City of
Elk River
LOCATION MAP
CASE
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420
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ZONING MAP
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CASE
P.O. Box 490 e 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420
211TH
210TH
209TH
209TH
207TH
Z06TM
205TH
204TH
203RD
202ND
201ST
200TH
199TH
199TH
197TH
196TH
195TH
LR
3
1 �IN■ I
er P.O. Box 490 4 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420
COMPREHENSIVE
LAND USE MAP
HR
High Density Residential
p
public
CB
HB
Central Business
Highway Business
OS
Open Space
LI
MI
Light Industrial
Medium Industrial
A
LR
Agricultural
Low Density Residential
MR
Medium Density Residential
CASE
er P.O. Box 490 4 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420