7.6. SR 06-21-2006
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ITEM 7.6.
TO:
MAYOR AND CITY COUNCIL
e
I er
FROM:
GARY SCHMITZ, ZONING ASSISTANT/
RECYCLING COORDINATOR
DATE: JUNE 11, 1993
SUBJECT: CONDITIONAL USE PERMIT REQUEST FOR
EXCAVATION IN A WETLAND BY JAMES
NORDENSTROM/PUBLIC HEARING, CASE
NO. eu 93-11
On May 25, 1993, James Nordenstrorn, 19881 Auburn Street, NW,
Elk River, appeared before the Planning Commission to discuss a
conditional use permit request to excavate an existing
wetland. Attached are the minutes and memo to the Planning
Commission explaining the project in detail. Also attached are
letters from the DNR and Sherburne County Soil & Water
Conservation District.
At the May 25, 1993, Planning Commission meeting a neighbor
questioned the surrounding drainage pattern and what affect, if
any, this pond would have on that drainage system. There are
several small wetlands located in this area. Attached is a
letter from Terry Maurer addressing this issue.
The Plannning Commission recommended 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 4:1.
3. SLOPED AREAS 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. 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.
6. THE CONTRACTOR AND PROPERTY OWNER WORK WITH THE DNR
TO CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE.
7. APPROVAL IS CONTINGENT UPON THE RECOMMENDATION OF THE
ARMY CORPS OF ENGINEERS AND THE SHERBURNE COUNTY SOIL
AND WATER CONSERVATION DISTRICT.
P.o. Box 490 e 13065 Orono Parkway @) Elk River, MN 55330 €> (612) 441-7420 0 Fax: (612) 441-7425
CUP, James Nordenstrom
June 11, 1993
Page 2
8. THE PROJECT BE COMPLETED WITHIN ONE CONSTRUCTION
SEASON.
9. HOURS OF OPERATION BE AS PER CITY CODE.
CONSULTING ENGINEERS
Maier Stewart & Associates Inc.
June 14, 1993
File No: 230-184-11
Mr. Steve Rohlf
Building and Zoning Administrator
City of Elk River
13065 Orono Road
Elk River, MN 55330
RE: JAMES NORDENSTROM WETLAND EXCAVATION REQUEST
Dear Mr. Rohlf:
As requested, we have reviewed the Nordenstrom request to excavate approximately 7500 cubic
yards of black dirt from existing wet land on Lot 7, Block 3 Deerfield Second Addition. In
reviewing this request we made a brief visit to the site and also reviewed your May 18th, 1993
memo to the Planning Commission. We do not believe the excavation of this pond will have any
adverse affect on the existing pond on Lot 10, Block 3 Deerfield Second Addition. As long as
the excavation of the proposed pond does not break through the underlying seal both the new
pond and the existing pond should remain at the same static \Vater level.
Based on our review, we would recommend approval of this request, we would also concurr with
the seven points listed in your staff memo to the Planning Commission.
If you have any questions regarding this issue, please call us.
Sincerely,
MAIER STEWART & ASSOCIATES, INC.
~P;1~
~~~ J. {{aurer, P.E.
TJM:db
184-1401.jun
1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612.774..6021
9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS. MINNESOfA 55441 612.546-0432 · Equal Opportunity Employer
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ITEM 8
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TO:
PLANNING COMMISSION
River
FROM:
GARY SCHMITZ, ZONING ASSISTANT/
RECYCLING COORDINATOR
DATE: MAY 18, 1993
SUBJECT: CONDITIONAL USE PERMIT REQUEST FOR
EXCAVATION IN A WETLAND BY JAMES
NORDENSTROM/PUBLIC HEARING, CASE
NO. eu 93-11
APPLICANT
James Nordenstrom, 19881 Auburn Street, NW, Elk River, MN.
REQUESTED ACTION
The applicant is requesting a conditional use permit to
excavate an estimated 7,500 cubic yards of black dirt from a
wetland to construct an open water pond for wildlife viewing.
SITE ZONING/LAND USE
R-la, Single Family Residential
LR, Low Density Residential
SURROUNDING ZONING
R-la, Single Family Residential, all directions.
LR, Low Density Residential
CITY SERVICES
Private septic and well.
LEGAL DESCRIPTION
Lot 7, Block 3, Deerfield Second Addition. A map is attached
showing the location of the affected property.
BACKGROUND
The applicant is requesting a conditional use permit which
would allow him to excavate approximately 7,500 cubic yards of
black dirt from an existing wetland located at 19881 Auburn
Street NW, Elk River. The excavated black dirt will be kept on
site and be used to landscape Mr. Nordenstrom's yard.
Excavations within wetlands that encompass more than one
property owner must go through the conditional use process.
This will give the surrounding property owners notice that the
makeup and composition of their wetland may be altered and
P.o. Box 490 · 13065 Orono Park\vay · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Conditional Use Permit, James Nordenstrom
May 18, 1993
Page 2
allow the surround property owners with some "say" in this
process.
The applicant has proposed to excavate 7,500 cubic yards of
fill from a 260x150 foot low land area that is part of a
drainage and utility easement. All of the excavated black dirt
will remain on site and will be used for landscaping purposes
around the home. I have attached a site plan/survey which
shows the location of the proposed excavation area.
The DNR, Army Corps of Engineers, and the Sherburne County Soil
and Water District were all notified of this proposal. At the
time this memo was written, only Dale Homuth of the DNR had
sent a response regarding this project. Included is a copy of
Mr. Homuth's letter for your review. In the letter, Mr. Homuth
points out that DNR approval is not required for this issue
because it is not a public water wetland and no permit from the
DNR will be required.
I will update the Planning Commission regarding responses from
the Army Corps of Engineers and the Sherburne County Soil and
Water District, if they are available, at the Tuesday night
meeting.
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.
DRAINAGE
Terry Maurer, City Engineer, reviewed this proposal and did not
feel drainage would be a problem as long as the excavated
material would not be placed in an area which could disrupt
existing drainage patterns.
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 extent possible that this pond will be safe in a
residential area while providing beneficial wildlife habitat.
Conditional Use Permit, James Nordenstrom
May 18, 1993
Page 3
EXCAVATED MATERIAL
All the excavated material will remain on site and be used for
landscaping purposes near the home. The 1991 Wetland
Conservation Act prohibits any of the excavated material to be
placed back within the wetland boundaries, therefore, all the
excavated material must be removed from the wetland itself.
CONDITIONAL USE PERMIT STANDARDS
Conditional use permit requests should be measured against the
seven standards as outlined in Section 900.42 of the Elk River
City Code.
1. Subparagraph 1. Staff believes the use will not
detrimentally affect the use and enjoyment of other
properties in the immediate vicinity.
2. Subparagraph 2. Staff feels this use would be
consistent with the Comprehensive Plan.
3. Subparagraph 3. Staff feels the request will not
impede the normal and orderly development and
improvement of the the surrounding vacant property.
4. Subparagraph 4. Since none of the excavated material
,will be removed from the site and drainage patterns
of the area will not be altered, staff feels this use
will not adversely affect essential public facilities
and seryices.
5. Subparagraph 5. Staff feels the use will not be
detrimental to people because of traffic, noise,
fumes, smoke, glare, odor, dust or vibrations. The
project should only take a few days to complete,
therefore, any detrimental affects will be kept to a
minimum.
6 .
Subparagraph 6. The use would result in
feature (the wetland) being altered
destroyed. Staff is not aware of other
historic features in this area.
a natural
but not
scenic or
7 .
Subparagraph 7. If approved, the project would be
required to meet all other applicable City ordinances.
Conditional Use Permitr James Nordenstrom
May 18, 1993
Page 4
RECOMMENDATION
Staff is recommending 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 ration
of 4:1.
3. Sloped areas 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. 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.
6. The contractor and property owner 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
Sherburne County Soil and Water Conservation District.
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SHERBURNE COUNTY ABSTRACT & TITLE CO.
PAT RASMUSSON
PRESIDENT
CATHY BAILEY
SEC.fTREAS.
BONI CULLEN
MANAGER
.l\pril 30, 1993
Based on the examination of real estate records I find the follow~ng are property
owners eithin 350 foot radius of the land described as: Lot 7, Block 3, Deerfield
2nd Addition, Sherburne County, Minnesota.
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Robert Bremseth, 19975 Auburn St ~7, Elk'River, MN 55330
Dav~d Gerber, 19935 Auburn St ~~, Elk River, MN 55330
James Jorgensen, 19974 Zane St m~, Elk River, MN 55330
Douglas Walz, 19950 Zane St ~~, Elk River, MN 55330
Richard Sheldon, 19902 Zane St N11, Elk River, MN 55330
Gary Thompson, 19860 Zane St ~1~, Elk River, MN 55330
Gerald Fricke, 19794 Zane St ~~, Elk River, MN 55330
Chad Bolin, 11301 198th Ave m~, Elk River, MN 55330
James Storie, 11368 198th Ave NW, Elk River, MN 55330
Roland Narv.eson, 11304 198th Ave ~w, Elk River, MN 55330
Brian BOCh~~tz, 19970 Auburn St NW, Elk River, MN 55330
Bryan Vita, 11336 199th Ave ~w, Elk River, MN 55330
Clifford Martinson, 11379 198th Ave N1~, Elk River, ~w 55330
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DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATERS, P.O. BOX 370, ST. CLOUD, 1vfN 56302
PHONE NO. (612) 255-4278 FilE NO.
STATE OF
. .f; t' {~ ~ t \1 F fl .r;~,Q y 7 ~t9~93
May 6, 1993
James Nordenstrom
19881 Auburn Street N.W.
Elk River, 1vfN 55330
Dear Mr. Nordenstrom;
WETLAND FILL PROJECT; DEERFIELD 2ND ADD~; CITY OF ELK RIVER
Thank you for sending the tlproject Notification Form" to my office for review. I note that you propose
to excavate an existing wetland located on your property, which is described as Lot 7, Block 3 of
Deerfield 2nd Addition.
I have reviewed maps of the site and I find that there are no "Public Water" Wetlands located on your
property. Therefore, the approval of the Department of Natural Resources (DNR) will not be needed
for your proposed work.
Permits or approvals may be required from other Federal or Local Agencies for this proposed work.
It appears 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. Please
make sure that you send a copy of the Project Notification Form to both the U. S. Army Corps of
Engineers and the City of Elk River.
Contact me if you have any other questions about this matter.
Sincerely;
a~
Dale E. Homuth
Area Hydrologist
DEH
cc:
City of Elk River V
Sherburne County SWCD
U. S. Army Corps of Engineers
Dave Hills, Regional Hydrologist
AN EQUAL OPPORTUNITY EMPLOYER
MINNESOTA -
SOIL AND WATER CONSERVATION DISTRICTS
SHERBURNE SOIL AND WATER
CONSERVATION DISTRICT
,/
12433 Pine Street
P.O. Box 250
Becker, MN 55308
Tel. (612) 261-4445
May 6, 1993
James B. Nordenstrom
19881 Auburn street NW
Elk River, MN 55330
Mr. Nordenstrom
Thank you for submitting a copy of the Project Notification
Form to us regarding your proposal to excavate a wetland on
Lot 7, Block 3, Deerfield 2nd Addition. As you may know,
the Minnesota Wetland Conservation Act of 1991 prohibits
draining, filling, or burning in a wetland except under
certain defined circumstances. In this instance, the city
of Elk River is the local governmental unit that will
determine if your project adheres to the above mentioned
act. We simply review and comment on your proposal.
with this in mind, and from the information you submitted,
any excavated material must be removed from the wetland.
Also, we recommend that all exposed soil be seeded as soon
as possible after excavation in order to reduce
sedimentation back into the pond.
If you have any questions, please contact me.
Sincerely,
tJ~~
william Bronder
District Technician
AN eQUAL OPPORTUNITY EMPLOYER
Elk River Planning Commission Minutes
May 25, 1993
Page 6
7. Conditional Use Permit Request to Construct and Operate a Bus Terminal
by John Weicht/public Hearing
Stephen Rohlf, Building and Zoning Administrator, stated the applicant,
John Weicht, requested a conditional use permit to construct and
operate a bus terminal. The terminal will be for Dickenson Bus
Company, a school bus company. Mr. Rohlf reviewed the issues raised in
staff's memo dated May 18, 1993, however, staff is still recommending
continuing this item to the June 22, 1993, Planning Commission meeting
due to lack of details.
Chairman Minton opened the public hearing.
John Weicht, PO Box 368, Elk River, stated he was willing to work
with the City to provide further details.
COMMISSIONER TVEITE MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE JUNE
22, 1993, PLANNING COMMISSION MEETING, TO BE HELD AT THE ELK RIVER CITY
HALL AT 7 P.M. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
8.
Conditional Use Permit
Nordenstrom/Public Hearing
for
Excavation in a Wetland By James
Stephen Rohlf, Building and Zoning Administrator, briefed the Planning
Commission regarding the applicant's request for a conditional use
permit to excavate an estimated 7,500 cubic yards of black dirt from a
wetland to construct an open water pond for wildlife viewing. The
excavated black dirt will be kept on site and be used to landscape Mr.
Nordenstrom's yard. Mr. Rohlf reviewed the issues raised in staff's
memo dated May 18, 1993, and added discussion regarding the duration of
the project and the hours of operation.
Mrs. Nordenstrom commented on the letter she received from the DNR
stating they did not have jurisdiction in this area, however, they did
send the Nordenstrom's information regarding pond construction" for
wildlife viewing. No information was available from the Army Corps of
Engineers and the Sherburne County Soil and Water Conservation District.
Chairman Minton opened the public hearing.
Gary Thompson, 19860 Zane Street NW, Elk River, questioned the
surrounding drainage pattern and what affect, if any, this pond would
have on that drainage pattern. Mr. Rohlf responded.
There being no further comments from the public, Chairman Minton closed
the public hearing.
COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT
TO EXCAVATE APPROX. 7,500 CUBIC YARDS OF BLACK DIRT FROM AN EXISTING
WETLAND BY JAMES NORDENSTROM/PUBLIC HEARING, CASE NO. CU 93-11,
CITING STAFF'S MEMO DATED MAY 18, 1993, AND THE 7 STANDARDS FOR A
CONDITIONAL USE PERMIT WITH THE FOLLOWING STIPULATIONS:
Elk River Planning Commission Minutes
May 25, 1993
Page 7
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 4:1.
3. SLOPED AREAS 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. 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.
6. THE CONTRACTOR AND PROPERTY OWNER 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 SHERBURNE COUNTY SOIL AND WATER
CONSERVATION DISTRICT.
8. DURATION OF THE PROJECT BE COMPLETED WITHIN THE SAME CONSTRUCTION
SEASON.
9. HOURS OF OPERATION BE AS PER CITY CODE.
COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0.
9. Conditional Use Permit Request to Allow the Sale of Truck Boxes in C3
Zone by Metro Truck Equipment/Public Hearing
Stephen Rohlf, Building and Zoning Administrator, briefed the Planning
Commission regarding this request to allow sales of truck boxes in C3
zone. Metro Truck Equipment is proposing a 50'x60' (3,000 sq ft)
building to house sales personnel and merchandise. Mr. Rohlf reviewed
the issues raised in staff's memo dated May 19, 1993. More detail will
be needed to review this conditional use permit, therefore, staff
recommended the Planning Commission continue this request to the June
22, 1993, Planning Commission meeting. The applicant agreed with this
request.
Chairman Minton opened the public hearing.
COMMISSIONER SPOTTS MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE JUNE
22, 1993, PLANNING COMMISSION MEETING TO BE HELD AT THE ELK RIVER CITY
HALL AT 7 P.M. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
10. Conditional Use Permit Amendment for a Truck Terminal by Metro Truck
Equipment/Public Hearing