6.6. SR 08-16-1993
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ITEM 6.6
TO:
MAYOR & CITY COUNCIL
GARY SCHMITZ, ZONING ASSISTANT/~
RECYCLING COORDINATOR ~- dr
FROM:
DATE: AUGUST 9, 1993
SUBJECT: CONDITIONAL USE PERMIT REQUEST
FOR EXCAVATION IN WETLAND BY
PAULA AND RICHARD GUTHERIDGE/
PUBLIC HEARING, CASE NO. CU 93-20
On July 27, 1993, Richard Gutheridge, 14288 201st Avenue NW,
Elk River, appeared before the Planning Commission to discuss a
conditional use permit request to excavate an existing
wetland. Attached is the memo to the Planning Commission
explaining the project in detail. Also attached is a letter
from the DNR commenting on this request. The Planning
Commission recommended approval of this request with the
following stipulations:
2.
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4.
5.
6.
7.
8.
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1. NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO
THE WETLAND BOUNDARIES.
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.
GROUND
GROUND
IT IS
COVER
COVER
SELF
SLOPED AREAS SHALL BE PLANTED
SUFFICIENT TO CONTAIN THE SOIL.
SHALL BE TENDED AS NECESSARY
SUSTAINING.
WITH
THIS
UNTIL
FOR SAFETY PURPOSES, THE POND SHALL BE NO DEEPER THAN
4-5 FEET IN DEPTH.
ANY EXCAVATION OR FILLING SHOULD NOT DISRUPT THE
OVERALL DRAINAGE PATTERNS FOR THIS AREA.
THE CONTRACTOR AND PROPERTY OWNERS WORK WITH THE DNR
TO CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE.
THE RECOMMENDATION BE CONTINGENT UPON THE
RECOMMENDATION OF THE ARMY CORPS OF ENGINEERS.
THE PROJECT TO BE COMPLETED WITHIN ONE CONSTRUCTION
SEASON.
HOURS OF OPERATION TO BE AS PER CITY CODE.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441~7425
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ITEM 7
TO:
PLANNING COMMISSION
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River
FROM:
GARY SCHMITZ, ZONING ASSISTANT G.5,
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
R1a/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
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
July 19, 1993
Page 2
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
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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
SUFFICIENT TO CONTAIN
SHALL BE TENDED AS
SUSTAINING.
BE PLANTED
THE SOIL.
NECESSARY
WITH
THIS
UNTIL
GROUND
GROUND
IT IS
COVER
COVER
SELF
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
July 19, 1993
Page 3
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.
210TH n
209TH
208TH
207TH
20nH
205TH
204TH
203RO
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20lST
200TH
199TH
198TH
197TH
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PROPERTY
LOCATION MAP
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THAT NONE OF TH~ E CAV~TED MATERIAL IS PLACED BACK INTO THE WETLAND BOUNDARIES. .
DURING THE' ENTIRE PER~OD OF THE PROJECT, ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO
OF 4 FEET HORIZONT L TO 1 .FOOT VERTICAL.
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SLOPED AREA SHALL E PUANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. SUCH
GROUND COVER SHALL BE ~ENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING.
THE POND SHALL BE 0 D~E~ER THAN 3 TO 4 FEET IN DEPTH.
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River p~~: Box-490 · 13065 Orono p'arkway · Elk River, MN 55330 · (612) 441-7420
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PHONE NO.
~ STATE OF
lNJ[R[J[g~@U~
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATERS, P.O. BOX 370, ST. CLOUD, MN 56302
(612) 255-4278 FILE NO.
July IS, 1993
Richard Gutheridge
14288 201st Ave. N.W.
Elk River, MN 55330
Dear Mr. Gutheridge;
WETLAND EXCA V A TION 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 ofFairhaven 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;
VeL ;-~
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
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FROM: _ _ PHONE: ,21.f1-d<If::,o .
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Poal-ll.bfllnd lax tr,lRsmillal memo 7671
Sherburne County Board of Commissioners
Regular Meeting Minutes
July 6. 1993
21. EngstromIFriedl unanimous roll call to approvo __ .c
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) of2.416 miles. Johnson/Smith unanimous to authorize
the opening of bids for the above project
Valley Paving, Inc. of Shakopee
Bauerly Brothers of Sauk Rapids
Central Specialties of Long Prairie
$457,668.80
$327,715.40
5367,860.86
The bids were referred to the County Engineer and the County Attorney for review.
23.
JohnsonlEngstrom 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 fund~ tQ b~ taken from the Road and Bridge Fund as
recommended by the County Highway Engineer) apprQxim~tc, total cost of $17,000.
',4.
SmithlEngstrom unanimous to accept the low bid of Bauerly Brothers in the amount of $327,715.40 for
Highway Project # SA.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.
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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 ovmed by Richard. aIld Paula Gutheridge for County Ditch and
drainage purposes. Roll call: Engstrom, aye; Johnson, ayej Friedl, aye; Schumacher, aye; Smith, naye.
The motion carried.
26.
JohnsonlEngstrom unanimous to authorize access across tax forfeited land described as that part of the
West 494.94 feet of the SW!4 of the SEl', Section 11, Township' 32, Range 26, Sherburne County,
Minnesota, Lying Easterly of a line described as follows: .
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Beginning at the point of intersec~on of the South line of said SWv. of the SE!4. with the
West line of the East 140.00 feet of said West 494.94 feet of the SWv. of the SEV.;
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 Jess, to intersect with and
terminate said line at the East line of said West 494.94 feet of the SWl' of the SEK
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