7.6. SR 05-16-1994
rCI ---\)
( )j
~li<
AGENDA ITEM 7.6.
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
GARY SCHMITZ, PLANNING ASSISToa.4
MAY 16, 1994
FROM:
DATE:
SUBJECT: CONDITIONAL USE PERMIT
REQUEST BY BRIAN ANDERSON,
PUBLIC HEARING, CASE NO. CU 94-09
REQUESTED ACTION
A conditional use permit to excavate an estimated 5,000 cubic yards of black dirt
from a wetland to construct an open water pond for wildlife viewing.
LOCATION
21265 Concord Street, Elk River, MN
e ZONING/LAND USE
Al (Agricultural Conservation)/ A (Agricultural)
ATTACHMENTS
Report to Planning Commission dated April 26, 1994
BACKGROUND
Brian Anderson is requesting a conditional use permit which would allow him to
excavate approximately 5,000 cubic yards of black dirt from an existing wetland.
The excavated dirt will be kept on site and used to landscape Mr. Anderson's
yard. Mr. Anderson has proposed to excavate a 50' x 144' low land area that is
part of a drainage and utility easement. The DNR, Army Corps of Engineers,
and the Sherburne County Soil and Water Conservation District have been
notified of this request. At the time this memo was written, the applicant had
not received a response from the Army Corps of Engineers, therefore, I will
update the City Council regarding their response, if available at Monday night's
meeting. The details of this request are outlined in the attached report to the
Planning Commission.
e
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Brian Anderson, CUP
May 16, 1994
Page 2
e
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the conditional use permit
and added one additional condition:
. Fencing be placed around the oak trees to prevent damage when the
excavated black dirt is spread throughout Mr. Anderson's property.
STAFF RECOMMENDATION
Staff recommends approval of the conditional use permit request by Brian
Anderson to excavate approximately 5,000 cubic yards of black dirt from a
wetland to enhance wildlife viewing with the following conditions:
1. NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE
WETLAND BOUNDARY.
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.
e
3.
4.
5.
6.
7.
8.
9.
10.
e
SLOPED AREAS SHALL BE PLANTED ~TH GROUND COVER
SUFFICIENT TO CONTAIN THE SOIL. SUCH GROUND COVER SHALL
BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING. SILT
FENCING IS REQUIRED UNTIL THE GROUND COVER IS SELF
SUSTAINING.
FOR SAFETY PURPOSES, THE POND SHALL BE NO DEEPER THAN 4
TO 5 FEET IN DEPTH.
ANY EXCAVATION OR FILLING SHALL NOT DISRUPT THE OVERALL
DRAINAGE PATTERNS FOR THIS AREA.
CONTRACTOR AND PROPERTY OWNER WORK ~TH THE DNR TO
CONSTRUCT A POND THAT IS BENEFICIAL TO ~LDLIFE.
APPROVAL OF THIS RECOMMENDATION BE CONTINGENT UPON
APPROVAL BY THE ARMY CORPS OF ENGINEERS.
THE PROJECT BE COMPLETED IN ONE CONSTRUCTION SEASON.
THE HOURS OF OPERATION BE AS PER CITY CODE.
FENCING BE PLACED AROUND THE OAK TREES TO PREVENT
DAMAGE WHEN THE EXCAVATED BLACK DIRT IS SPREAD
THROUGHOUT MR. ANDERSON'S PROPERTY.
anderson. council
I-\.)
( );
City of "
€ll{~
-,
AGENDA.T"TEM 16
)
MEMORANDUM
@@[pJrJ
TO:
PLANNING COMMISSION
FROM:
GARY SCHMITZ, PLANNING AS7~.
APRIL 26, 1994 ~ . Q
DATE:
SUBJECT: CONDITIONAL USE PERMIT
REQUEST BY BRIAN ANDERSON,
PUBLIC HEARING, CASE NO. CU 94-09
REQUESTED ACTION
Brian Anderson is requesting a conditional use permit to excavate an
estimated 5,000 cubic yards of black dirt from a wetland to construct an open
water pond for wildlife viewing.
SITE ZONINGILAND USE
Al (Agricultural Conservation)! A (Agricultural)
e
ATTACHMENTS
Location Map, Zoning Map, Site Plan, Letter from Applicant, Property
Owners List
OVERVIEW
Mr. Anderson is requesting a conditional use permit which would allow him
to excavate approximately 5,000 cubic yards of black dirt from an existing
wetland. The excavated black dirt will be kept on site and used to landscape
Mr. Anderson's yard. Excavations within wetlands that encompass more
than one property owner must go through the conditional use process. This
will give surrounding property owners a chance to voice potential concerns
about the changing composition of the identified wetland.
e
Mr. Anderson has proposed to excavate 5,000 cubic yards of fill from a 50' x
140' low land area which is part of a drainage and utility easement. All of
the excavated black dirt will remain on site and be used for landscaping
purposes. I have attached a site plan which shows the location of the
proposed excavation area and the location of the fill area. The DNR, Army
Corps of Engineers, and the Sherburne County Soil and Water Conservation
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 . Fax: (612) 441-7425
Anderson, CUP
April 26, 1994
')
"J
Page 2
District were all notified of this proposal. At the time this memo was
written, the DNR and the Soil & Water Conservation District have replied.
Attached is a copy of their response for your review. No permits will be
required from either the DNR or the Soil & Water Conservation District. I
will update the Planning Commission regarding the response from the Army
Corps of Engineers, if available, at Tuesday night's meeting.
e
EROSION CONTROL
It is important to avoid erosion by making sure all disturbed areas be planted
with ground cover sufficient to contain the soil. Ground cover should be
tended as necessary until it is self sustaining, thereby reducing the chance
for excavated material to flow back into the wetland and degrade water
quality. Silt fencing should be used along the wetland boundaries until the
existing vegetation has a chance to take hold.
DRAINAGE
Terry Maurer, City Engineer, did not feel drainage would be a problem as
long as the excavated material would not be placed in an area which could A
disrupt existing drainage patterns. .
SLOPES
According to Elk River City Code, slopes can not be any steeper than 4 feet
horizontal to one foot vertical. For safety purposes, this is especially true of
excavated ponds. The actual depth of the pond should not be greater than 4
to 5 feet to ensure that this pond will be safe in a residential area while
providing beneficial wildlife habitat. The outer edge of the excavated pond
should also be irregular, as this is enhancement for various types of wildlife.
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 excavated material must be removed from the wetland itself.
RECOMMENDATION
Staff is recommending approval of the request by Brian Anderson to excavate
approximately 5,000 cubic yards of black dirt from a wetland to enhance
wildlife viewing with the following conditions:
e
anderson. planning
)
-)
Page 3
Anderson, CUP
April 26, 1994
e
1.
NONE OF THE EXCAVATED MATERIAL IS PLACED BACK
INTO THE WETLAND BOUNDARY.
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. SUCH GROUND
COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS
SELF SUSTAINING. SILT FENCING IS REQUIRED UNTIL
THE GROUND COVER IS SELF SUSTAINING.
4. FOR SAFETY PURPOSES, THE POND SHALL BE NO DEEPER
THAN 4 TO 5 FEET IN DEPTH.
5. ANY EXCAVATION OR FILLING SHALL NOT DISRUPT THE
OVERALL DRAINAGE PATTERNS FOR THIS AREA.
e
6. CONTRACTOR AND PROPERTY OWNER WORK WITH THE
DNR TO CONSTRUCT A POND THAT IS BENEFICIAL TO
WILDLIFE.
7. APPROVAL OF THIS RECOMMENDATION BE CONTINGENT
UPON APPROVAL BY THE ARMY CORPS OF ENGINEERS.
8. THE PROJECT BE COMPLETED IN ONE CONSTRUCTION
SEASON.
9. THE HOURS OF OPERATION BE AS PER CITY CODE.
e
anderson.planning
~
.,
,
I
I
I
LOCATION i
~~
'un. a<<.
I I
I ,
I I
I :
: i
: I
i
i
.
i
~
r-- ..
I
I
zo,TM AV(
l
co ~ IItC 33
~.
. .'. ..."""
:::
2
~
8
\.
LOCATION MAP
~
Ell(
@
W
. .
oh~ CASECU 94-09
'R.
Iver P.o. Box 490 · 13065 Orono P;;kway · Elk Ri~er, MN 55330 . (612) 441-7410.
e
[.
-"')
-...
I A1 h J ...n I
:l
~ I
'"
I
I
I
I /
I I
i I I
I I
I I
I
J "' TN Mt I
Ai
o
I .
~
RiA
~ag
~ ~
ZONING 'MAP
~ F\oodpleIn
!&J ~b.nIt eon-n.lIon
~ Skwpe Family __
~ SIn9le Family ~
lffiSi .$Ingle Family --...
fn!iJ Slngl. F_r ~
IBi!J $lngIe FMnIIJ ~
IBID 1M FwnIr 1IMid~".- -
~ Two FomIr ~
~ T__/M...t~ ,.....,. __.1loI
~ Multlpie Family R..1d4ntl.I
~ PI_ UnIt o...lo\:>ment
(gJ c...tnI ~
[g] Olllce 0Iairict
~~~
mJ UQIIt IncMvlal
[gJ -.. _atrial
~ Sold -.. FadllJ
IAlJ Antenna T_
!MID WIne...1 b:::rt.tlon
CASE CU 94-09
r
I
/
~
.@.
W
.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 . (612) 441-7~20
~-.-!.~ /
;""~...:-:
......
I.~.(.(::...
I .~.\.:.\-.. .
,,'3i:~:-';:' i'..
1 I~~';~': ',' '- ""1
.-::::~1!: Ci.;~' .
! -'.,_.. ''', I' .
~1l~/ ~
'.';". ....
r~!r
\;~G~~:~
, (?~.:::..:. .\.~ . - ....
I .Lir;j:'co I
. .;,~. ~.. ..
I~~t~{' ~
,:!t&%~~:~.~~;'
11"""'~'r.-~'" . .,.,'
. Y~i\~J~!~~~
I .;.. V~.;:~
i ';~~~z;'f.{~,; -.
I :,,'ol_\l."~.(,"~, C .
: !~J;~('~
"':) ..;;;~.. ~ -
i ;11~ ,~
I I.,;" -< ;..- 0 0"1.
i . P..': : " ~. 0;)
, c V)
! -
I 1-. " t
I .
I' .c
I . :>
! I. ~
: I:
-
...
o
z
r. I
~5'
l'r )"'
,...... v'
"':'. ""-- co
,,' .' 1--"
I::~L; 0 C\J
:/. rt') - \0
. i ~i:;~':.: ~ C\J ~
.~~~~ ~
.::.:....; . 5 C ~/7/ 'to ~
l)_ :r 1= f 4" 2 T 03
. . 0'" R=68Jc, J4 ~
0-
c:
~. .' cr
,.,.,
I"'i
a.
~
~
,....:
v
~
V1
-
_. 0
~ ,.~.: ~ .
"'l
'J" .,:.:' W
."'"'. '. '. Z
"-
4U
:1\0:
N
.......
'"
o
W
~
C
-
-
o
CJ
C
c.
..
)
.,
.' . - 'f
(E' )
. ..
-. ~ _...-. ,....!........ .r...' ..
tJ -/31:",- -t _p.,W 0" G",!~, 'tc"f ,I
fc; - Ji't:C"I<1" p",M_a .!fic1..a+
~j YO / /' , 17 I _.
"P;tt.WJ1..//.~ (c.,) .~~ - -
~ ...._,,_,~-..._c.-__..-. _'.' ~ I
li(ttCl/;u;=t4'b tkurY
'.
- ~i1>,
.:;.
~-
...
-
\()
\.Q
\J
.A::J
.'-"'l
\()
"'l
~
0-.
'.
lr)'
~.. '.' .
.'.
~
C\J
-
C\J
!1 c :/4606
C\." L.-14608
"-
-R:226211.
t1: JD42'OO"
to
f'-
C'J
-
C\J
.. - - 20
N2D2/20 HI
I'-
If)
C\J
-
C\J
00'
24028
-'
1..0' .
t..o'
,
.::::~f~~t~
- .,'...
.," ....,....
. ~f<~~
",', ',...
.. ," '-
: ';.-- :-;:.
. .....:.:.:'.(~~:
'. .. .\--
, .., ',!~~~
,....
m
C\J
C\J
-
C\J
I . -~.::....: :~t~j;~tf.
\0 . .' .
\oISTDqr;
I I nc::~c~
. ,'"
e
e
.
~
-1
March 2nd, 1994
Department of the Army, Corps of Engineers
St. Paul District ATTN: CO-R
190 Fifth Street East
St. Paul, Mn. 55101-1638
The land on which the excavated pond will be located on is the edge of
a large ( 30 - 50 acres ) area of lowland. A drainage ditch runs
through the lowland and serves as a boundary or property boarder for
adjoining landowners. The east side of the property boarders the
drainage ditch. The property consists of 5 acres of land with the
front 1.5 - 2 acres made up of a hill. The hill is covered with oak
trees and our home is located in the center of it.
The construction of this wildlife pond should serve several purposes.
The hill, on which the house is built, is in need of fill to complete
the lanscaping plans for the property. The landscaping planned however
would not be complete without the beauty that the wildlife pond would
add. The pond itself would add habitate for wildlife.
Our plan is to construct this pond on the property were the slope from
the hill, which the house is on, meets the wetland. The advantage to
this location is to minimize the cost of constructing the pond, keep
the pond close for viewing, and at the same time can be easily
accomplished without filling or damaging any wetland.
The area behind the planned pond, which I have been reffering to as
wetland, is made up of numerous small trees, bushes, and small areas
of canary grass. Wether or not it is in fact considered wetland is
unknown.
All spoil will be either moved to other areas on the hill for leveling
the yard, or spread on the area between the oak treeline and the pond.
Only the front side ( toward the house ) of the pond would be lanscaped
and non of the spoil would be spread on the back side of the pond.
The pond will be constructed following guidelines outlined by the DNR
for Excavated Ponds for Waterfowl. It will have an irregular shoreline
and a maximum depth of 5 feet.
Sincerely,
Brian K. Anderson
--"-
'\
"")
I
LIST OF PROPERTY OWNERS WITHIN 350 FEET
March 3rd. 1994
Brian K. Anderson 21265 Concord St. N.W. Elk River. Mn. 55330
( LOT 5 Block 1 Greenhead 1st Addition)
Floyd Ell iot 21229 Concord St. N.W. Elk River. Mn. 55330
Doug Lowe 21218 Concord St. N.W. Elk River. Mn. 55330
Steve Murschell 21338 Concord St. N.W. Elk River. Mn. 55330
Gene Andersen 21297 Concord St. N.W. Elk River. Mn. 55330
Buzz Erickson 21321 Concord St. N.W. Elk River. Mn. 55330
Jerry Heuring 21431 Concord St. N.W. Elk River. Mn. 55330
Robert Koski 21461 Concord St. N.W. Elk River. Mn. 55330
David Mergenthal 21268 York Ave N.W. Elk River. !.I[n. 55330
Dennis Lau 21212 York St. N.W. Elk River. Mn. 55330
Peter Flodquist 21304 York St. N.W. Elk River. Mn. 55330
Edwin Leary 21172 York St. N.W. Elk River. Mn. 55330
Tomas Marciniak 12831 Ranch Rd. N.W. Elk River. Mn. 55330
,-) .
-)
e
)
.)
)
")
.')
.)
.
)
)
D
)
')
H)
--