05-017• CITY OF SHOREWOOD
RESOLUTION NO. 05-017
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO PLACE FILL IN EXCESS OF 100 CUBIC YARDS FOR
MARTIN DAVIS
WHEREAS, Martin Davis(Applicant) is the owner of real property located at 26310
Birch Bluff Road, in the City of Shorewood, County of Hennepin, legally described as:
"The following described land situated in the County of Hennepin and State of
Minnesota;
All that part of Lot 2, Section 29, Township 117, Range 23 lying West of the West line
of Manns Addition to Birch Bluff.
Subject to that certain easement as set forth in Book 691 of Deeds, page 334;
Subject also to that certain public easement set out in deed of record in CR Book 446 of
Deeds, page 238, as to that portion of the East 20 feet of the premises lying South of an
extension Westward of the Northerly line of the Paradise Avenue shown upon the plat of
Mann's Addition to Birch Bluff."
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit to place
up to 1200 cubic yards of fill to level off and landscape the above -referenced property; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit to place fill in
excess of 100 cubic yards; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission, Mayor and
City Council dated 2 December 2004 and 27 January 2005, which memoranda are on file at City
Hall; and
WHEREAS, the Applicant's request was reviewed by the City Engineer, and his
recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and
City Council dated 3 December 2004, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 7 December 2004, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 28 February 2005, at which time the Planner's memoranda, the City Engineer's
memorandum and the minutes of the Planning Commission were reviewed and comments were
heard by the Council from the City staff.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
• FINDINGS OF FACT
1. That the proposed fill will not exceed six feet in depth and will be used to level
and landscape Applicant's property.
2. That the area of fill shall be limited to that which is shown on Exhibit A, attached
hereto and made a part hereof.
3. That the slope of the finished grade will not exceed four units horizontal to one
unit vertical.
CONCLUSION
a. The application of Martin Davis for a Conditional Use Permit as set forth
hereinabove be and hereby is granted.
b. The Applicant has agreed to provide erosion control measures as prescribed by
his consulting engineer, a copy of which is attached hereto as Exhibit B, and made a part hereof.
C. The applicant has further agreed to restore the previous drainage pattern at the
low point of Edgewood Road, abutting the property.
d. Final grading shall be subject to approval by the City Engineer.
e. Erosion control measures must be in place prior to filling.
f. That the City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of
Titles.
g. All work is to be completed by August 31, 2005.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 28th day of February,
2005.
ATTEST:
L�
WOODY` ,OVE, MAYOR
-2-
A REMOVE EX. RIP RAP, RESTORE
i i n
• I A l A I r T v A� EX, 100-YR FLOODPLAIN SHORELINE WITH RIP RAP AT
1 ty t I ELEV=931 &I MAX SLOPE TO MATCH
r EXISTING TOP OF BANK.
1 A W OHWL-929.40 ff
41
REMOVE EX, RIP RAP. RESTORE WATERS EDGE As
• SHORELINE WITH RIP RAP AT .1-L AA 9D069
3:1 MAX SLOPE TO MATCH 1
EXISTING TOP OF BANK,
EXISTING 931. 1 11 it
OIiWL=929.40 (
CONTOUR♦Zw I I
4i
0 ♦
11 zt 0 wit
I I I
to li
9 r BIRCH12
i 1
' WETLAND - //�r /qti• / '/ / 40 ♦ i • `/ 1 ? `
5.045 S.F� /r/ / /n� '/r Quo• d;c I' //1 ✓ j9. % I ( ° 16.8' WETLAND BUFFE
WE
\ 16
.5' WE)tAND BUFFER /' % /// '/ �a] 207f s.F, /�, i (°
12
i
P
1.r
`'.
�// I!•!'/ r�4]S .'1��� �9 \\`w-9s=_�' aY� / i
`_ "s! \\ /q / •�'y / �/ �/ / ONE STORY
\--� 941.60
/fe• OW 1
POOL / ,,''i •';94+�\ )Il (/ '� a / /
9 >\ , i 4r / ASPH'
.9 CONS'
( „� �� •,� �'� _:� WALL .•� ' �� ,1 1 :: ,. �/
r.N'`�•:` -, •�;; � .. Tr 1, I a//IC;sI .. fl1C.. i+� �• /
27 26. OAK �ry �,�•; �. vkNQ 1 . / /
26. OAK & 1
e' ELM
16 1 AKWALL \ aw '.'>:I ; .i1i• J /
y/ � /q"p y"'
tr uAPLE I III II .. If
�( "• r �" / /• 1 I l (ICI II / /
-( /�16, PINE 019 16 11- BASSWOOD f OR 2� OAKIf IF
j?� % • // I ( I I Y I I ? / /
\ r.. a ;,:•.'doh e� •ivy- — — — — — I ( hJ/om
°
1 I i•; �.-,,••,+;'• /?S•!..:/•..� .�•_� 1 (' , � ', .�aD• OAK ,a- aPK�( j A / 11 I .';�"
`::v i Y �' / WF:es&ems+ \ / / P0411r,
111/�I1_'�4,,�/oAx : ( • oA 1t�.9 f
( 'r::� • k, ,`. j`F. ':',,. l.};"y.•M11 ^,'.: •!'T't/:'•�;; /° / OAK
27' ASH
ts• OAK � : ''• :+.' ' ;_`L .. ,. :�•>.. a ^•` f 1 �
J "' '• . >; <' ' :1 86.5' �IETIAND BUFF _ / 1 I ; y 11 /' xf•3 1
1A5 1 '..T;:,.',.'•••i,FP,'•� •1.'Y:' `a.:'u,.ar•,':•� I—937__'g.T6
VMS two ,•.`;';1 \ �—� I I ( I .diN/ rlZ?,F�'� I
•WOOD t�, :., i .••i••ti �, � •'� ;.•.� . �'• .;.::'::� I L1 ! WETLANa\\' I �{, IiPA / ma V / m'
:. e;: •. ,..•S.r ' o.: .... :1 ..; :._.. / V / 2,8401S.F.
9�6`�`%ry �`..i�:.*:.:•'�''•s��•4�j::f'•..:•'4" .s:"".� /_'�. �\ p3g./ i � ♦ �� 1 \'�T\ I\l�.• /
935
�937_( (;s`� Yi,:'• �. t, ,�i':•.' :".i•:': ...•,,.::.. I , ' / �1/ /I 1111111 1vzS' 3�e'`'
� �e•Pe ;� � � _=938=937— �=�'y�-------9 / � A -// e'��I� 11 ,�rN..�' r� •'
rnnC uinnn �-PnAn
LV\7 L. PIV\/V 1\Vr�U
— — — v Exhibit A
1 n %2
h l v v C_ _
_ n
is
•
4+ 203 LITTLE CANADA ROAD
SUITE 280
SAINT PAUL
MINNESOTA 55117
TEL: 651-490-926 6
FAX: 651-490-9265
/PROFESSIONAL ENGINEERING CONSULTANTS
INCORPORATED
January 26, 2005
Mr. Brad Nielsen
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Subj: Davis Property
26310 Birch Bluff Road
Shorewood, Minnesota
PEC #6501
Dear Mr. Nielsen:
C17y
oFSHCR�wo
�Q
This letter pertains to the proposed grading plan enclosed, which
has been prepared by James R. Hill, Inc., and is dated October 25,
2004. We visited with you at your office and met with Larry Brown,
your City Engineer. Troy Livgard from James R. Hill, Inc., and Mr.
Davis and I discussed this property with you on December 15, 2004,
at your office.
At our meeting you had two concerns with respect to the grading
plan and one concern in general:
1. The proposed grades identify
north of the existing house
the existing ground surface.
a 33" Maple and a 39" Ash tree
as receiving earth material over
2. No riprap was identified as being placed at the outf all of the
existing culvert at the west side of the intersection of Birch
Bluff Road and Grant Lorenz Road.
3. Your general concern was that the depression in the property
south of the guest house and north of Edge Wood Road continue
to serve as a detention ponding area for runoff and storm
events from the Edge Wood Road existing roadway area.
Mr. Davis requested that I provide you with this letter and the
notation that covers your above concerns:
Exhibit B
• page Two
1. Prior to any placement of earth materials for the grading
activity, flagging will be installed by our office at the drill
line for these two trees, and no earth placement will be -
performed within either drip line. This will require warping
the grades in the vicinity of these two trees and lowering tb.r,
new grades to accommodate this protection. It will be easier:
to do this in the field then keep revising in the grading plan
and at a lower cost.
Z. A' simple 8' diameter placement of 4" to 6" size riprap over a
single layer of geotextile will be installed at the outfall of
the existing culvert extending west from the Birch Bluff -
Grant, Lorenz intersection. This riprap will have a bowl shape
and will be approximately 8" in overall thickness, with a
uniform rim to encourage dissipation of discharge from the
culvert. There does not appear to have been any erosion from
the existing condition, but this will provide further
protection.
3. The basin area south of guest house which is presently
surrounded by silt fence will not be diminished in size or
filled -in in any manner. There is still some old fill material
• situated in the east portion of that basin, which would be
removed during the seeding operation this Spring. In addition,
a small concrete spillway could easily be added between some
of the perimeter shrubs so that shoulder drainage would not be
a problem for the roadway.
Mr. Davis said that he does not want to get into conveying an
easement, but will not inhibit the historic drainage which has
been occurring for many years. This Spring and Summer, we will
conduct a small hydrology study of this basin. It is our
tentative opinion that this basin does not satisfy the
hydrology requirements by natural means in order to meet the
criteria for identification as a jurisdictional wetland.
Regardless of whether or not it ultimately satisfies wetland
requirements, Mr. Davis has assured us and you that the City
can continue to rely on this basin area for
protection for the roadway.
Last Fall, Mr. Davis requested the earthwork contractor to remove
any and all fill material from wetland areas, in accordance with
the order from the Watershed District. In.addition, Mr. Davis had
placed silt fence around a buffer zone for the wetlands. The onl.,
item left on the Watershed District order was to seed the property
beyond the wetlands this Spring. After that work, the Watershed
District will make periodic visits to observe the "greening up" of
• the property.
0 Page Three
Mr. Davis has asked me to assure you that he will keep protection
of roadway drainage foremost in his min(] . He certainly -
want to cause harm to the mature trees on his site,- trees which
truly are majestic and valuable. If you have any further concerns,
Mr. Davis will do his utmost to incorporate your suggestions in arty
future site work.
Respectfully,
Professional Engine ng consultants, Inc.
Brian R. D/e, P.E.
President
�4r��O15TERFG`
:PROFESSIONAL:
9798 "Q
•