1994-11-07CITY OF MENDOTA HEIGHTS
DAROTA COIINTY. MINNL�SOTA
�PECIAL CITY COIINCIL MEETING
AGENDA
November 7, 1994 - 7:00 P.M.
1. Call to Order
2. Roll Call
3. Discuss Werthauser Building Permit
4. Adjourn
Auxiliary aids for disabled persons are availsble upon
at least 120 hours in advance. If a aotice of less t
hours is received, the City of Meadota Heights will mak
attempt to provide the aids, however, this may aot be p
on short notice. Please contact City Admiaistration'',
452-1850 with requestso ',
: equest
ian 12 0
e every
�ssible
it
�E �
CITY OF MENDOTA HEIGHTS
November 3, 1994
TO: Mayor, City Council, and City Adminis
FROM: James E. Danielson, Public Works D' tor
SUBJECT: Werthauser - Building Permit Review
ffiSTORY•
Mr. Art Werthauser owns a single family lot in Mendota Heights at 1024 Sil
Memorial Highway (Trunk Highway 13). This 1ot was previously owned by Shiely
Gravel. Shiely used the lot as a borrow area for fill and when they sold it, they left
rough, irregular land form. Volunteer trees have grown up since Shiely completed
and sold the 1ot, leaving the lot wooded with cottonwaod, boxelders, elm and other
desirous types of trees. Mr. Werthauser has owned the lot for appro�rimately seven
has also proposed to caoperate with a development of the larger lot to the east in a�
construct townliomes. That proposal was rejected by the City and Mr. Werthauser
develop the lot with one large, single family home.
Lot Line Boundary Problems
The Werthauser's lot together with the surrounding lots are plagued with sui
and boundary disputes. Mr. Werthauser and his neighbors to the west both have re�
surveys that I have seen. Mr. Werthauser's home location is shown to be setback G
from his survey line. The Moores contend that their east lot line should be further E
have not seen any evidence to support that claim and I believe Mr. Werthauser's ho
to be correct for all possible lot line scenarios. The attached site plan shows that th�
falls rig�t through the Moore's home when Dakota. County's quarter section map is
superimposed on their contour map.
Draina�e
Sand and
itina
heir work
years and
;nture to
�nted to
enors
�st, but I
se location
lot line
The Moores and the Hills, the two homeowners, located to the west of the V�erthauser
lot have made us awaze of a long standing groundwater problem with their homes.
concerned that the Werthauser development will make this problem worse. City sta
performed a survey of the yards, and that survey concludes that Mr. Werthauser's s
water drainage, if properly handled, will cause no increased water problems for the
the Hills (see attached site plan).
has
are
or
Mn/DOT Driveway Permit
Mn/DOT officials have contacted me and confirmed that Mr. Werthauser
for his needed driveway permit.
I�il Quantity
Mr. Werthauser stated at the Planning Commission meeting that his develop
required approximately 1200 cubic yards of fill. He recently told me that was an e.
"compacted" fill. The Moores contend that enough 10 cubic yard tsucks have arrive
in excess of 2200 cubic yards of fill. Trucks deliver loose fill and there is a 30-40 9
factor when this fill is compacted. The City's Ordi.naace is silent as to whether the
yard fill threshold is for loose or compacted fill, in aay event Mr. Werthauser's pro
exceeds the 400 cubic yard threshold.
DISCUSSION:
Mr. Werthauser recentiy approached the City with a site plan to request a pe
constxuct a single family home on his lot located at 1024 Sibley Memorial Highway
receiving the request, the Code Enforcement Officers realized that the development
the Mississippi River Critical Area and instructed Mr. Werthauser to meet with the
Planner for consideration of that permit. At the meeting with the planner the main
discussion were, steep slopes, retaining walls and home location.
Steep Slopes
There are some areas of very steep slopes on the site, however Planner
determined that upon review, none of these slopes exceeded the ordinance req�
prohibiting development.
Retaining Walls
The originai plan showed an eight foot high retaining wall. Mr. WerthauseY
informed that the Critical Ordinance prohibited walls in excess of five feet. The or�
�
daes al�w for terraced walls if spaced at least twenty (20) feet apart. It was also �
the wall material was proposed to be of a"Keystone" type block. This type of wall
construction was not available at the time of ordinance development and therefore n
addressed in the ordinance. It was determined at the planner's meeting that, becaus
lateness of the season and because of Mr. Werthauser's desire to begia construction
fall, he could adjust his plan to totally conform to the ordinance and allow for consi
the City Council of a"Modified" site plan that required no CAO variances. He ind
he would then prepare a second plan that allowed for a terraced wall with less than �
faot separation and apply for the appropriate variance through the Planning Commi;
applied
mate of
to deliver
shrinkage
DO cubic
nit to
Upon
as within
for
was
�
that
of the
et this
;ration by
ated that
�enty (20)
Home Location
Mr. Werthauser's home location on the lot was analyzed and determined to
best location on the lot for the following reasons:
1.
2.
The existing homes have already established a setback.
at the
The e�cisting grades of the lot only had one relatively flat area where (a home
would fit. �
After the planner's meeting I wrote a staff report and placed Mr. Werthauser's request
on the City Council's consent agenda as provided for within the CAO Ordinance's Provision
2.3C, as amended by Ordinance Revision No. 175. This method of review is also �
conformance with the City's past practice. �
Planning Commission Review
Mr. Werthauser, as he had indicated in the Planner's meeting, also made a�
for a CAO variance to allow for a terraced wall with less than twenty (20) feet of
This variance was considered at the October Planning Commission meeting. Duri�
discussion Mr. Werthauser was asked what quantity of fill was required for his prc
resgonse was 1200 cubic yards. At that moment I realized that a Conditionai Use
Land Reclamation should have been processed. The Planning Commission went o
unanimously to recommend denial of the wall separation variance request. Mr. W
then withdrew his request and the application never went to Council.
The da.y after the Planning Commission meeting I hand delivered a letter to
Werthauser putting him on notice that he was operating under his own risk if he co
fill pending City consideration of a fill permit (see attached). Mr. Werthauser has
to fill.
the
�t. His
rmit for
o vote
to
Based upon the City Council issuing him a CAO, Mr. Werthauser commenckd work on
the project and executed contracts to complete the filling necessary to begin constru�ting his
home. Should Mr. Werthauser have to void these contracts there will be some cost to him.
Mr. W�rthauser has now consulted with Mr. John Bannigan, his attomey, and it is �eir
feeling that those damages would be in the neighborhood of $30,0(}0. I
The only problem with Mr. Werthauser's application is processing, the City
process a CUP for land reclamation. Accordi.ng to the standards within the CAO (
there has been no damage caused to the bluff line or the critical area in any way. ]
Werthauser's fill only replaced fill that existed there once before and was removed
Corp., the previous lot owner. Aesthetics does not appear to be an issue. Mr. We�
home is of a pleasing design and he intends to revegitate and landscape the site wh�
existing undesirable trees and vegetation have been removed for the construction.
not
fact Mr.
� Shiely
the
The only concern appears to be drainage, and Mr. Werthauser's site design
be one that will accommadate the drainage from his lot and his neighbors without a
to his neighbors. In discussions with him he also has agreed to correct any drainag
should they arise.
Possible Courses of Action
1. Withdraw Mr. Werthauser's building permit contingent upon him
Conditional Use Permit for land reclamation.
2. Take no action, and allow Mr. Werthauser to continue to construct
subject to him agreeing to take whatever reasonable measures nece;
cause his neighbors, the Moores and Hills a drainage problem.
RECOMMENDATION:
It is my opinion that because the City has issued Mr. Werthauser a building
would be in jeopardy for a damage claim should that permit be withdrawn at this p�
only issue is that of processing a CUP for a Land Reclamation permit and the only
within that process that could be an issue is the one of the "fuushed grade not adve�
affecti.ng the adjacent land" (drainage). (See below for Ordinance standards to be i
Reclamation). It should be a condition of the CUP approval that the drainage of th
constructed so as not to adversely affect the Moore and Hill properties, and that if 1
be a problem, the appropriate corrective actions he taken.
ACTION RFAUIRED:
Review the possible courses of action and then if Council desires to imple
recommendation, take no action. Mr. Werthauser will then continue, at his own
construct his home subject to any modif'ications that may occur as a result of his ;
a Conditi.onal Use Permit for Land Reclamation.
r
1
4.12 � LAND RECLAMATION
Under this Ordinance land reclamation is the rE
of land by depositing of material so� as to ele
grade. Land reclamation shall be permitted o�
conditional use perm�.t in all districts. An�
parcel upon which four hundred (400) cubic yard�
of fill is to be deposited shall be land rec]
The permit shall include as a condition ti
finished grade plan which will not adversely af
adjacent land, and as a condition thereof shall
the type of fill permitted, program for rodent
plan for fire control and general maintenance
site, controls of vehicular ingress and egress,
control of material dispersed from wind or ha
material to or from the site.
�pears to
y damage
problems
ivin� a
home
i not to
it, we
The
;t of Land
site be
ere should
:the
to
cation for
�ate the
ly by a
lot or
of more
amation.
ereof a
Eect the
regulate
control,
of the
and for
xling of
October 26, 1994
Mr. Arthur Werthauser
1357 5outh Prior Avenue
St. Paul, MN 55116
Dear Mr. Werthauser:
C i y o�
1Viendota Hei � hts
At last evening's Planning Commission meeting (October 25, 1994), it was
that your new home being conshucted at 1024 Sibley Memorial Highway is requiri
cubic yards of fill. The City's Zoning Ordinance allows for up to only 400 cubic �
without a Conditional Use Permit for filling.
The Planning Commission directed me to bring this issue before the City l
their November 1, 1994 meeting to determine whether or not you should be requi
through the process of obtaining a fill permit before continuing. I therefore must
you discontinue filling until after that determination by City Council. Be advised
additional fill bmught in by you after this notice may be required to be removed �
Couacil decision. Thank you.
Sincerely,
James E. Danielson, P.E.
Public �Vorks Director
ncil at
to go
uire that
: �y
lin� the
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850