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HomeMy WebLinkAbout2004-04-14 OPH Ltr to Molly Shodeen of MN-DNRCity of Oak Park Heights 14168 Oak Park Blvd N.• Box 2007 • Oak Park Heights, MN 55082 • (651) 439-4439 • Fax 439-0574 April 14, 2004 Ms. Molly Shodeen Minnesota DNR 1200 Warner Road St. Paul, MN 55106 RE: Sunnyside Marina Dear Ms. Shodeen, Cc: Weekly Notes Jim Butler, Building Official S COTE Richards, NAC Mark Vierling , City Attorney If 1 can answer any further questions p - gards, Mr. Jim Butler, the Building Official for the City has asked that I provide some possible clarification regarding the replacement of the gas station facility at the Sunnyside Marina. This facility is located on a separate dock lying north of Dock #1 and approximately 150' feet from the shoreline. 1 have the following comments: 1) The City does not have jurisdiction to review the placement of a gas station riverward of the St. Croix shoreline 1 below the ordinary high watermark. It appears that this project certainly falls within this description. Accordingly the City cannot issue a use-permit for such facility. However, the City does insist that the structure be compliant with all Minnesota Building Codes. Should you wish the City to inspect for such compliance we would charge the City's standard rate. 2) The City has however issued to Sunnyside Marina a Conditional Use Permit 1 Planned Unit Development for such operations on Sept 26 2000. This included the placement of a "fueling dock" - see item 5. Therefore, should the DNR maintain that Sunnyside receive some form of CUP for this project, the minutes showing such Council approval it is attached for your file. ric Johnso City Adm ator vIvelyftite,1%.0..-.. NORTHWEST ASSOCIATED CONSULTANTS, 5775 Wayzata Boulevard, Suite 555, St, Louis Park., MN 554/16 Telephone: 9525959636 Facsimile; 15 6 9837 nacg Y if ■te , Ie ico 1 MEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: September 18, 2000 RE: Oak Park Heights - sunnyside Marina: Conditional Use Permit 1 Planned Unit Development FILE NO: 798.02 -00.10 Please be advised that the Planning Commission, at their September 14, 2000 meeting, unanimously recommended approval of the conditional use permit 1 planned unit development amendment (CUP /PUD) to allow reconstruction of the existing marina on the St. Croix River. The subject property is located at 6413 St. Croix Trail North and is zoned R -3, Multiple Family Residential District. The amended PUD and conditional use permit is required in that private P marinas and boat storage facilities are conditionally permitted in the R-3 District and CUPs are required for development in the River Impact District. Representatives of the Sunnyside Marina were available at the meeting to answer the Planning Commissioners' questions. No neighborhood or residents of the adjacent condominiums were present at the public hearing. The Planning Commission recommended the CUP /PUD for the project with the following conditions: 1. The CUP/PUD approvals are granted based upon the five year timeline for ro ject P � completion. No additional amendments are required unless the site P lan or timeline is substantially revised. 2. The applicant will work with the Fire Chief on locations for fire protection stand pipes on ill of the new piers and docks. The applicant will secure, and remain in compliance with, all necessary City, State, and Federal permits, 4. All excavation and shoreland stabilization as part of this project shall be completed as per the DNR permit and specifications for construction. The a pplicant must submit all plans and specifications for the fueling dock to the City Buil ■ ng Official for his review and approval. pc: Kris Danielson r. VL New Business: A. Ci Hall Parkin ' Lot Entrance During, General Election City Council Minutes September 26, 2000 Page 3 of 5 Administrator Melena reported that some voters inquired during the Primary about opening the one way entrance to City Hall during the General Election. Police Chief Swanson recornm.ended against opening the one way entrance to two way traffic, citing safety concerns. Councilmember Swenson, seconded by Beaudet, moved to maintain the one way entrance as a one way street during the General Election. Carried 4 -- D. B. Sunnyside Marina CUPIPUD Planner Richards provided an overview of the request and related the Planning Commission recommendations. Richards noted that this request has received DNR. approval. Councilmember Beaudet, seconded by Mayor Schaaf, moved to approve the Sunnyside CUP/PUD request with the conditions noted on the Planner's report. Roll call vote taken. Canned.4 --0. C. Mandt Side - Yard Set Back Variance Request Planner Richards reviewed the request and related the Planning Commission's recommendation to deny this request. Councilmember Swenson, seconded by Turnquist, moved to deny the Mandt variance Request. Carried 4 — O. D. Zoning Ordinance Arn.enc ments: Establish a Publicllnstitutional_D Planner Richards reviewed the proposed ordinance and related Planning Commission recommendations. Councilmember Turnquist, seconded by Swenson, moved to send this item back to the Planning Cow scion for notification of proposed changes to be sent to all affected parties and further review of the proposed changes with the affected parties. Staff is directed to provide a cost estimate for implementation of the proposed changes. Carried 4.0. E. Community Fitness Partners Request for Map Funding Jean Streeter, Washington County Public Health presented request for funding to print maps of walking trails in the Oak Park Heights /Stillwater area. Meeting Date: Agenda Item Title: Time Required: Agenda Placement: Originating Department /Requestor: Requester's Signature: Date /Time Received Line Item Administrative Recommendation: Approve Deny C omments : Oak Parlz Heights Request for Council Action September 26, 2000 nnys icle Marina CUP /PUD 5 Minutes New Business Communit Development City Administrator/Date No Recommendation Approval with Planning Commission Recommendations Action Requested Background/justification: As indicated in the attached Planner's Report, the Planning Commission held a public hearing to consider a conditional use permit /planned unit development for Sunn Marina. The Planning C y ommiseion voted 4 - to recommend approval of tki.s development application financial Implications Budget Budgeted: Yes No Funding: Lev Other S AS HARED \Forms \CO UNCIL ACTION R.EQUE ST.doc ra jinn E3 From. Molly Shodeen {molly.shodeen a@dnr.state.mn.us] Sent: Wednesday, March 31, 2004 7:43 AM To: s.marinacomcast.net Cc: Jim Butler Subject: Re: sunnyside gas dock Don, We reV1eed the file and the gas dock shown on the plans (May 2000) . w authorizing the dock replacement shows a 20' gas dock without a structure on it In order to receive approval to change the dock from what was approved is to apply for an amendment ($75) . It is not likely that we would approve a 38' wide' gas dock. You must show that you are minimizing your occupation of Public Waters. DNR rules lilmit the size of docks to 8' width. We could approve a wider dock if it can be justified. In order to approve the structure on the dock, we would need documentation of the old structure, both size and the dates of its existence. We would also need a resolution from the City Council approving of the structure that identifies size, dimensions, faciltilies pp g etc. The city will also need to amend their conditional permit to approve this structure. The structure meets our definition of "boathouse", and as such, must meet the regulations that were legislated in 1996. a » »» "Don Gussler" <s.marina @comcast.net> 3/29/2004 4:44 : PM »>» Molly: I understand the inspector from Oak Park Hgts contacted you about the replacement gas dock. Is there a problem`s t and nearly the The dock is being replaced with the exact same footprint y same dimensions for shack (16x24) with a small covered porch area(16x4) . the old building was 16X26. Everything is being done to code with Griffin doing the plumbing (permit y g was issued by Oak Park Hgts). The electric is being done by Donnelly eclectic who put in the new safety system originally and has done the electric here for many years. The pump is being replaced as original with the addition of a new second pump-out. Molly, hear there is meeting tomorrow at your office at 8 :30, 1 would yr like to be there to answer any questions that you or Jim Butler might have. I have tried repeatedly to talk to him but he won't return calls. I will be there if you object. Thanks, Don Gussler 04/09/2004 14:31 6517727977 • Date: To: — 5A1-", Location: Fax: Messoge: DNRCENTRALREGION iNR CENTRAL REGION HEADQUARTERS fax transmittal form 1 200 Warner Road Phone: 651 ,772,7900 st. Paul, MN 55106 Fax: 651 ,772 7977 From: Fax: 651 .7723977 Number of Pages (including cover): DNR lnformafio 651.296.6157 ti 1.8886466367 1T': 651 ,296,5484 - 1.800 657,3929 PACE 01/05 0410812004 14: 31 ..,.r..rt a ln0010'.,. .11, . . t w .,. . • �s'1 �W. • •� • •r •.. • ■r .. i kP 'ii !�l • y • •' i. ri"� A � . r ti��l. • •' ' ` • • w ��q 7�.'. . r . , 5 '. Fri• �w.A+. • s r ■rs. , 8517727977 '..�� . . 1, .2% i h • • �7 "2 V , p , /w•/� „ 5 s ys G G 1 C Kill Q � •, 1 : ) . 1 u C Q a �M R. Ir► /Y y �y ++�� 1i. r". ~ w I = r d; f x ifl1 4 . ° E4 . .NO d'"• Q ' 4 • Q' u c'7 n re, b . ,� 1 11 • , fi r a A 2 . G 0.41.g .` ,� ' r .G •" !' • `� C7 0 1 M r.+y r �y .•� �1 _ ,� �"Y L.1 r2 .�Aa i w .h srr 4 t` K .1 .4 -;; 2. u " g '' ,+? �}, o ,,s ,� , v L'118 2 ' g . , 7 , . 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A E i r.i QRt � Y1 � w z ra w rK � ... Ci --).5-2:-.:,t5,-E '''ti w � a+ .. � ,g �• 43 • * z '� '� u ; 'CS C] .•.. =*f a" v {7 � ] � � i,i� ti v . 0 � 1 � as .,1 Cam' , w y r•' u U E a „s + a C,, • g r5 v c.5.'d ° a oro .9 ti z B. a . c t J.?. '4 ‘.5 .. C 5 a DNRCENTRALREGION PAGE 02/05 04/0E3/2004 14:31 6517727977 DNRCENTRALREGION PAGE 03/05 j.)6L5 r4,4k2A,c,z_ vctd, Lj \) 0„r\ cA.k (N—st..„ q„,‘„J--c0.%)1 ) • e\k - c c,-(k 503.02. A vegetative cutting permit is not required for the following provided the existing quality, character, density, and canopy is maintained as viewed from the river: (1) Clearing for a validly permitted structure, septic system, roadway, and parking areas. (2) Maintenance trimming or pruning on a particular parcel or in transportation or utility rights-of-way. 503.03. Grading and Filling. Grading, filling, excavating, or otherwise changing the topography landward of the ordinary high water mark shall not be conducted without a grading permit from the Community Zoning Administrator. . A grading permit may be issued. only (1) Slopes greater than twelve percent (12%) (twelve feet (12') vertical rise in one hundred (100) horizontal feet) are preserved to the greatest extent possible. Earthmovingi erosion, vegetative cutting, draining or filling of wetlands, and the destruction of natural amenities is minimized; (3) The smallest amount of ground is exposed for as short a time as feasible (4) During construction, temporary ground cover, such as mulch is used and permanent ground cover, such as sod, is planted upon completion; (5) Methods to prevent erosion and trap sediment are employed; and (6) Fill is stabilized to accepted engineering standards. 503.04. A separate grading and filling permit is not required for grading, filling, or excavating the minimum area necessary for a structure, sewage disposal system, and private road and parking area und ;,en pursuant to a validly issued building permit. (2) 504. Conditional Uses. 504.01. Conditional uses are uses which normally are not permitted in the urban or rural districts of the St. Croix Riverway unless it is determined by the governing body, after a public hearing, that the proposed use shall: (1) Preserve the scenic and recreational resources of the St. Croix Riverway, especially in regard to the view from and use of the river. (2) Maintain safe and healthful conditions. (3) Limit erosion potential of the site based on degree and direction of slope, soil type, and vegetative cover. , - • - • ic• • 04/08/2004 14:31 6517727977 DNRCENTRALREGION 504.02. Urban District Conditional Uses. In urban districts of Ordinance, existing zoning districts in effect and uses this ord�,n � K 1974 by the 'Community may again be permitted, permitted an May 1, y Ordinance e by the governing provided the use has been listed in the p body and has be en approved in writing by the Commissioner of Natural, Resources. 504.03. Rural District Conditional Uses. In the rural districts this win may be permitted as cond.i ti onal of this Ordinance, the following uses ma uses. Governmera t resource management and interpretive activities. Marinas between the Booms i to Highway Wayside .and the Northern Boundary of Stillwater. Governmental highway waysides, rest areas, information areas, and scenic overlooks 505. prohibited Uses ` stricts within the St. Croix Riverway, the 505.01. In all districts following new uses or expansion of existing use s shall be prohibited'. (1) Sand and gravel operations. (2) Junk yards (3) Mobile home parks. (4) Downhill ski. areas. upstream from the Boomsite to Highway' Way's ide ' and (5) Marinas upst a downstream from Stillwater in rural districts. (6) All uses not authorized in the local zoning ordinances. 5O6 Nonconforming Uses. 506.01. Uses which are prohibited by this Ordinance but which are in existence prior to the eff , ee tive date of this ordinance shall be nonconforming ' uses and may continue as lawf ul l , nonconf ormin, not be intensified, enlarged, � Such uses shall � d, or expanded beyond the permitted or delineated boundaries of the use, activity, or reclamation plan as stipulated in the most current permit issued � prior' the adoption of this ordinance. 12 PAGE 04/05 replai ; PaRIM �.r of Co as 4 10 04/138/2e04 14:31 r ,T•r,'r M :C �.,`� �� � Rxl •'�,' �. ...,• 1 • • r.. r '.1 • .n a r r .i ;GI 714 j , DNRCENTRALREGION 18 3 5 12 . 1 � 4 L ��qq�'k • t'OSn. fl . `;..1.��lihi . Wi � } (a) the arca is zoned for such use or the loco] government land use authority grant a land use permit; and (b) the marina is sized consistent with the demand for mooring facilities in th area and the number of watercraft to be served. Subp. 5, Retaining Walls stnd erosion and sedilr ent. lion control structures. A permit is required for the construction or reconstruction of all retaining walls and erosion and 5edimentation control structures that do not impound water, The construction of rctaining walls is discouraged because their appearance is generally not consistent with the natural environment and their construction ,and maintenance cost is generally greater than riprap, The issuance ofperrni s is contingent on the following conditions: A, existing or expected erosion problems preclude the use of riprap shore protection, there is a demonstrated need for direct shorelsnd docking., or the design is consistent with existing uses in the area. Examples arc: rivcrfront commercial- industrial areas having existing structures of this nature, dense residential shoreland areas where similar retaining walls are commons, resorts where floating docks may be attached to such a:bulkhcad, or where barges are utilized to transport equipment and supplies; B. adequate engineering studies are perforrncd of foundation conditions, tiebacks, internal • drainage, construction materials, and protection against. flanking; C. tlic focihty is not an aesthetic intrusion upon the area and is consistent with all applicable local, state, and federal management plans and programs for the water body; and D. enc:raschrnent below the ordinary high water level is hl-ld to the absolute minimum necessary for construction. Subp. d. Boat launching ramp. A permit is required for the construction or rcconstSuctton of any boat launching ramp not covered under part 6115,021 f1, subpart 4, ibm B, and shall k 133 if: A. the applicant demonstrates armed fora launching facility; S+ the proposed ramp is of the minimum dimensions necessary for launching of watercraft; C. the proposed ramp does not obstruct flowing water; and I. construction dots not necessitate alteration afshorcland that could result in substantial erosion and sedimentation. Subp. 6a. Boathouse. A permit is required for the construction, reconstruction, relocation, removal, or repair of a boathouse. The permit sball panted if the following conditions are met: A. the boathouse is located in an area of historic boathouse use "Historic boathouse use shall be determined by the commissioner and shalt be based on .a review of factual information such as photographs, local government comments, newspaper accounts, or outer relevant info t - tion; ` c boathouse is approved by the local unit of government by means of a resolution with . su • , citing documentation that identifies the owner, length. width, height, number of rooms, and sanitary facilities of the boathouse; and r C. thc boathouse was ideated on public waters before January 1, 1997. Subp. 6b. Energy exchangers. A perrn it: is required for the Construction, reconstruction, relocation, or repair of enemy exchangers located on the bed of a public water. The permit hail be granted if-the following general conditions and the additional listed speciie conditions arc met: A. there are no other feasible and practical alternative sites for the prof ct that would have is environmental impact; B. a closed loop design is utilized; C. the facility is designed in accordance with sound engineering practices; D. thc facility is not located in a designated trout stream or lake, a designated wild and scenic rivet, or an outstanding resource value water as defined in part 70.50.0180; E. the facility is designed in a fashion and located so as not to causes navigation hazard; E. the facility will not exceed more than a minimum encroachment, change, err damage to the environment, particularly the ecology of the waters; t' +. c rf 4 1. ii !i �irs� t ' �r =:��[�R Y ~ � � � � PAGE 05/05 13 it di z Pt Pr re be •e. wi • c AG strt Par par put: 611