Agenda - Council - 05/13/2003 - Laserfiche WebLink

Home

· CONSIDER SETTLEMENT OF MINING AND GRADING VIOLATION By: Steven J. Jankowski, City Engineer Background: In the fall of 2000, two property owners residing at 8981 and 8991 - 160th Lane undertook the excavation of a man made pond located in their rear yards. The spoil material from this pond enhancement was placed on the northerly bank of the pond. City code requires a mining and grading permit for any excavation exceeding more than three feet in depth, fill greater than two feet in height, or moving more than 400 cubic yards. This excavation greatly exceeded all these threshold parameters. The excavation was done without the required permit, and the spoil placement was objectionable to a number of neighboring properties. In addition, this spoil material was placed up to forty feet beyond property line onto an outlot owned by Northfork, Inc. This spoil matbrial as it currently exists is objectionable to Northfork Inc. Rather than prosecute the ordinance violation, it was suggested that the residents apply for a condition use permit for the mining and grading that occurred. The plan which was submitted by the property owners essentially represented the post excavation conditions. This was found unacceptable by the Planning Commission which recommended a denial action to the City Council. The City Council tabled action on this in November 2001 to allow to facilitate an acceptable solution to this issue. Staff advised the property owners in April that Northfork was agreeable to allowing the use of the 80 foot wide outlot for spreading out the volume of the material to reduce the steep slopes of the spoil, which was one of the chief objections to the existing conditions. After the City requested on several occasions that the property owner declare this intent to the resolution of this issue, a letter was sent by the City Attorney's office declaring the City's intent to pursue a criminal trespass complaint. On May 7, 2003 the property owners submitted a grading plan which substantially conforms to that suggested in April 2002 in that it utilizes the area of the outlot to reduce the slope of the spoil material to a maximum of 12%, which is cited in the mining and grading ordinance. The submittal provides little additional detail. Recommendation: Staff recommends the City enter into an agreement with the property owners as an alternative to pursuing legal action. The elements which should be included in this agreement is as follows: i . (1) The following survey work shall be performed prior to any construction the north line of outlot B shall be stated along with the easterly line of the Jacobs property and the westerly line of the Van Norman property. A benchmark shall be established within 100 feet of the existing spoil pile, outside the proposed grading limits. (2) Silt fence shall be placed five feet inside the boundaries of the grading area which shall be defined as (a) the northern boundary of Outlot B on the north; (b) the -237-