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Planning Commission approves grading permit for 5 Catbird Lane amid neighbor runoff concerns
Summary
The North Oaks Planning Commission unanimously approved a conditional use permit to allow 942.23 cubic yards of grading at 5 Catbird Lane, after staff and the applicant said drainage will be directed to a wetland and construction will follow conditions requiring that runoff not impact neighbors.
The North Oaks Planning Commission voted unanimously April 30 to approve a conditional use permit allowing grading in excess of 100 cubic yards at 5 Catbird Lane, subject to the conditions in the staff report.
City Planner John Uphoff presented the application for the 3.4-acre Single Family, Low Density (RSL) lot and said the proposal requests a net 942.23 cubic yards of earthwork (40.90 cubic yards of cut and 983.13 cubic yards of fill). Uphoff and planner Kendra Lindahl said the site plan, grading and erosion-control plans show drainage directed toward a wetland to the west and that the shoreland overlay district review was forwarded to the Minnesota Department of Natural Resources, which returned no comments.
During the public hearing, adjacent homeowner Cecile Schauer said she is worried increased cut-and-fill could change runoff and “create a swampy area” in a gully on her property and asked who would be accountable if drainage harmed neighboring yards. City Engineer Kate Achenbach described doubled silt fencing on the downstream portion of the property and a swale between properties as erosion-control measures. Planner Kendra Lindahl noted that the CUP packet includes drainage arrows showing flow toward the wetland.
Builder David Eggert said the grading was designed to keep runoff on the property and to tie proposed grades back into existing grades; he told the Commission he would stand behind the design. Lindahl pointed to condition number seven in the staff report, which requires the applicant to grade according to the approved plan and to ensure stormwater runoff does not impact adjacent properties. Chair Dave Cremons asked whether staff could monitor drainage during construction; Lindahl indicated the conditions provide that assurance.
Commissioner Rick Anderson moved to approve the permit and Commissioner Rick Kingston seconded. The motion carried unanimously.
The approval allows the builder to proceed under the staff report conditions, including adherence to the approved grading and erosion-control plans and the monitoring and mitigation expectations spelled out in condition 7. The decision resolves the permit application but leaves ongoing construction monitoring and enforcement to city staff per the approved conditions.
