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, <br /> � o�- 3�f�r <br /> �tECEIVEf3 � <br /> SEP 2 � 200g PcEXn�b�tg <br /> PETER W. JOHNSON <br /> CITY OF OROt�U ATTORNEY AT LAW <br /> This address by appointment only: Please direct all correspondence/inquiries to: <br /> 2305 COMMERCE BOULEVARD 15250 WAYZATA BOULEVARD,SUTTE 103 <br /> MOUND,MINNESOTA 55364 WAYZATA,MINNESOTA 55391 <br /> TELEPHONE(952)475-1907 <br /> FACSIMILE(952)476-0007 <br /> EMAIL-PETERJ@PETERWJOHNSON.COM <br /> . DIItECT DIAL: (952)475-1907 <br /> CELLULAR: (612)741-1907 <br /> September 23, 2009 <br /> Ms. Melanie Curtis <br /> Planning and Zoning Coordinator <br /> City of Orono <br /> P.O. Box 66 <br /> Crystal Bay, MN 55323-0066 <br /> Re: Land Alteration Permit Application by Wagener Properties, LLC <br /> concerning the property at 3165 North Shore Drive, Orono <br /> Dear Ms. Curtis: <br /> As we've discussed, Wagener Properties is requesting that the City grant a Land <br /> Alteration Permit to import fill on the property at 3165 North Shore Drive. The property <br /> was acquired by Wagener Properties, LLC in 2008 shortly after Alan and Deanna <br /> Munson abandoned their redevelopment project. The Munsons had been granted a <br /> building permit which included an approved grading plan and a land alteration permit. <br /> While the Munsons paid permit fees, plan review fees and state surcharge fees (totaling <br /> $10,873.94), the project was abandoned shortly after the old house was cleared and a <br /> screw anchor foundation system was installed. I have been told that no portion of the <br /> fee was refunded. My client had intended to proceed immediately to restore a more <br /> natural contour to the property but that plan was delayed when a boundary dispute <br /> flared up with an adjoining property owner. My understanding is that dispute has now <br /> been resolved and my client would like to proceed with restoring a more natural contour <br /> to the property. The applicant will also restore topsoil and direct drainage in a <br /> satisfactory manner. Had the owner been able to proceed with the proposed <br /> improvements in 2008, I would have presented this application as an amendment of the <br /> prior permit issued to the Munsons. Given the significant fees already paid, the <br /> applicant is requesting a waiver of fees and escrow for this application. <br /> In its current condition, the site is subject to significant erosion and the existing contours � <br /> do not allow for routine mowing maintenance. � <br /> While the Munsons' grading and fill plan included placement of fill at depths of 8 to 10 � <br /> feet, Wagener Properties has developed a fill plan which includes maximum depths of <br />