various memos/letters re property

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MEMORANDUM DATE: 221u1y 2009 TO: Bill Wells,City Administrator - FROM: Melanie Curtis, Planning&Zoning Coordinator RE: 2175 Kenwood Way A building permit for a new home was issued in April of 2006. The home was constructed without variances. In March 2006,Staff sent a letter to the builder identifying further information needed prior to issuance of the building permit; a wetland buffer restoration & landscape plan was one of those items. Along with the issuance of the building permit an acknowledgement was signed by the buitder(also the owner)on March 3, 2006 agreeing to establish a wetland buffer and protective covenant as a condition of the building permit. On May,23 2008 a seeding and management outline was developed by Prairie Restorations, Inc. in conjunction with Svoboda Ecological Resources at the direction of Bill Keenan of Builders Development& Finance, Inc.,the new owner of the property. The City received the signed Grant of Permanent F/owage and Conservation Easement and Restrictive Covenant for Wetland and Wetland Buffer on May 29, 2008 and it was filed with Hennepin County on September 25,2008. It appears all final inspections on the home were passed on May 28, 2008; a Certificate of Occupancy was ready to be issued. The Certificate of Occupancy was issued upon receipt of the above documentation on or about May 28, 2008. In June of 2008, Mr. Keenan submitted a Buffer Improvement Escrow Aqreement and an escrow check in the amount of$4000 to the City. Also on May 28,2008,the neighbor, Clair Rood was sent a letter informing him of the buffer area restrictions and requesting that he no longer mow the vegetation in this area. An informational letter stating the same was placed in the street file. In August of 2008 the City's wetland specialist inspected the buffer and it was noted that it had been established and was growing according to the plans In June of 2009,the City's wetland specialist noticed that the required buffer on this property had been removed and turf grass installed in its place. Staff sent a letter notifying the current owner of the requirement for the buffer. Additionally,the owner was notified about the existing easement and covenant for the wetland buffer. Staff included the approved plan with the letter to the current owners(this letter is attached). The buffer removal in this instance could be monitored without actually entering the site. Had entry on to the property been necessary staff would have contacted the homeowners—either by phone (if we had that information)or by knocking on the door at the time of inspection.