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Home My WebLink AboutAffidavits from bldg dept/orders/summons/other court documents [ STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT City of Orono, Court File No. 27-CV-11-5626 Plaintiff, v. AFFIDAVIT OF ROGER PEITSO Jay T.Nygard and Kendall M.Nygard, Defendants. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) ROGER PEITSO, being first duly sworn, on oath, deposes and states as follows: 1. I am employed as an Orono Building Official for the City of Orono in Hennepin County, Minnesota. 2. In that capacity, I am familiar with the Defendant's property located at 1386 Rest Point Road, Mound, Minnesota("Subject Property"). 3. On September 17, 2015 I met with Jay Nygard on the Subject Property to try and determine whether the concrete pad, which served as a footing for the wind generator, had been completely removed from the Subject Property. 4. It is my understanding that the concrete pad measures approximately 48"x48"x48". 5. The footing area was completely covered by landscaping rocks and two large compost containers. Because the area was completely covered with material, I was not able to visually confirm that the foundation had been removed. I brought a metal probe to try and determine whether the concrete pad had been removed. 6. Mr.Nygard would not allow me to move the empty compost containers which are located over the foundation area. I probed next to the recycling containers and hit something solid at approximately 18" in depth. I also probed in another location and made it down approximately 30". Mr. Nygard would not allow me to probe any other areas. 7. It is my belief that the concrete pad has not been completely removed. I am required to use a probe as a Building Official and Septic Inspector. It is my opinion that the solid 183564 object that I hit was not a rock or other debris and that the concrete pad remains on the property. 8. I asked Mr. Nygard multiple times if I could move the compost containers so that I could perform a better inspection and explore the entire area of the concrete pad. Mr. Nygard refused all of my requests. 9. Mr. Nygard offered as proof of removal 9 anchor bolts, each approximately 12" long sawed off at one end. This length is consistent with the depth of which I was able to probe. 10. Based on this information, I believe that the entire concrete pad has not been removed from the Subject Property as required by the Court's Order. FURTHER YOUR AFFIANT SAYETH NOT. .-� �� ; _ '•R er Peitso, Orono Building Official Subscribed and sworn to before me � ��,�� this day of September, 2015. S,, � "��a � �@�� H�I�dODGE �_.;`"��r�;� �,�T��v��^i�=�?NPIESOTA �f� � �c� w.�.�, I�y�om�ron��.31,2Q20 K C� :. ��( �� Notary Public 183564 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT City of Orono, Court File No. 27-CV-11-5626 Plaintiff, v. AFFIDAVIT OF LYLE OMAN Jay T. Nygard and Kendall M. Nygard, Defendants. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) LYLE OMAN, being first duly sworn, on oath, deposes and states as follows: 1. I am employed as an Orono Building Official for the City of Orono in Hennepin County, Minnesota. 2. In that capacity, I am familiar with the Defendants' property located at 1386 Rest Point Road, Mound, Minnesota. 3. On June 19, 2014, at approximately 9:00 a.m., I was on a public roadway close to the property located at 1386 Rest Point Road, Mound, Minnesota 55364. I personally observed that the wind generator and support pole have not been removed from said property. FURTHER YOUR AFFIANT SAYETH NOT. � �� Lyle an, Orono Building Official Subscribed and sworn to before me this�day of June, 2014. OYI.t (�it, _ tl'�`� MONICAA.FADNESS Notary Public �` NOTARYPUBLIC-ddINNESOTA ��;e;�- My Commission E�ires Jan.31,2017 176834v1 � 13�1� .-t,�csr 0•�'� STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT City of Orono, Court File No. 27-CV-11-5626 Plaintiff, v. AFFIDAVIT OF LYLE OMAN Jay T. Nygard and Kendall M. Nygard, Defendants. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) LYLE OMAN, being first duly sworn, on oath, deposes and states as follows: 1. I am employed as an Orono Building Official for the City of Orono in Hennepin County, Minnesota. 2. In that capacity, I am familiar with the Defendants' property located at 1386 Rest Point Road, Mound, Minnesota. 3. On June 26, 2014, I was on a public roadway close to the property located at 1386 Rest Point Road, Mound, Minnesota 55364. I personally observed that the wind generator and support pole have not been removed from said property. Based on my familiarity with the wind generator and support pole, it is my belief that they are on top of a concrete pad. Although I did not personally observe the concrete pad, I believe the pad has not been removed from said property. FURTHER YOUR AFFIANT SAYETH NOT. Lyle O an, Orono Building Official Subscribed and sworn to before me this�-�day of June, 2014. � � Q . �� ' MONICAA.FADNESS NO�PUUIIC •� NOTARYPUBUC-I�IINWESOTA :�:�;:r My Commission Fxpires J�.31,1017 176973v1 STATE OF MINNESOTA DISTRICT COURT COLTNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT City of Orono, Court File No. 27-CV-11-5626 Judge Marilyn B. Rosenbaum Plaintiff, v. AFFIDAVIT OF LYLE OMAN Jay T. Nygard and Kendall M. Nygard, Defendants. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) LYLE OMAN, being first duly sworn, on oath, deposes and states as follows: 1. I am employed as an Orono Building Official for the City of Orono in Hennepin County, Minnesota. 2. In that capacity, I am familiar with the Defendants' property located at 1386 Rest Point Road, Mound, Minnesota. 3. On May 16, 2014, I personally observed that the wind generator has not been removed from the property located at 1386 Rest Point Road, Mound, Minnesota 55364. FURTHER YOUR AFFIANT SAYETH NOT. � Lyle O , Orono Building Official Subscribe�and sworn to before me this � day of May, 2014. �� ;�a��'�= CHRISTINE M.MATTSON �s NOTARY PUBLIC-MINNESOTA Notary Public �t ; �� ¢, My Commission Enpires Jan.31,2019 176394 �� l� l��f Nf K�! ^ 27-CV-11-5626 Filed in Fourth Judiciai District Court z 2/27/2014 2:34:19 PM Hennepin County Civil,MN STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CAS� TYPE: Other Civil City of Orono, Court File No.: 27-CV-11-5626 Plaintiff, �. ORDER Jay T. Nygard and Kendall M.Nygard, Defendants. The above-entitled matter came on for hearing before the Honorable Marilyn B. Rosenbaum, Judge of District Court on February 26, 2014, at 10:00 a.m., at the Hennepin County Government Center, 300 South Sixth Street, Minneapolis, Minnesota, on Plaintiff's motion requesting Defendants Jay T.Nygard and Kendall M.Nygard be found in Constructive Civil Contempt of Court. Plaintiff, City of Orono, was represented by its attorney Soren M. Mattick of Campbell Knutson, Professional Association, 317 Eagandale Office Center, 1380 Corporate Center Curve, Eagan, Minnesota 55121. Defendants Jay T.Nygard and Kendall M. Nygard appeared pro se. Based on all the files and proceedings herein and having carefully considered the arguments of counscl, IT IS HEREBY ORDERED: 1. That Defendants Jay T. Nygard and Kendall M. Nygard are in constructive civil contempt of court pursuant to Minn. Stat. §588.01, Subd. 3, and it is appropriate to impose penalties as allowed by statute. , 27•CV-11-5626 2. That the wind generator and support pole shall be Yaken down and removed from the property within twenty(20)days of the date of this Order. 3. That the concrete pad and foorings shall be removed from the property within sixty(60)days of the date of this Order. 4. That on or before March 21, 2014 the Nygards shall contact the City Attorney, Soren M. Mattick,at(651)234-6217 to schedule an inspection, or separate inspections,by the City to confirm that the provisions contained in paragraphs 2 and 3 have been complied with. 5. That the Court is staying the award of reasonable attorney fees and costs to the City incurred in bringing this motion contingent upon Defendants' complying with the terms of this Order. 6. That the Court is staying a fine of$250.00 against Jay T.Nygard and a fine of $250.00 against Kendall M.Nygard contingent upon Defendants' complying with the terms of this Order. 7. That the Court is staying imposition of any imprisonment against Jay T.Nygard and Kendall M.Nygard contingent upon Defendants' complying with the terms of this Order. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 27,2014 BY THE COURT: �� I�� Honorable Marilyn B. Rosenbaum Judge of District Court ' i ' � 27-CV-14-7419 Filed in Fourth Judicial District Court / C : I �� S-r � 5/8/2014 12:15:05 PM � (� � � Hennepin County Civil,MN .J�ss'i c c� , S�r e►� , �'�t� K-e REC�:��" 9 2.�14 STATE OF MINNESOTA Mp��iJ�(c� P ON� DISTRICT COURT �F pR COUNTY OF HENNEPIN C�� FOURTH JUDICIAL DISTRICT Go Green Energy, LLC, Micro Wind Type of Case: Other Advisory Council, an associarion,Jay Nygard and Kendall Nygard, Case File No. Plainriffs, vs. SUMMONS City of Orono, Defendant. THIS SUMMONS IS DIRECTED TO CITY OF ORONO: 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons. 2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this summons at the address below: Erick G. Kaardal Mohrman, Kaardal & Erickson, PA 33 South Sixth Street, Suite 4100 Minneapolis, Minnesota 55402 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not answer within 20 days, you will �lose this � �' ' � 27-CV-14-7419 case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the complaint. If you do not want to contest the claims stated in the complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the complaint. 5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case. 6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written answer to the Complaint even i�f you expect to use alternative rneans of resolving this dispute. MOHRMAN, KAARDAL & ERICKSON, P.A. Dated: May 8, 2014 /s/Erick G. Kaardal Erick G. Kaardal, #229647 33 South Sixth Street, Suite 4100 Minneapolis, Minnesota 55402 Telephone: (612) 341-1074 Attorneys for Plaintiffs . 2 ' ' ' ' � � 27-CV-14-7419 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Go Green Energy, LLC, Micro Wind Type of Case: Other Advisory Council, an associarion,Jay Nygard and Kendall Nygard, Case File No. Plaintiffs, COMPLAINT for vs. DECLARATORY JUDGMENT � UNDER MINNESOTA STATiTTE �� Ciry of Orono, 555.01, et seq.; Defendant. and for INJUNCTNE RELIEF Plaintiffs Go Green Energy, LLC, Micro Wind Advisory Council,Jay Nygard and Kendall Nygard, for their Complaint for Declaratory Judgment under Minnesota Statute �� 555.01, et seq. against Defendant Ciry of Orono and For Injunctive Relief, make the following statements, allegations, clauns and prayer for relief. INTRODUCTION Minnesota has enacted laws and policies to create an environment that encourages and enhances the development of sustainable energy and renewable energy resources on both state-wide and local levels of government including business and individual innovations. These efforts have of themselves created a renewable energy culture in this state. In this regard, the legislature enacted laws that encouraged the investment,promotion, and development of alternative energy sources such as "small wind energy conversion systems" —which means any combination of wind energy conversion system and any device 1 �' � 27-CV-14-7419 such as a wind charger,windmill, or wind turbine and associated facilities that convert wind energy to electrical energy and have a capacity of less than 5,000 kilowatts. The wind is not a property interest of the government; the wind, as it enters the land boundaries of a property owner, is the property interest of the person who has a right to harvest the wind to benefit himself or herself, to benefit the health and welfare of his or her family or to protect his property. Minnesota law, with its supporting energy policies,has preempted local municipalities from prohibiting persons, such as individual property owners, from using a small wind energy conversion system to generate electricity. Here,the City of Orono has prohibited such usage and directly contradicts and conflicts with state law, Minn. Stat. § 216F.01, et seq. PARTIES 1. Plaintiff Go Green Energy, LLC ("Go Green Energy") is incorporated in Florida and is registered in Minnesota as a foreign corporation doing business in Minnesota. Go Green Energy is a Minnesota taxpayer. Go Green Energy is a business which sells and installs small wind energy conversion systems in Minnesota—including Orono, Minnesota. The Orono ordinance at issue pxohibition means that Go Green Energy cannot sell and install small wind energy conversion systems in Orono. 2. Plaintiff Micro Wind Advisory Council is an unincorporated associarion in Minnesota. Micro Wind Advisory Council is a Minnesota ta�cpayer. Micro Wind Advisory Council and its members are dedicated to informing, educating and advocating the public regarding the benefits of small wind energy conversion systems. 3. Plaintiff Jay Nygard is a properry owner in Orono, Minnesota. Jay Nygard is a Minnesota taxpayer. Jay Nygard is an owner of Go Green Energy. 2 � ' ' � 27-CV-14-7419 4. Plaintiff Kendall Nygard is a property owner in Orono, Minnesota. Kendall Nygard is a Minnesota taxpayer. 5. Defendant City of Orono is a municipal corporation in Hennepin County, Minnesota,incorporated under the laws of the State. JURISDICTION 6. The District Courts of Minnesota are courts of general jurisdicrion. Minn. Stat. § 484.01; Minn. Const. Art. VI, sec. 3. 7. Jurisdiction of the court is specially conferred for declaratory judgments under Minnesota Statute �� 555.01, et seq. and other applicable authorities. 8. The Plaintiffs have standing as interested parties and as taxpayers. COUNT I COMPLAINT FOR DECLARATORY JUDGMENT Under Minnesota Statute �� 555.01, et seq. STATUTORY PREEMPTION 9. The above paxagraphs in their entirety are hereby incorporated by reference herein. 10. On December 9, 2013, the City of Orono adopted a complete ban on small wind energy conversion systems. . 11. Orono Ordinance No. 119,Third Series,is a complete ban on wind energy conversion systems: "Wind energy conversion systems are not an allowed use or structure within any zoning districts in the city." Orono Ordinance Sec. 78-1379,Alternative Energy Systems, subd. (6). 3 ' 27-CV-14-7419 12. The Orono ban on small wind energy conversion systems applies to businesses and homeowners. 13. The Orono ban on small wind energy conversion systems ("SWECS") is statutorily preempted by Minnesota Statute � 216F.02(b)which prohibits local governments from enacting complete bans on businesses and homeowners using SWECS to generate electricity. 14. As a result of the Orono ordinance Go Green Energy is unable to sell and install small wind energy conversion systems in Orono contrary to its right to do so through Minnesota Statute � 216F.02(b). 15. As a result of the Orono ordinance, Micro Wind Advisory Council cannot engage Orono residents to consider purchase and installation of small wind energy conversion systems in Orono to exercise a person's interests protected through Minnesota Statute � 216F.02(b). 16. As a result of the Orono ordinance,Jay Nygard and Kendall Nygard as property owners in Orono cannot consider, purchase and install small wind energy conversion systems in Orono to exercise their properry interests protected through Minnesota Statute � 216F.02(b). 17. The Plaintiffs petition for a declaratory judgment declaring that the Orono ban on small wind energy conversion systems is statutorily preempted by Minnesota Statute � 216F.02(b) which prohibits local governments from enacting complete bans on businesses and homeowners using SWECS to generate electricity. 4 ' 27-CV-14-7419 18. The Plaintiffs also petition for an injunction enjoining Orono from enforcing its violative ban. COUNT II COMPLAINT FOR DECLARATORY JUDGMENT � Under Minnesota Statute�� 555.01, et seq. VIOLATION OF STATUTORY PERSONAL INTERESTS 19. The above paragraphs in their entirery are hereby incorporated by reference heYein. 20. On December 9, 2013, the City of Orono adopted a complete ban on Small Wind Energy Conversion Systems. 21. Orono Ordinance No. 119,T'hird Series, is a complete ban on wind energy conversion systems: "Wind energy conversion systems are not an allowed use or structure within any zorung districts in the city." Orono Ordinance Sec. 78-1379,Alternative Energy Systems, subd. (6). 22. The Orono ban on sma11 wind energy conversion systems applies to businesses and homeowners. 23. The Orono ban on small wind energy conversion systems violates the personal rights established by Minnesota Statute e. § 216F.02(b) which prohibits local governments from enacting complete bans on businesses and homeowners using SWECS to generate electricity. 24. As part of Minnesota's energy culture, through enacted laws and policies, the State has encouraged the development of innovations to be made available its citizens to 5 ' � ' 27-CV-14-7419 contract or interact with other for-profit or non-profit businesses or sunilar entities and others to harvest wind that enters onto a person's property. Small wind energy conversion systems assist the harvesting of wind to generate energy for a person's benefit, to protect the health and welfare of his or her family and create an impact on the environment that will reduce harmful consequences to sociery as a whole, no matter to what degree, from pollution or use of other limited natural resources including but not limited to coal, oil, or nuclear power. 25. As a result of the Orono ordinance, Go Green Energy is unable to sell and install small wind�energy conversion systems in Orono contrary to its right to do so through Minnesota Statute § 216F.02(b). 26. As a result of the Orono ordinance, Micro Wind Advisory Council cannot engage Orono residents to consider purchase and installation of small wind energy conversion systerns in Orono to exercise a person's interests protected through Minnesota Statute � 216F.02(b). 27. As a result of the Orono ordinance,Jay Nygard and Kendall Nygard as properry owners in Orono cannot consider, purchase and install small wind energy conversion systerns on their Orono property to exercise their properry interests protected through Minnesota Statute � 216F.02(b). 28. The Plaintiffs petition for a declaratory judgment declaring that the Orono ban on Small Wind Energy Conversion Systems violates the personal rights established by Minn. Stat. § 216�'.02(b) which prohibits local governments from enacting complete bans on businesses and homeowners using SWECS to generate electricity. 6 ' � 27-CV-14-7419 29. The Plaintiffs also petition for an injunction enjoining Orono from enforcing its violative ban. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment as follows: a. Declaring the City of Orono ban on wind energy conversion systems, Orono Ordinances Sec. 78-1379(6),violates state law because the Orono ban is preempted by Minnesota Statute § 216F.02; b. Declaring the City of Orono ban on wind energy conversion systems, Orono Ordinances Sec. 78-1379(6),violates state law because the Orono ban violates the personal rights to harvest wind within properry boundaries with small wind energy conversion systems as established under Minnesota Statute � 216F.02(b); c. To enjoin the City of Orono from enforcing any provision of Orono Ordinances Sec. 78-1379(6); and d. Awarding such other relief as the Court deems just and equitable. Dated: May 8, 2014 MOHRMAN, KAARDAL & ERICKSON, P.A. /s/Erick G. Kaardal Erick G. Kaardal, No. 229647 33 South Sixth Street, Suite 4100 Minneapolis Minnesota 55402-3601 Telephone: (612) 341-1074 kaardal@mklaw.com ATTOKNEYS FOK PLAINTIFFS � 7 � ' � 27-CV-14-7419 Minn. Stat. Sec. 549.211 Acknowledgement Counsel for Plaintiffs acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. Sec. 549.211. Dated: May 8, 2014 MOHRMAN, KAARDAL & ERICKSON, P.A. /s/Erick G. Kaardal Erick G. Kaaxdal,No. 229647 33 South Sixth Street, Suite 4100 Minneapolis Minnesota 55402-3601 . Telephone: (612) 341-1074 kaardal@mklaw.com ATTORIVEYS FOK PLAINTIFFS 8 ' ' � 27-CV-14-7419 Filed in Fourth Judicial Distnct Court • 5/8/2014 12:15:05 PM � Hennepin County Civil,MN State of Minnesota District Court County of Hennepin Judicial District: Fourth Court File Number: Case T e: Other . Go Green Energ,v, LLC, Micro Wind Advisory Council, an association, Jay Nygard and Kendall_Ny�ard Plaintiff Civil Cover Sheet vs (Non-Family Case Type) . Minn.R. Gen. Prac. 104 Citv of Orono Defendant Date Case Filed: Mav 8, 2014 This civil cover sheet must be filed by the initial filing lawyer or party, if unrepresented by legal counsel, unless the court orders all parties or their legal counsel to complete this form. Once the initial civil cover sheet is filed, opposing lawyers or unrepresented parties who have not already been ordered to complete this form may submit their own cover sheet within ten days after being served with the initial cover sheet. See Rule 104 of the General Rules of Practice for the District Courts. If information is not known to the filing party at the time of filing, it shall be provided to the Court Administrator in writing by the filing party within seven (7) days of learning the information. Any party impleading additional parties shall provide the same information to the Court Administrator. The Court Administrator shall, upon receipt of the completed certificate, notify all parties or their lawyers, if represented by counsel, of the date of filing the action and the file number assigned. ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT Erick G. Kaardal �unknown) � Attorney Name Attorney Name Mohrman, Kaardal &Erickson, P.A. 33 South Sixth Street, Suite 4100 Postal Address Postal Address Minneapolis MN 55402 City State Zip Code City State Zip Code CIV117 State ENG 05/13 www.mncourts.gov/forms Page 1 of 4 ' ' � � 27-CV-14-7419 l612 1341-1074 � ) Telephone Number Telephone Number kaardal(c�mklaw.com E-mail address E-mail address 229647 Minnesota Attorney License No. Minnesota Attorney License No. PLAINTIFF, Self-represented DEFENDANT, Self-represented Name Name Postal Address Postal Address City State Zip Code City State Zip Code � ) ( ) Telephone Number Telephone Number E-mail address E-mail address (Attach addition sheet for additional attorneys/parties) _ Note: If either Plaintiff or Defendant gets an attorney, the attorney's name, address, telephone number and attorney ID number must be given in writing to the Court Administrator immediately. 1. Provide a concise statement of the case including facts and legal basis: This is a declarator�iudgment claim with no damages claim. Orono bans all wind ener�v conversion svstems. Orono ban violates Minnesota Statute preempting such bans and ct�eating or reco i�izin�a right to wind energy conversion svstems. Case should be resolved on summarv judgment because pure legal issues exist. 2. Date Complaint was served: Mav 8,2014 3. For Expedited Litigation Track(ELT) Pilot Courts only: CIV117 State ENG 05/13 www.mncourts.aov/forms Page 2 of 4 � ' �+ 27-CV-14-7419 a. ❑ the�parties jointly and voluntarily agree that this case shall be governed by the Special Rules for ELT Pilot. Date of agreement: b. ❑ The court is requested to consider excluding this case from ELT for the following reasons: Note: ELT is mandatory in certain cases, and where mandatory, exclusion may also be sought by timely motion under the Special Rules for ELT Pilot. c. Anticipated number of trial witnesses: 5 d. Amount of inedical expenses to date: N/A e. Amount of lost wages to date: N/A f. Identify any known subrogation interests: N/A 4. Estimated discovery completion within 4 months from the date of this form. 5. Disclosure/discovery of electronically stored information discussed with other party? 0 No ❑ Yes,date of discussion: If Yes, list agreements,plans, and disputes: 6. Proposed trial start date: November 1, 2014 7. Estimated�rial time: 1 days hours (estimates less than a day must be stated in hours). Case should be resolved on summary jud�ment because pure legal issues exist. 8. Jury trial is: ❑x waived by consent of Plaintiff pursuant to Minn. R. Civ. P. 38.02. (specify party) ❑ requested by (NOTE: Applicable fee must be enclosed) (specify party) 9. Physical/mental/blood examination pursuant to Minn. R. Civ. P. 35 is requested: � Yes ❑X No 10. Identify any party or witness who will require interpreter services, and describe the services needed (specifying language, and if known,particular dialect): N/A 11. Issues in dispute: N/A CIV117 State ENG 05/13 www.mncourts.gov/forms Page 3 of 4 • ' � '. 27-CV-14-7419 12. Case Type/Category: Other (NOTE: select case type from Form 23, Subject Matter Index for Civil Cases,appended to the Minnesota.Rules of Civil Procedure). 13. Recommended Alternative Dispute Resolution(ADR)mechanism: Mediation (See list of ADR processes set forth in Minn. Gen.R.Prac. 114.02(a)) Recommended ADR provider(known as a"neutral"): Recommended ADR completion date: If applicable, reasons why ADR not appropriate for this case: Legal issue. Declaratory JudQment Action against Citv. By signing below, the attorney or party submitting this form certifies that the above information is true and correct. Submitted by: Erick G. Kaardal Attorney License: 229647 Firm: Mohrman. Kaardal &Erickson, P.A. Address: 33 South Sixth Street, Suite 4100 Telephone: 612-341-1074 Date: Mav 8, 2014 CIV117 State ENG 05/13 www.mncourts.gov/forms Page 4 of 4 1 T , � RECEIVED JUL 16 2012 ��y �6,�Q�� Jessica Loftus CITY OF ORONO Cit Administratur, City af D�rano 2750 Kelley Parkway Orono, MN 55356 Dear 1VIs. Lc�s: Please find this to be an official complaint in relation to the fence located at 1380 Rest Point Road. The �er�ce exce�ds t�e l�eight l�rnifiations in�na�y areas and r�eeds to be re�oved or brought in�o conformity within the existing Orono city code because: l. Th� fenc�was consfi�ct�d vvell af�er the Qrono fenee eode had been enacted. 2. Jesse Struve's email to Jay Nygard of May, 2012 states that there are no s�atute of li�itations on property issues in the city of Orono. 3. `I'�ere are no documen�s�vit�n�e f�e for 1�$0 i�es�t Point Road wi�ich in any way ailows the illegal fence to exist(such as a variance),therefor no official approval of the illegal fence exists. 4. �'here is no wording in the city of Orono fence code that allows the type of fence at 138D Rest Point Road to exceed the maa�imum height in any manner. 5. The vvvrdiflg�i�hin the Orono city eode does�crt atlow for varianees for iliegai fencing. Orono code is written so as to have the land causing a property owner the right to obtain a variance, but there is no way that the land can cause a fence to have to be taller than the code allows. T�ie c�ty o�'f��o�o�er�e c��t�re�.R-1 B dist�ct zv�re we live is as foliows: Height Height Jir�itations appl�to fences lo�ated yui#�ain required �artls, • Between the required lake setback and the average lakeshore setback line no fence may exceed 42 inches in height. For the purpose of determining fence height "average lakeshore se#back line" m,ear�s a lic�e drawn be#ween the most lakeward projection of the fence owner's house and the most lakeward projection of the adjacent house. • No fence within the required rear street yard may exceed 42 inches in height. The required s#r�#��s��#backs ar�_ 0 30 feet in the LR-1 B and LR-1 C districts Exceptions:The top rail of a three-rail,split rail fence may be up to 48 inches high. • No fence within a required side yard may exceed six feet in height. Required side yards setbacks are: 0 10 Feet in the LR-1 B anci LR-1 B districts T73e fence located at 138fl Rest Point�oad violates�i�ordinances in the€Qllowing manner: 1) The fence located along Rest Point Road and within the 30 Street yard Setback: � 51"tall panels where 42"�aximum he�ght is allowec�. � Panels are 52"+above grade where 42"maximum height is allowed. o Panels peak at 72"above grade on far left side where 42"m�imum height is allowed. �) T�e Fence alo�g the SW prope�li�e,fihe Nygard/�a�pher�rope�ty�i�e�vitk�in tk�e 3{�'s�eet yard setback: � Minimum 43"tall panel at the curved center of the panels where 42"maximum height is � o� O ,,:, O CITY of ORONO ->,a� , Municipal Offices � ��;� �, �as�s� �.� r3 �� A► Street Address: Mailing Address: ��` =�, "�� Ya „�`.Q ,�,�' 2750 Kelley Parkway P.O.Box 66 ,�G Orono,MN 55356 Crystal Bay,MN 55323-0066 �`�k'Esxog' 17 September 2012 Jay&Kendall Nygard 1386 Rest Point Road Mound, MN 55364 RE: July 16,2012 and September 11,2012 Letters to Orono City Administrator Mr. &Mrs. Nygard, We have received your letter to City Administrator Jessica Loftus dated September 11,2012 requesting an update on the July 16, 2012 complaint filed by you regarding the property at 1380 Rest Point Road. A complainant is always welcome to inquire about the status of a complaint or violation. However it is not the City's standard practice to offer status updates or progress reports to complainants regarding property violations as they are classified as ongoing investigations until closed. Regarding your complaint specifically, upon receipt of your July letter the City opened a violation investigation. The investigation is still ongoing. Please note,we do not provide updates regarding ongoing investigations. Once the complaint file has been closed you wilt be able to review the City's street file for the individual property at City Hall during regular office hours. Sincerely, CI OF ORON � 1 Melanie Curtis Planning&Zoning Coordinator c: Jessica Loftus,Orono City Administrator Telephone(952)249-4600 •Fax(952)249-4616 www.ci.orono.mn.us September 11, 2012 . . RECEIVED sessica Loftus SEP 14 2012 City Administrator, City of Orono 2750 Kelley Parkway CITY OF ORONO QrQno, MN 55356 Dear Ms. Loftus, We filed an afficial camplaint abaut the illegal fence at 1380 Rest Paint Road in mid.iuly with yau. We have not had a response as to this point, almost 60 days later and the fence is still there and is still illegal in height. We are quite concerned over the inaction of the City of Orono staff when it relates to other properties surrounding us, and the speed with which the City of Orono reacts to neighbor complaints about our legal activities on our property. We would like to know wha.t the time line is for.bringing the fence into complete compIiance with the wording of the Orono city code or it's removal. We look forward to hearing from you as to an actian plan to resolve this issue as soon as passible. '� f Sincerely, ; r. `^�v � �' /►� � J I'dY Kendall M Nygard 86 Re point Road 1386 Rest point Road Orono, MN 55364 Orono,MN 55364 g-��O C ITY OF ORONO .1 ,�„ Street Address: I Mailing Address: I Telephone(952)249-4600 �'�, ti 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 l,q �,�' Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us kESH�� 27 September 2012 Jay&Kendall Nygard 1386 Rest Point Road Mound, MN 55364 RE: September 26,2012 Complaint Mr. & Mrs. Nygard, We have received your letter dated September 26,2012 concerning the status of the lighting on your neighbor's property at 1385 Rest Point Road. Please consider the complaint received and note that we have opened a complaint investigation.As you are aware, it is not the City's standard practice to offer status updates or progress reports to complainants regarding property violations as they are classified as ongoing investigations until closed. Once the complaint file has been closed,you will be able to review the City's street file at City Hall during regular office hours. Sincerely, CITY OF ORONO f � � Melanie Curtis Planning&Zoning Coordinator c: lessica Loftus,Orono City Administrator Sincerely, , �� ' � T. gar Kendall M. Nygard 386 Rest point Road 1386 Rest point Road Orono, MN 55364 Orono,MN 55364 September 26,2012 Jessica Loflus CiTy Administrator, City of Orono RECEIV�� 2750 Kelley Parkway SEP 2 6 201? Orono, MN 55356 CtTY OF ORONO Dear Ms. Loftus, One of your City Councilman, David Rahn,has been operating an outdoor flood light in a deliberate and malicious manner in violation of the Orono CiTy Code. Mr. Rahn has been leaving his outdoor flood light on all night long. Although the light is aimed towards the Ra.hn driveway,the source of the light is easily seen from the street and lights up our whole street side yard. The light is so intense that it lights t�p the interior of our house all night long.The glare from the light source inside our house is so bad, all night long, that we had been forced to file police complaints previous to this city complai.nt hoping that would resolve the issue(which it did not). Mr. Rahn has now installed a light fixture which is more obnoxious than wha.t they previously had been using. � Orono City Code States: Sec. 78-1573. -Glare or heat: Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located Lighting in all instances shall be d�used or directed away from R districts and public streets. Sec. 70-169. -Use of lights: No person shall use a,flash or spotlight in a manner so as to annoy or endanger others. The flood.light Mr. Rahn is operati.ng is violating the above Orono ordinances in the following ways: 1. There is no shielding for the light source; 2. The light source is clearly visible from several lot lines; 3. The lighting is not directed away from the public street; 4. The light being left on a11 night long is an intentional action to annoy ancl hazass our family. Since this is an issue which affects our family on a daily basis, and it has been happening for quite some time,and the fact that Mr. Rahn has a documented bias against us,we look forward to hearing from you as to an action plan to resolve this issue in an expedited manner in complete compliance with the wording of the Orono City Code to include the following: 1. Permanent removal of the offending light and any other light fixtures with the light source visible from the street with a prohibition of installing anything similar; 2. or, shielding the light sources in such a manner as to prevent the light sources from being visible from any property line; and, - requiring the current and future property owners to use a motion sensor for any light remaining on that side of the lower garage,with the sensors set to a minimum time in the"on"position. September 26, 2012 Jessica Loftus City Administrator, City of Orono REC�►V�D 2750 Kelley Parkway SEP 2 6 201Z Orono, MN 55356 C��'OF ORONO Dear Ms. Loftus, One of your City Councilman, David Rahn,has been operating an outdoor flood light in a deliberate and malicious manner in violation of the Orono City Code. Mr. Rahn has been leaving his outdoor flood light on all night long. Although the light is aimed towards the Rahn driveway,the source of the light is easily seen from the street and lights up our whole street side yard. The light is so intense that it lights�p the interior of our house all night long. The glare from the light source inside our house is so bad, a11 night long,that we had been forced to file police complaints previous to this city complaint hoping that would resolve the issue(which it did not). Mr. Rahn has now installed a light fixture which is more obnoxious than what they previously had been using. Orono City Code States: Sec. 78-1573. -Glare or heat: Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located Lighting in all instances shall be d�used or drrected away from R districts and public streets. Sec. 70-169. -Use of lights: No person shall use a,flash or spotlight in a manner so as to annoy or endanger others. The flood ligkt Mr. Rahn is operating is violating the above Orono ordinances in the following ways: 1. There is no shielding for the light source; 2. The light source is cleazly visible from several lot lines; 3. The lighting is not directed away from the public street; 4. The light being left on all night long is an intentional action to annoy and harass our family. Since this is an issue which affects our family on a daily basis,and it has been happening for quite some time,and the fact that Mr. Rahn has a documented bias against us,we look forwazd to hearing from you as to an action plan to resolve this issue in an expedited manner in complete compliance with the wording of the Orono City Code to include the following: 1. Permanent removal of the offending liglrt and any other light fixtures with the light source visible from the street with a prohibition of installing anything similar; 2. or, shielding the light sources in such a manner as to prevent the light sources from being visible from any property line; and, � requiring the current and future property owners to use a motion sensor for any light remaining on that side of the lower garage,with the sensors set to a minimum time in the"on"position. Sincerely, /��' ! � � �T. ar Kendall M.Nygard 386 Rest point Road 1386 Rest point Road Orono, MN 55364 Orono, MN 55364 � � . ` �O` `'O C ITY OF ORONO �, �„ Street Address: Mailing Address: Telephone(952)249-4600 y G� 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 F �q F, Orono,MN 55356 Crystal Bay,MN 55323 www.ci.oro�o.mn.us kESHO� 31 October 2012 Jay Nygard 1386 Rest Point Road Mound, MN 55364 Dear Mr. Nygard, The City has been directed by the Minnesota Court ofAppeals to review and further consider your permit application dated 10/13/10. The City is in the process of reviewing your permit application. The City is requesting that you supply staff with additional information in order to answer the following questions: 1) What is the distance of the concrete pad and support pole for the wind generator from the easterly property line? 2) What is the distance of the concrete pad and support pole for the wind generator from the shed? 3) What is the distance of the concrete pad and support pole for the wind generator from the house? 4) What is the distance of the concrete pad and support pole for the wind generator from the 929.4' ordinary high water level (OHWL)of Lake Minnetonka? 5) What is the distance of the concrete pad and support pole for the wind generator from the average lakeshore setback line? Certificate of Survey. Please provide a full size, scaled certificate of survey meeting the City's survey standards (enclosed) indicating the location of the concrete pad and support pole for the wind generator (and any proposed grading)as well as all existing structures, landscaping, retaining walls and hardcover on the property. Hardcover Calculations. The property is �ocated within our Shoreland District.The property is also identified as a Tier 1 lot in the Stormwater Quality Overlay District which is limited to 25% hardcover. Please have your surveyor prepare hardcover calculations for all hardcover improvements on the property. A hardcover calculation worksheet is attached. Additionally, please submit any other information that you feel would be helpful in reviewing this application. Staff is requesting that this information be received by 4:30 p.m.on November 16, 2012. Please feel free to contact me if you have any questions. I can be reached at 952.249.4622 or mgaffron@ci.orono.mn.us. Sincerely, CITY OF ORONO L�� Michael P. Gaff on Assistant City Administrator c: Jessica Loftus, Orono City Administrator � o�'O�'o Surve Re uirements . . � y a �' f'• www.ci.orono.mn.us � ��'°� 952-249-4620 �,.a�' Three (3) original, scaled copies of a certificate of survey, meeting all the requirements (see below) and one (1) 8 '/Z° x 11"or 11" x 17"for reproduction. An electronic version will be accepted in place of a reduction. 1. All surveys shall be certified by a Minnesota Registered Land Surveyor. Civil engineers may certify topographic surveys. 2. Permanent iron monuments must be in place at each property corner. 3. Written legal description. 4. Primary and alternate drainfield area corners shall be staked per septic design and tank location shown. 5. Indicate all proposed buildings with dimensions of each building. Reference dimensions are measured perpendicular from the front, side and rear lot lines to the nearest point of each building. 6. Indicate the location of all existing and proposed decks, porches, driveways, curb cuts and other accessory structures. 7. Indicate the total lot area in square feet. 8. Indicate elevations to sea level datum of the top of curb, or if no curb, the edge of the pavement of the street at points where the side lot lines of the property intersect said street. 9. Indicate proposed elevations to sea level datum of the top of foundation, garage floor, the first floor and lowest floor. 10. Indicate location and elevation of any structures on adjacent properties within 50' of lot lines. For lakeshore lots, the principal structure on each adjacent lakeshore lot must be shown. 11. Indicate all existing easements, drainageways, sewer and water mains and services, storm sewers and wetlands within the property and within 50' of the property. 12. Proposed grading plans should be indicated with directional arrows of proposed surface drainage (1' contours on lakeshore properties, 2' on all others). The source for all topography must be indicated on the survey. Provide additional contour intervals as needed in flat areas to show drainage patterns. 13. Topographic sunreys are required to indicate contours 50' outside of lot lines on all lots. 14. Indicate all trees over 6"diameter within proposed disturbance area(s) and within 75' of the OHWL. 15. For property adjacent to lakes, ponds, streams or wetlands, indicate the established high water elevation as indicated on the following Ordinary High Water Level (OHWL)chart: Natural Environment(NE) Lakes OHWL Lake Classen 974.5' Dickey Lake 985.5' French Lake North Basin 930.5' Sewage Lagoon 934.3' South Basin 930.0' Lydiard Lake 970.9' Recreational Development(RD) Lakes Long Lake 944.3' Mooney Lake 988.0' Tanager Lake 929.4' Hadley Lake (Plymouth) 961.4' General Development(GD) Lakes Forest Lake 929.4' Lake Minnetonka 929.4 Tributary Streams Painters Creek Stubbs Bay Creek Measure Long Lake Creek at top Wolsfeld Creek of bank Dickey Lake Creek Updated: January 31,2012 . ` � �°�o y '` Hardcover Information `� G� www.ci.orono.mn.us `�'F£S H OR� 952-249-4620 The City of Orono recognizes through its comprehensive plan that managing stormwater runoff is essential for protection of the water quality of Lake Minnetonka and Orono's other lakes, for preservation of the natural wildlife habitat within marshlands, and for protection against flooding and flood damage. Since 1975 Orono has regulated hardcover within 1,000 feet of lakes, and since 1992 also within 300 feet of Painters, Long Lake, Wolsfeld, Stubbs Bay, and Dickey Lake creeks. Limiting hardcover helps to improve water quality by allowing for infiltration of stormwater runoff into the ground as well as promoting aquifer recharge. In September 2012 the City updated its hardcover regulations and established the Stormwater Quality Overlay District, encompassing all properties that are subject to hardcover regulations. Hardcover `zones' based on set distances from the lakeshore have been eliminated, and properties in the District have each been assigned to one of five `Tiers' within which a defined percentage of the entire property is allowed to be hardcovered. The Tier assignments were established based primarily on proximity to a lake or waterway, and are documented in the official Stormwater Quality Overlay District Tier Map. The percentage of hardcover allowed within each Tier is shown in the following table: Assigned Tier Allowed Hardcover Percentage Tier 1 25% of gross lot area Tier 2 30% of gross lot area Tier 3 35% of gross lot area Tier 4 (properties zoned RPUD) 50% of gross lot area Tier 5 (properties zoned Industrial) 85% of gross lot area The updated regulations allow most lakeshore properties additional hardcover as compared to the previous ordinance. Also, the definition of hardcover has been revised to not include porous landscaping materials underlain by permeable landscaping fabric. The updated definition of`hardcover' is as follows: Hardcover means a hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Hardcover shall include but not be limited to the following: all building footprints, driveways, sidewalks, stepping stones, retaining walls, patios, courts (sport, tennis, etc), decks, pools, areas used for the extended outdoor storage of vehicles or equipment, and all other similar features or surfaces as determined by the City Engineer or City Planner. HARDCOVER INCLUDES: • Roofs • Porous or pervious pavement • Sidewalks, steps, and patios • Tennis or Sport Courts • Decks, including decks on play equipment • Building Footprints-see definitions below. (even if there are gaps between the boards) • Any other vehicle, material, equipment, or • Driveways, regardless of surface material structure that prevents absorption of rainfall • Tops of retaining walls, including boulder and is maintained in the same location long walls, and isolated boulders enough that no vegetation grows under it. • Swimming Pools This is an information sheet. Every effort has been made to insure the accuracy of the information contained herein;however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. 1 /6 OTHER DEFINITIONS Building Footprint means the outline of the total area covered by a building's perimeter at the ground level (to the block/foundation). (1) Carports, covered porches and other similar building features which have no exterior walls shall be included as part of a building footprint by drawing a straight line befinreen the outer edges of all support structures (and the main building if applicable). (2) The outer edge of building protrusions, bay windows or other similar features that extend outward from a building and are less than four feet from the ground shall be considered as part of the building footprint. Permeab/e Lininp(landscapinq fabric) means a porous material used for weed prevention that allows storm water to permeate into the ground. Pervious Paver means concrete, asphalt or similar blocks with holes of some kind that allow water to go through the surface into a specialized aggregate base—consistent of an open-graded aggregate—and into the soils below. Pervious Surface means naturally occurring groundcover or a variety of types of pavement, pavers and other devices that provide stormwater infiltration while serving as a structural surface. ASSUMED HARDCOVER The following items must be included in hardcover calculations regardless of whether or not they are proposed to be constructed at the time of a building permit application: (1) Proof of a two car garage(detached or attached). (2) A driveway for all garages, a minimum of 12 feet in width subject to the driveway standards listed below. (3) Minimum dimensions for driveways(see Minimum Driveway Standards drawing attached) (4) 24 inch wide sidewalk connecting the front door to the driveway (5) The minimum stairway/landing at all exterior doors as required by the building code (6) Existing hardcover which encroaches(legally or illegally) onto an adjacent parcel or parcels. a. In such cases of encroachment, the square footage of all encroaching hardcover shall be added to the overall hardcover on the subject lot; b. No credit shall be given towards the overall lot size of the subject lot. DRIVEWAY STANDARDS All driveways shall comply with the following minimum dimensional standards: Driveways serving end loading garages shall maintain a width equivalent to the width of all overhead doors extending 15 feet out from the garage doors. (1) Driveways serving side loading garages shall provide a minimum turn around or back up depth of 20 feet, as measured from the garage door(s). (2) Minimum driveway taper ratio shall be 2:1. (3) Driveways shall be at least eight feet in width at the street or private road. (4) A turnaround shall be provided for a driveway with direct access to an arterial or collector roadway, or for a side load garage as determined necessary by the city planner. The minimum dimensions of the turnaround shall be eight feet in width by 12 feet in depth. (5) "Wheel strip"driveways are allowed, but the entire width of the driveway (from outside to outside of the strips)will be considered hardcover. See"Minimum Driveway Standards" drawing attached. This is an infoimation sheet Every effort has been made to insure the accuracy of the infom►ation contained herein;however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. 2/6 ' SHARED DRIVEWAYS Where one or more properties (referred to as secondary property) gain its driveway access from an adjacent property(a primary property) by virtue of a driveway easement, the following shall apply: (1) The portion of the shared driveway on the primary property that serves both primary and secondary property shall be considered hardcover for the primary property. (2) That portion of the driveway on the primary property that serves only secondary property shall not be considered hardcover for either primary or secondary property. See "Driveway Easements" drawing attached. STANDARD HARDCOVER EXCLUSIONS Landscaping with permeable lining shall not be considered hardcover. Additionally, the following hardcover items shall be excluded from hardcover calculations: (1) Roads, trails, sidewalks, utilities and other hardcover encroachments intended for the public's benefit; (2) Hardcover encroachments created by improvements on adjacent property not owned by the subject landowner; a. In such cases of encroachment, the square footage of all encroaching hardcover shall not be added to the overall hardcover counting against the subject lot; b. The land area upon which the encroachment rests shall count towards the overall lot area for the subject lot. (3) Retaining walls; (4) Handicapped ramps with a pervious surface below; and (5) The first 100 square feet of pervious paver patios/walkways or the first 100 square feet of deck with a minimum %4 inch spacing between boards and a pervious surface below the decking. HARDCOVER RESTRICTED WITHIN 75 FEET OF LAKESHORE Within 75 feet of the Ordinary High Water Level (OHWL) of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated by the Shoreland Overlay District. EXCHANGE OF HARDCOVER If a property exceeds allowed hardcover Staff does not have the authority to approve new hardcover even if an equal amount of hardcover is removed. SURVEYS AND HARDCOVER CALCULATIONS When a building permit is requested for expansion or construction of a structure a survey and hardcover calculation worksheets may be required to demonstrate compliance with hardcover regulations. VARIANCES Variances to hardcover, if granted on lots within the Stormwater Quality Overlay District, may be subject to mitigation measures deemed appropriate by the City Council to offset the impacts generated by the proposed additional hardcover. HARDCOVER COMPLIANCE Illegal hardcover may be required to be removed before a building permit is issued. Illegal hardcover is hardcover in excess of that allowed by a hardcover variance or hardcover in excess of that allowed by the Code that was added to the property after 1975 or 1992. FOR MORE INFORMATION Contact the Planning and Zoning Department at 952-249-4620 or planninq(c�ci.orono.mn.us. Reference: City Code Sections 78-1670 thru 78-7801 September 24, 2012 This is an infonnation sheet. Every effort has been made to insure the accuracy of the informafion contained herein;however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. 3/6 �—� $' �— Backup Apron m (If Required) 8k8'Minimum Garage �� Side lond � �� Apron Deptt�20'Min. End Load 4'Rad (Min) Minimum Widtl�of �r Garage Door c q� �N R �~ � � -------------------- d Minimum Taper � Driveway Widtt� Z,1 2 � 8'Minimum � (20'Ma�dmum) f p�� --------- 1 c�i 8'Minimum 5'Rad. 5'Rad. (20'Ma�dmum)�� 9e of Right-0f-Way � � (Lot Line) i i � i Minimum Driveway Standards This is an info►mation sheet. Every effort has been made to insure the accuracy of the information contained herein;however,if any info►mation is not consistent with provisions of the City Code, the Code provisions will prevail. 4/6 �------------------r-----------------� ��T,�T r.�T-,a I �nT l��r'rlT rl irr �, � I House � I � House � I �� n,,,,.,,T,� i Tl1TlRRR y i .{, ` I�.'J�L/J 1 G./1 L/ �'�ffc � I � upRVlp �L�1 1V 1 L\��J I �... ...�.. � �C.! 11LLL.0 � I � \LL1a11 1]� I I I ' I I � I I I � I I I I � i Primary Secondary i i Property i Property � i i i i i i i i i i L------------- — �-----------------J ��JTTYTT�IT/'�--_------T__------- Tr\Tr\�T`G�Tr'1� r � � � r H� � � � �� I r H«,� j � i� nnnn�� i �r�� i I L��`i11 u1�� Ca2��JE � I � GB�JE �i�a iL►i L.�a� i � I c r c�c.�,c.ci .� � � a.�.a.aa.a �I � i Primary � Secondary i i Properly i Property i � i � � i i � � � � � � � i i i i i i i i �------------------�------------------J E�ludable area-not cavered in area nor hardcwer of primary IoL AL�o rwt add�to tfie hardcover pkulatio�for the secondary property. Driveway Easements This is an info►mation sheet. Every effort has been made to insure the accuracy of the information contained herein;however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. 5/6 O Overhang P Su rt _�,.��.'. O Overhang 2' ? Wall .,••.��..'. Overhangs This is an infomiation sheet. Every effort has been made to insu�the accuracy of the information contained henein;however, if any information is not consistent with provisions of the City Code, the Code pmvisions will p►evail. 6/6 . October 2012 , � ' ��O City of Orono ' � Hardcover Calculation Worksheet y� G�� 7kfSHOQ'�' Property Address Prepared by Date Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 1. EXISTING HARDCOVER In the following table, identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total Surve S uare Feet : .x, � : ; ° .5.�. A S.F. B S.F. C S.F. D S.F. E S.F. F S.F. G s.F. H S.F. I S.F. J s.F. K s.F. L s.F. M S.F. N S.F. O S.F. P s.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. 1 Total Existin Hardcover S.F. 1�eF: z _ S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover s.F. 3 Net Existin Hardcover Subtract line 2 from line 1 S.F. 4 Total Lot Area S.F. Existing Hardcover Percentage [ (3) = (4) ] % 2. Proposed Hardcover (Over�) 2. PROPOSED HARDCOVER - � � In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total Surve S uare Feet , � �� ;i. - � � a�rv . . � ._ - q S.F. g S.F. C S.F. p S.F. E s.F. F s.F. (`, S.F. H S.F. � S.F. � s.F. K S.F. � s.F. M S.F. N s.F. p S.F. p S.F. (� S.F. R s.F. S S.F. T s.F. U S.F. �/ S.F. W S.F. X S.F. y S.F. Z S.F. 1 Total Pro osed Hardcover S.F. . . : - . . ._ .,� , _ �� r<�� : � ��p._� �� , .,- � ��o� � ��,v ��,� r�, r� _.. _. . , , S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover S.F. 3 Net Pro osed Hardcover Subtract line 2 from line 1 S.F. 4 Total Lot Area S.F. Proposed Hardcover Percentage [ (3) _ (4) ] % . ��0 SAMPLE- SAMPLE - SAMPLE -SAMPLE October 2012 . City of Orono � " Hardcover Calculation Worksheet y�, G; �1kfSH0�� Property Address Prepared by Date Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 1. EXISTING HARDCOVER In the following table, identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total Surve S uare Feet) Exam le Gara e 24'x 30' 720 S.F. A House 30' x 60' 1,800 S.F. B " 20' x 24' 480 S.F. C Detached ara e 16' x 22' 352 s.F. D Deck 12' x 16' 192 S.F. E Deck stairs 12' x 4' 48 S.F. F Front steps & stoop 6' x 8' 48 s.F. G Concrete sidewalk 3' x 32' 96 s.F. H Drivewa a ron 28' x 20' 560 S.F. I Drivewa 14' x 60' 840 s.F. J Trian ular part of nei hbor's drivewa 3' x 12' = 2 18 s.F. K Concrete air conditioner ad 4' x 4' 16 S.F. L Garden shed 9' x 12' 108 S.F. M Stairwa to lake 4' x 70' 280 S.F. N Lockbox b lake 4' x 5' 20 s.F. O Retainin wall within 75' of lake 1' x 48' 48 S.F. P Retainin wall not within 75' of lake 1' x 60' 60 s.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. 1 Total Existin Hardcover 4,966 S.F. Excludable Hardcover: D First 100 s.f. of pervious deck 100 s.F. J Trian ular part of nei hbor's drivewa 3' x 12' = 2 18 S.F. P Retainin wall not within 75' of lake 1' x 60' 60 S.F. S.F. S.F. (2) Total Excludable Hardcover 178 s.F. (3) Net Existin Hardcover [Subtract line 2) from line (1) 4,788 S.F. (4) Total Lot Area (100' x 240') 24,000 S.F. Existing Hardcover Percentage [ (3) = (4) ] 19.95 % 2. Proposed Hardcover (Over�) . 2. PROPOSED HARDCOVER . ' � In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total Surve S uare Feet °. i,, � ��,, r� � , . F � a , A House 30' x 60' 1,800 S.F. B " 20' x 24' 480 S.F. C To be removed -�°�-2� 35�-�� D Deck 12' x 16' 192 S.F. E Deck stairs 12' x 4' 48 S.F. F Front ste s & stoo 6' x 8' 48 s.F. G Concrete sidewalk 3' x 32' 96 s.F. H To be removed �� 69-�:�- I Drivewa 14' x 60' 840 S.F. J Trian ular art of nei hbor's drivewa 3' x 12' = 2 18 S.F. K Concrete air conditioner ad 4' x 4' 16 S.F. L To be removed 8'�� M Stairwa to lake 4' x 70' 280 S.F. N Lockbox b lake 4' x 5' 20 s.F. O Retainin wall within 75' of lake 1' x 48' 48 S.F. P Retainin wall not within 75' of lake 1' x 60' 60 s.F. Q New attached ara e To be added 30' x 32' 960 s.F. R New drivewa a ron To be added 30' x 30' 900 s.F. S S.F. T S.F. U S.F. V S.F. w S.F. X S.F. Y S.F. Z S.F. 1 Total Pro osed Hardcover 5,806 S.F. � � ti. '� �e� � m � . .�> D First 100 s.f.�of ervious deck 100 S.F. � J Trian ular art of nei hbor's drivewa 3' x 12' = 2 18 s.F. P Retainin wall not within 75' of lake 1' x 60' 60 s.F. S.F. S.F. 2 Total Excludable Hardcover 178 S.F. 3 Net Pro osed Hardcover Subtract line 2 from line 1 5,628 S.F. 4 Total Lot Area 100' x 240' 24,000 S.F. Proposed Hardcover Percentage [ (3) = (4) ] 23.45 %