HomeMy WebLinkAboutRe: update/declaration- 8-17-2016 Christine Mattson
From: Lauren Sampedro <Isampedro@minnehahacreek.org>
Sent: Wednesday,August 17, 2016 2:44 PM
To: Christine Mattson; Melanie Curtis
Subject: FW: 13-400 - 2325 Glendale Cove Follow-Up
Below is the last correspondence Beth had with the Hoehns describing the required update to the declaration.
Lauren
From: Elizabeth Brown
Sent: Friday, December 04, 2015 9:47 AM
To:Casey Hoehn<choehn_19@yahoo.com>
Cc:Jill Hoehn<jhoehn@tcfbank.com>; Melanie Curtis<MCurtis@ci.orono.mn.us>; Lauren Sampedro
<Isampedro@minnehahacreek.org>
Subject: RE: 13-400-2325 Glendale Cove Follow-Up
Hi Casey,
1. Attachment A1 depicts the correct the wetland buffer area. In signing this declaration amendment—note that a
previous version of the declaration for this same area was already signed in the past—you just reiterate
agreement to the restrictions that are already in place for this area, including no mowing, placement of yard
waste,future sod installation,etc.The point of updating the declaration is to depict the retaining wall so that it
is on the county register's record that the wall has been allowed.The reason that the format of the exhibit
differs from the original declaration is because we cannot alter other companies'engineering documents,even
just to georeference the retaining wall onto the exhibit.Thus,the property boundaries and buffer boundaries
from the existing declaration were georeferenced onto aerial imagery depicting the retaining wall.
2. The declaration says nothing about removing&replanting sodded areas within the buffer,only that any existing
vegetation (sod included) cannot be mowed or otherwise disturbed. No staff will mandate additional sod
removal (or would have any reason to) if you cease mowing and refrain from future alteration of the buffer as
required.
3. We cannot permit the addition of additional impenrious surface like stone into any firepit area within the buffer.
Thanks,
Beth Brown
Permitting Technician
Certified Wetland Delineator
Minnehaha Creek Watershed District
ebrown@minnehahacreek.or�
952-641-4504
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From:Casey Hoehn [mailto:choehn 19@vahoo.com]
Sent:Wednesday, November 25, 20151:46 PM
To: Elizabeth Brown<EBrown@minnehahacreek.or�>
Cc:Jill Hoehn<ihoehn@tcfbank.com>
Subject: Re: 13-400-2325 Glendale Cove Follow-Up
Beth-thank you very much for the follow-up and our apologies for the delay in responding! We will stop into the MCWD offices and
pick up the signs ASAP. We did have two questions however before signing the declaration-
* The declaration references Attachment A1 which has the incorrect buffer area highlighted from what we have been
discussing. As we are signing the declaration as a legal document,we just want to make sure in the event you
or other representatives that have been involved are no longer with the Watershed or City,someone new can not
reference this to impose or mandate any additional sod removal.
" With the firepit area,we also wanted to have documented that we would be able to add natural stone(flagstone or
something)to the surface in the future. This would not change anything to the size and would also be incorporating
natural materials. Something else we verbally discussed with Courtney, but again simply wanted to have that as well
in the event there are any changes with staff.
Thanks Beth-have a great Thanksgiving!
Casey and Jill
On Monday, November 23, 2015 2:36 PM, Christine Mattson <CMattsonCcDci.orono.mn.us>wrote:
Casey &Jill,
On February 23, 2015 the Orono City Council approved an encroachment agreement (copy attached)that
allowed the retaining wall to remain within the wetland buffer and drainage and utility easement, conditioned on
the written agreement between you and the Minnehaha Creek Watershed District (MCWD). The Council
understood that this agreement was summarized in the memo from Courtney Hall, MCWD Technician dated
February 15, 2015 (copy attached). It is the city's expectation that those items will be completed. The City
Council will need to approve any changes to this agreement.
If you have any questions, please don't hesitate to contact us.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway � Orono � MN � 55356 (physical address)
PO Box 66 � Crystal Bay � MN � 55323-0066 (mailing address)
� 952.249.4620 � 6 952.249.4616
� cmattsonCc�ci.orono.mn.us � ; www.ci.orono.mn.us
Office Hours: Monday - Friday 8 am to 4:30 pm
OUR OFFICE WILL BE CLOSED: Thursday&Friday, November 26 &27, 2015
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Thursday&Friday, December 24 & 25, 2015
Friday, January 1, 2016
From: Elizabeth Brown fmailto:EBrownCc�minnehahacreek.orql
Sent: Friday, November 20, 2015 4:08 PM
To: Casey Hoehn <choehn 19Cc�vahoo.com>; Hoehn, Jill (JHoehnCa�tcfbank.com) <JHoehnCc�tcfbank.com>
Cc: Lauren Sampedro <IsampedroCc�minnehahacreek.ora>; Melanie Curtis <MCurtisCcD_ci.orono.mn.us>;
Christine Mattson <CMattsonCc�ci.orono.mn.us>
Subject: RE: 13-400 - 2325 Glendale Cove Follow-Up
Hi Casev,
MCWD will not require any additional sod removal in your backyard. Please do, however, proceed with the
following:
-Install or have Gonyea Homes install the required buffer monument signs;
-Return the completed declaration paperwork so we can document our resolution of the wall concern
for the legal property record;
-Refrain from mowing, further sodding, placing new structures/yard waste, etc in the buffer in
accordance with our rules.
Please let me know if you have any questions.
Have a good weekend,
Beth Brown
Permitting Technician
Certified Wetland Delineator
Minnehaha Creek Watershed District
ebrownCc�minnehahacreek.org
952-641-4504
From: Casey Hoehn [mailto:choehn 19Ca�vahoo.coml
Sent: Thursday, October 15, 2015 4:20 PM
To: Elizabeth Brown <EBrown _minnehahacreek.ora>; Hoehn, Jill (JHoehnCcDtcfbank.com)
<J HoehnCa�tcfbank.com>
Cc: Theresa Zerby <TZerbvCcc�minnehahacreek.orQ>; 'Melanie Curtis' <MCurtisCaCa)_ci.orono.mn.us>
Subject: Re: 13-400 -2325 Glendale Cove Follow-Up
We really appreciate that Beth! I think too some of the area on the woods side of the wall could be included in the calculation. We we
put some peat moss along the base of the wall on that side too and are obviously letting that grow in with natural grass too. Again, my
calculations were off of using one of those 100'tapes and accounting for the boulders(approximately 2 feet)and roughly 2 feet of
natural grass along the wall as stated by Courtney. Also the fire pit and about 4-5'along the entirety of the area encompassing it with
natural grass as well. We still have a bag of peat moss out there and plan to put that down in some of the areas along the wall that did
not take as well from our initial ptanting with a little more short/dry grass seed.
Thank you!
Casey
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On Thursday, October 15, 2015 4:17 PM, Casey Hoehn <choehn 19(cavahoo.com>wrote:
We really appreciate that Beth! I think too some of the area on the woods side of the wall could be inGuded in the calculation. We we
put some peat moss along the base of the wall on that side too and are obviously letting that grow in with natural grass too. Again,my
calculations were off of using one of those 100'tapes and accounting for the boulders(approximately 2 feet)and roughly 2 feet of
natural grass along the wall as stated by Courtney. Also the fire pit and about 4-5'along the entirety of the area encompassing it with
natural grass as well. We still have a bag of peat moss out there and plan to put that down in some of the areas along the wall that did
not take as well from our initial planting with a little more short/dry grass seed.
Thank you!
Casey
On Thursday, October 15, 2015 3:45 PM, Elizabeth Brown <EBrownCcDminnehahacreek.or4>wrote:
Hi Casev,
Thanks for your email clarifying where it appears some misunderstanding may lie. I am concerned because the
area that you marked on your reveg plan is the area befinreen the retaining wall, as you drew it in, and the
required buffer boundary. The area befinreen the retaining wall and the required buffer boundary is 10' wide at
points, as you can see in the exhibit. This was the basis of our determination documented in the inspection
report.
If the area that has been fixed is �750 square feet, then, honoring the agreement with Courtney, we will not
require any additional sod removal. I will have an inspector confirm on site so we can wrap this up.
Also, to clarify, MCWD determined that we are not requiring formal monitoring of the buffer-just conformance
with the normal no-mow/no-hard-surface/etc rules within the buffer.
The declaration paperwork and buffer monument installation are unrelated to the leave sod vs remove sod
question, so feel free to contact me with any questions on the former while we wrap up the latter.
Thanks!
Beth Brown
Permitting Technician
Certified Wetland Delineator
Minnehaha Creek Watershed District
ebrownCa�minnehahacreek.orq
952-641-4504
From: Casey Hoehn fmailto:choehn 19CcDvahoo.coml
Sent: Thursday, October 15, 2015 3:04 PM
To: Elizabeth Brown <EBrownCc�minnehahacreek.orq>; Hoehn, Jill (JHoehn(a�tcfbank.com)
<JHoehnCc�tcfbank.com> �
Cc: Theresa Zerby <TZerbvC�minnehahacreek.orq>; 'Melanie Curtis' <MCurtis(a�ci.orono.mn.us>
Subject: Re: 13-400 - 2325 Glendale Cove Follow-Up
Thank you for the follow-up Beth.
The map you included was never referenced by Courtney and the agreement in terms of the re-vegetation area that we have completed
was all that was discussed. As stated earlier,we are not willing to tear up any more sod or do anything else at our expense as we are
in this position based on the initial approval from the MCWD on what our landscape boundary was allowed to be before we started any
work. Quite honestly we have spent A LOT of time,money and worry on this issue to do the right thing and compromise. The City of
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Orono has been more than helpful and they and Melanie went out of their way to understand our situation and help guide us through a
resolution(taking into account how we ended up there in the first place). The plan we submitted that Courtney approved addressed an
approximate buffer replanting area of 750 ft. (which Courtney even verbally discussed in a meeting I had with her in the MCWD offices
as'a couple feeY along the boulder wall). I used a tape measure our backyard to approximate the area and used red marker on a lot
map we had to illustrate location of the area we agreed to plant with native grass(the approved plan I submitted is attached). Again,
my approach and all of this was done without any push back or non agree-ability at the time from the MCWD. We believe that we have
gone out of our way to accommodate all that has been asked of us and we are simply pleading that the Watershed step up and take
ownership of the fact they gave us the boundary approval that got us into this issue. We are more than willing to put up the necessary
monuments and monitor the area as discussed. Please let me know if you would like to sit down to discuss further at your
convenience.
Sincerely,
Casey Hoehn
On Thursday, October 15, 2015 2:18 PM, Elizabeth Brown <EBrownCcD_minnehahacreek.orq>wrote:
Hi Casey,
Thanks again for your email. MCWD has determined that to honor your & Courtney's
correspondence, the course of action moving forward shall be:
1. As previously discussed, the recorded property declaration for the buffers needs to be fixed so
that it depicts the retaining wall. As mentioned in my previous correspondence, this is important
because it will protect you (and future landowners) from any misunderstandings regarding the
retaining wall's presence in the recorded buffer.
a. I have attached to this email the draft declaration that our legal counsel prepared.
All that you have to do is add the date; add your & Jill's signatures; and have your
signatures notarized.
i. If there is a mortgage holder on the property then the
"consent and subordination" page must be completed, as well. If you have
questions about this, I have CC'd Theresa, our Permitting Clerk, who can help
answer your questions.
b. After you have done the above, please bring the completed paperwork to our office
for us to finish processing.
2. While conducting inspections in Glendale Cove, MCWD noted that only a �1-2' strip of the buffer
area that you and Courtney agreed in February must be revegetated has been addressed - not the
entire red area indicated in your plan last winter. You can see in the exhibit at the end of the attached
declaration paperwork (georeferenced and scaled by our engineer to depict the same buffer
boundaries that were included in your plan) that the buffer area behind the retaining wall is up to 10'
wide at some points. In accordance with your plan and with Courtney's February approval, this
remaining sodded buffer area must be unsodded, decompacted, and seeded with the
approved native seed mix. Our inspection report is attached.
3. The three buffer monuments that we previously discussed should now be installed at the
locations depicted in the exhibit, either before or immediately after the sodded buffer area is seeded.
These can be picked up for$2/each at MCWD offices when you bring in the declaration paperwork.
In short, let's work together to make sure that the agreed-upon buffer plan is executed and that the
declaration gets updated.
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. , ,
Please let me know if you have any questions!
Beth Brown
Permitting Technician
Minnehaha Creek Watershed District
ebrownCa�minnehahacreek.orq
952-641-4504
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