HomeMy WebLinkAbout2016-01078 - land alteration CITY OF ORONO * z 0 1 s - 0 1 0 7 s
2750 KELLEY PARKWAY DATE ISSUED: 11/07/2016
ORONO,MN 55356-
(952)249-4600 FAX: (952) 249-4616
ADDRESS : 895 TONKAWA RD
PIN : 08-117-23-21-0019
LEGAL DESC : RICHIE ADDITION
LOT 002 BLOCK 001
PERMIT TYPE ZONING PERMIT
PROPERTY TYPE RESIDENTIAL
CONSTRUCTION TYPE LAND ALTERATION(501+CU YDS)
NOTE: MAJOR LAND ALTERATION PERMIT FOR GRADING AND RE-VEGETATION
APPLICANT MAJOR LAND ALTERATION 50.00
AFTER-THE-FACT FEE 50.00
STONEWOOD,LLC TOTAL 100.00
153 E LAKE STREET Payment(s)
WAYZATA,MN 55391- CHECK 14410 100.00
(612)462-4000
Minnesota State License#:BUIL-BC594315
OWNER
LAHR,CHARLES&THERESA
895 TONKAWA RD
LONG LAKE,MN 55356-
AGREEMENT AND SWORN STATEMENT
The work for which this permit is issued shall be performed according to
the approved plans and specifications,applicable City approvals,and the
State Building Code. This permit is for only the work described and does
not grant permission for additional or related work which requires separate
permits. All provisions of laws and ordinances governing this type of work
shall be compied with whether or not specified herein.This permit will
expire and become null and void if construction authorized is not
commenced within 180 days of the date of issuance,or if construction is
suspended for a period of 180 days at any time after work has commenced.
The applicant is responsible for assuring required inspections are
requested in conformance with the S wilding Code.This permit may be
revoke for due cause.
Applicant Permitee Signature Date Issued BeSignature Date
City of Orono
Zoning Permit Application
Mailing Address: Permit number:
®�® PO Box 66
Crystal Bay,MN 55323-0066 Date received:
Escrow#and
Street Address: amount:
2750 Kelley Parkway
��, � Orono, MN 55356 Permit Fee: C
G
t�k SHO Fax: 952-249-4616 Approved by:
Main: 952-249-4600 Notes:
www.ci.orono.mn.us
This application form mustbecompleted in full and all required information must be submitted, (Please print.)
Job Site Address: 8 ( � To/ i "L" 0�
CONTRACTOR/APPLICANT INFORMATION:
Name: S-10I!P _,&Y,/ r .[- G
Phone: E l l , tc 1 n®o Fax:
Address: Ci : Ic zA ZIP: SSS 9
Contact Person: Contaao� ct's phone n er _ q S—„L
Email (4-0,/O- S,S,nc�Oo t, Con Applicant is: Contractor Homeowner (Circle One)
PROPERTY OWNER INFORMATION:
Name: GL.t,G�—
Phone (day): q of{- S/C. .L 6 Q
Mailing Address: j{G�,f L®r/l P e Sc�M^ .� iYA ZIP- tj 7 go I
Email and/or Fax 4 3 cfl ,r,. :L s�►y.
Overall Project Description:
Check
TYPE OF PERMIT FEE
Box collected when permit is issued
Dock,Commercial $50+engineering review costs
Escrow for erosion control and engineering review costs $2,000
Dock, Residential — Permanent dock on any lake or initial seasonal dock not on Lake $50+engineering review costs
Minnetonka(permanent dock requires CUP
Hardcover Permit:Driveway, Patio,Sidewalk,etc.(New or Replacement] No charge
Also requires Is a Minor or Major Land Alteration Permit
Land Alteration, Major (grading, filling, or excavating) of more than 500 cubic yards $50
beyond the lakeshore setback OR more than 50 cubic yards within the lakeshore setback
(also requires Conditional Use Permit)
L ference: City Code Sections 78-967.78-1247 and 78-12861
Escrow for erosion control and engineering review costs As determined by CUP
Land Alteration,Minor(grading,filling or excavating)of 51 to 500 cubic yards beyond the $50+engineering review costs
lakeshore setback OR 50 cubic yards or less within the lakeshore setback
!Reference: City Code Sections 78-967 78-1247 and 78-12861
Escrow for erosion control and engineering review costs $2,000
Retaining Walls which exceed two feet in height above existing grade; or result in more $50+engineering review costs
than 20 cubic yards of imported fill;or are located less than five feet from the property line.
Escrow for erosion control and engineering review costs $2,500
[Reference: City Code Section 78-1405!5.1)1
Retaining Walls which measure more than four feet(from bottom of footings to top of wall)
require a building permit. Tiered retaining walls are considered one wall unless the walls
are se arated by twice the height of the lower wall.
Stairway or Lifts to Lake(New or Replacement) !Reference: City Code Sections 78-12821 $50+engineering review costs
Escrow for erosion control and engineering review costs $2,000
Structure Permit for other structures 200 sf or less not requiring a building permit but $50+engineering review costs
regulated by the zoning code PReference: City Code Section 86-661
Escrow for erosion control and engineering review costs $2,500
Tree Removal or other vegetation removal within 75 feet of lakes No charge.
[Reference: C' Code S 1 n 8-1285 Pre-Inspection required.
Tem ra Construction Office/Trailer associated with building permit) $30
Updated: May 2015
APPLICANT/OWNER ACKNOWLEDGEMENT:
• Applicant?Owner agrees to provide all information required or requested by the Planning Department;
• Owner agrees to pay the City of Orono for engineering consultant review costs where applicable;
• Applicant(Owner certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes
that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no
alternative but to reject it until it is complete;
• Applicant acknowledges the attached Escrow Agreement is completed and signed by Owner;
• ApplicantOOwner understands their project may require an initial and/or ss-built survey per City Code Section 86-M.
• Some or all of the information that you are asked to provide on this application is classified by State law as either private or
confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data.
Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and
intended use of this information is to annually update our records and records of other governmental agencies required by law. If
you refuse to supply the Information the application may not be issued.
The undersigned certify that the inform i ed is true to the best of their knowledge.
Applicant's Signature: / Date: 7Z/`
Property Owner's Signature: Date: 6/27/16
SUBMISSION REQUIREMENTS: Except for tree removal permits, all permits require a completed
TYPE OF PERMIT: application form,escrow agreement(signed by the property owner)and escrow check from owner,
two copies of each,where applicable,plans,landscape plans,grading plans,surveys or she plans.
Dock,Commercial 1. Structural plans for the dock
2. Survey/sIte plan showing the proposed location of the dock
3. Copy of LMCD permit
Dock,Residential Seasonal Dodc-survey showing proposed dodo
Permanent Dock-plans as approved by CUP and copy of LMCD permit If likable
Hardcover Permit 1. All Minor or Major Land Alteration Permit requirements apply as appropriate
2. Hardcover calculations,existing and proposed
3. Survey
Land Alteration,Major 1. Survey/grading plan including existing and proposed contours as approved by Conditional Use Permit
2. Erosion control plan.
3. A copy of Minnehaha Creek Watershed District(MCWD)permits or documentation from the MCWD stating the
proposed project does not trigger any of their permitting requirements. Please note,the City will not issue a
budding it whhoat information from the MCWD.
Land Alteration,Minor 1. Survey/grading plan including existing and proposed contours
2. Amount of fill to be Imported and/or exported and haul route
3. Amount of earth to be moved around on site
4. Erosion control plan.
5. A copy of Minnahsha Creek Watershed District(MCWD)permits or documentation from the MCWD stating the
proposed project does not trigger any of their permitting requirements. Piepe nota,the Cay will not issue a
building without Information from the MCWD.
Retaining Wall 1. Plans for wall(s)
2. Unless repair or exact replacement of existing wall,submit an updated survey with grading plan including existing and
proposed contours
3. Hardcover calculation worksheets if in shoreland district
4. Erosion control plan
5. A copy of Minnehahe Creek Watershed District(MCWD)permits or documentation from the MCWD stating the
proposed project doss not trigger any of their permitting requirements. Please note,the City will not how a
bulkling peradt without Informatlon from the MCWD.
Stairway or Lilts to 1. Construction plans for stairway or lift,including footings
Lake 2. Topographical survey of property with proposed stairs or lift shown
3. Erosion control plan
4. A copy of Minnehaha Creek Watershed DisMct(MCWD)permits or documentation from the MCWD stating the
proposed project does not trigger any of their permitting requirements. Please note,the City will not issue a
building permit without Information from the MCWD.
Structure Permit 1. Construction plans.
2. Survey/sits plan of property with proposed structure shown and with setbacks to property Ones,other structures on
property and the septic system indicated.The general location of any sewer and water services should be shown If
applicable.
3. Grading plan If grading Is proposed.
4. Hardcover calculation worksheets
5. Erosion control plan.
6. A copy of Minnehaha Crook Watershed District(MCWD)permits or documentation from the MCWD stating the
proposed project doss not trigger any of their permitting requirements. Pleae note,the City will not Issue a
build without Intonation from the MCWD.
Tree Removal Call: 952-249-4600 to schedule an inspection for removal of an individual tree(s). A re-planting plan/erosion control/
man M plan may be required for dear cutting,buddhom or other intensive vegetation removal,
Updated: May 2015
'Melanie Curtis
From: Melanie Curtis
Sent: Friday, January 08, 2016 1:22 PM
To: 'David Eggert'; Gustafson, Sven
Cc: 'Mark Hauri'; Jeremy Barnhart; EBrown@minnehahacreek.org; Mark Gronberg
Subject: RE: Permit 2015-00085 for 875 Tonkawa- Revised Plans
Hi David
I hope you survived the holidays... I did, barely.
Regarding Lahr's project, I believe we are still waiting for submittal of a revised grading plan responding to the City's
engineering comments. The most current survey has a revised date of 11/17/15 (which is the basis for Adam Edwards'
comments below) and a landscape plan from Mark Hauri dated 11/05/15. If there is more recent plan I don't have a
copy.
Please have the comments addressed with a revised survey/grading plan at your earliest convenience.
Thanks!!
Melanie
Melanie Curtis
2952.249.4627 ®mcurbs@ci.orono.mn.us
From: David Eggert [mailto:David@stonewood.com]
Sent: Monday, November 30, 201511:06 AM
To: Melanie Curtis<MCurtis@ci.orono.mn.us>; Gustafson,Sven<Sven@stonewood.com>
Cc:'Mark Hauri'<mark@wlandscapes.com>;Jeremy Barnhart<jbarnhart@ci.orono.mn.us>;
EBrown@minnehahacreek.org; Mark Gronberg<markg@gronbergassoc.com>
Subject: Re: Permit 2015-00085 for 875 Tonkawa- Revised Plans
Hello Melanie,
Thank you for your response to our proposed grading plan. We will work to address all comments as follows:
-We will/are having the calculations ran for the cut/fill on this portion of the project.
-We will address the drainage concerns and assure lot 2&3 will not be negatively impacted.
- Erosion control is in place now as a continuos control over the 2 lots. We will continue/further control as
needed.
- Lines 3-6 will be addressed as requested.
Thank you again and we will be in touch soon,
David Eggert
Stonewood, LLC
153 East Lake Street
Wayzata, MN 55391
612-462-4000 Office
952-905-9056 Cell
i
Y
952-697-5591 Fax
www.Stonewood.com
www.stonewood.com
From: Melanie Curtis<MCurtis@ci.orono.mn.us>
Sent:Tuesday, November 24, 2015 4:03 PM
To:Gustafson,Sven
Cc: 'Mark Hauri; David Eggert;Jeremy Barnhart; EBrown@minnehahacreek.ore; Mark Gronberg
Subject: FW: Permit 2015-00085 for 875 Tonkawa- Revised Plans
Sven
The City Engineer has reviewed the revised grading plan for Lahr. Please see the following comments from engineering
and planning staff on the revised plan:
1. The fill being imported into Lot 2 appears to exceed 500 cubic yards. The applicant should provide fill calculations
on the survey. If the material exceeds 500 cubic yards then a CUP will be required.
2. Further the grading as proposed appears to situate most of the fill material to the southern side of Lot 2,
potentially impacting drainage and trees on Lot 2 as well as adjacent Lot 3.
3. The plan does not indicate the erosion control measures proposed or the measures that should be currently in
place on the site.
4. The drainage swale on the southern property line of Lot 2 appears to direct run off toward the bluff. A
mechanism to disperse and slow down water should be designed.
5. Retaining walls on Lot 1 do not have top and bottom of wall elevations shown as required by city survey
standards.
6. Neither the grade of the driveway nor the topography on the adjacent property(50-feet) is depicted as required
per city survey standards.
Please make the above corrections to the survey and provide the additional information requested. A copy of the MCWD
stockpile permit should be provided which allows the materials to remain on Lot 2. Please note, the project may have
reached a level which will require approval of a conditional use permit by the City council. A staff determination will be
made upon receipt of the material totals.
Thank you
Melanie
Sec. 78-966.-Prohibition.
(a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional
use permit issued by the council:
(1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits
of the city.
(2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing
natural grade.
(3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property.
(b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78-1.Granting
of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances
of other governmental bodies.
(Code 1984, § 10.03(19); Ord.No. 163 2nd series, § 1, 12-8-1997)
Sec.78-967.- Exception.
2
f
Melanie Curtis
From: Melanie Curtis
Sent: Tuesday, November 24, 2015 4:03 PM
To: 'Gustafson, Sven'
Cc: 'Mark Hauri'; 'David Eggert'; Jeremy Barnhart; EBrown@minnehahacreek.org; Mark Gronberg
Subject: FW: Permit 2015-00085 for 875 Tonkawa-Revised Plans
Attachments: Lahr Grading Survey.pdf
Sven
The City Engineer has reviewed the revised grading plan for Lahr. Please see the following comments from engineering
and planning staff on the revised plan:
1. The fill being imported into Lot 2 appears to exceed 500 cubic yards. The applicant should provide fill
calculations on the survey. If the material exceeds 500 cubic yards then a CUP will be required.
2. Further the grading as proposed appears to situate most of the fill material to the southern side of Lot 2,
potentially impacting drainage and trees on Lot 2 as well as adjacent Lot 3.
3. The plan does not indicate the erosion control measures proposed or the measures that should be currently in
place on the site.
4. The drainage swale on the southern property line of Lot 2 appears to direct run off toward the bluff. A
mechanism to disperse and slow down water should be designed.
5. Retaining walls on Lot 1 do not have top and bottom of wall elevations shown as required by city survey
standards.
6. Neither the grade of the driveway nor the topography on the adjacent property (50-feet) is depicted as required
per city survey standards.
Please make the above corrections to the survey and provide the additional information requested. A copy of the MCWD
stockpile permit should be provided which allows the materials to remain on Lot 2. Please note, the project may have
reached a level which will require approval of a conditional use permit by the City council. A staff determination will be
made upon receipt of the material totals.
Thank you
Melanie
Sec. 78-966.-Prohibition.
(a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional
use permit issued by the council:
(1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits
of the city.
(2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing
natural grade.
(3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property.
(b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78-1.Granting
of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances
of other governmental bodies.
(Code 1984, § 10.03(19); Ord.No. 163 2nd series, § 1, 12-8-1997)
Sec.78-967. - Exception.
(a) The requirements of section 78-966 are not intended to govern the following land alteration activities:
(1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the
driveway serving such building.
1
i
tt (2) Any earth movement less than 500 cubic yards which does not adversely impact the existing drainage.
(3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all lakes enumerated in
article IX of this chapter.
(b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a
building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted.
Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration
permit shall be required.Any unusual land alterations, including earth filling,removal or grading,proposed'by a builder
shall be subject to a conditional use permit as provided for in this chapter. The following landalterations shall be
considered as unusual land akerations:
(1) All excavations,for foundations in ex€ess of 12 fleet average depth if any amount of the excess material removed'
glow 12 feet depict is to be stockpiled on the site.,
(2) Any additional fill brought on site In excess of 500 cubic yards,except for fill required to raise grade for adequate
ft footing protection,'the intent Ding that structures shall not be artificially raised above the,preexisting
surrounding topography.
( ) GraditV,or alterations that would propose any changes in elevations within five feet of adjacent residental lot
lines except for drainage swales and ditches.
(c) The building inspector shall have the authority to refer any requests for land alteration permits to the city council for j
review and approval in instances where the land alteration appears to potentially create negative impacts or be not In
keeping with the goals and policies of the community management plan.
(Code 1984, § 10.03(21); Ord. No. 163 2nd series, § 2, 12-8-1997; Ord.No. 171 2nd series, § 1, 4-4-1998; Ord.
No. 133 3rd series, § 1, 1-26-2015)
Sec. 78-968.- Permit.
An application for a conditional use permit shall be accompanied by a drawing made by a registered surveyor or other
competent person showing the location of the proposed excavation or storage and shall state the amount of material which
is to be removed, excavated or stored, filled or graded, and such other information as the council may require. Applications
shall be filed with the city administrator and shall be accompanied by a deposit to be determined by the city, which will be
used to offset the cost of processing the application. Any unused portion will be refunded to the applicant.
(Code 1984, § 10.03(20))
Melanie Curtis, Planner
Direct 952.249.4627
Planning &Zoning Office 952.249.4620
2750 Kelley Parkway, Orono, MN 55356
Email: mcurtisca)ci.orono.mn.us
Website: www.ci.orono.mn.us
Melanie Curtis
2952.249.4627 ®mcurtis0ci.orono.mmus
I
From: Mark Hauri [mailto:mark@wlandscapes.coml
Sent: Friday, November 20, 201511:52 AM
To: Melanie Curtis<MCurtis@ci.orono.mn.us>; david@stonewood.com
Cc:clahr43@gmail.com; Chris Wagner<cwagner@wlandscapes.com>; 'Gustafson,Sven (Sven@stonewood.com)'
<Sven @stonewood.com>
Subject:Grading Survey
2
Melanie,
Here is the new grading survey based on the existing approved plan like you needed. I can run some copies into the city
this afternoon also if you need. Let me know and I can come in to review with you.
Mark A.Hauri
Landscape Designer&Sales
Mobile 1651.503.6585
Office 1763.479.2645
Fax 1 763.479.6328
Email mark@wlandscaves.com
Web www.wiandscapes.com
W Landscapes P.O.Box 352 Loretto, MN 0 55357
3
Melanie Curtis
From: Adam Edwards
Sent: Tuesday, November 24, 2015 1:58 PM
To: Melanie Curtis
Subject: RE: Permit 2015-00085 for 875 Tonkawa- Revised Plans
Melanie,
I've reviewed the subject revised grading plan and offer the following comments.
1. The fill being imported into lot one appears to exceed 500 cu yrs. The survey should provide fill calculations. If
it does indeed exceed 500 cu yds then a CUP should be required.
2. The plan does not indicate the erosion control measures proposed of in place on the site.
3. The drainage swale on the southern property line of lot 2 appears to direct run off toward the bluff. A
mechanism to disperse and slow down the any water that makes it that far should be designed.
4. Retaining wall on lot 1 do not have top and bottom of wall elevations as required by city survey standards.
5. The grade of the driveway is not depicted per city survey requirements.
Adam
From: Melanie Curtis
Sent: Monday, November 23,2015 4:14 PM
To:Adam Edwards<aedwards@ci.orono.mn.us>
Cc:Christine Mattson<CMattson@ci.orono.mn.us>
Subject: Permit 2015-00085 for 875 Tonkawa- Revised Plans
Adam
Please see the revised grading plan for the 875 property as well as a grading plan for the 895 Tonkawa lot(attached). A
hard copy is in your INBOX with a revised copy of the landscape plans from Mark Hauri. Please review and provide
comments to me. Note, the surveyor on the project changed and I note the grading on the north side has been modified.
If the amount of material exceeds 500 cubic yards or is"unusual"in nature a CUP can be required. Please comment with
your thoughts on this. See below.
Thank you.
Sec.78-966.-Prohibition.
(a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional
use permit issued by the council:
(1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits
of the city.
(2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing
natural grade.
(3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property.
(b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78-1.Granting
of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances
of other governmental bodies.
1
(Code 1984, § 10.03(19); Ord.No. 163 2nd series, § 1, 12-8-1997)
Sec. 78-967.-Exception.
(a) The requirements of section 78-966 are not intended to govern the following land alteration activities:
(1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the
driveway serving such building.
(2) Any earth movement less than 500 cubic yards which does not adversely impact the existing drainage.
(3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all lakes enumerated in
article IX of this chapter.
(b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a
building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted.
Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration
permit shall be required.Any unusual land alterations,including earth filling,removal or grading,proposed by a builder
shall be'subject to a conditional use permit as provided for in,this chapter. The followingland alterations shall be
considered as unusual land alterations:
(1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed
below 12 feet depth is to be stockpiled on the site.
(2) Any additional fill brought on site in excess of 500 cubic yards,except for fill required to raise grade for adequate
frost footing protection, the intent ging that structures shall not be artificially raised above the preexisting
surrounding topography.
(3) Grading`or alterations that would propose any changes in elevations within five feet of adjacent residential lot
lines except for drainage swales and ditches.
(c) The building inspector shall have the authority to refer any requests for land alteration permits to the city council for
review and approval in instances where the land alteration appears to potentially create negative impacts or be not in
keeping with the goals and policies of the community management plan.
(Code 1984, § 10.03(21); Ord. No. 163 2nd series, § 2, 12-8-1997; Ord.No. 171 2nd series, § 1, 4-4-1998; Ord.
No. 133 3rd series, § 1, 1-26-2015)
Sec.78-968.-Permit.
An application for a conditional use permit shall be accompanied by a drawing made by a registered surveyor or other
competent person showing the location of the proposed excavation or storage and shall state the amount of material which
is to be removed, excavated or stored, filled or graded, and such other information as the council may require. Applications
shall be filed with the city administrator and shall be accompanied by a deposit to be determined by the city, which will be
used to offset the cost of processing the application. Any unused portion will be refunded to the applicant.
(Code 1984, § 10.03(20))
Melanie Curtis
lR952.249.4627 ®mcurtis@ci.orono.mn.us
From: Mark Hauri [mailto:mark@wlandscapes.com]
Sent: Friday, November 20, 2015 11:52 AM
To: Melanie Curtis<MCurtis@ci.orono.mn.us>; david@stonewood.com
Cc:clahr43@email.com; Chris Wagner<cwaener@wlandscapes.com>; 'Gustafson,Sven (Sven@stonewood.com)'
2
<Sven@stonewood.com>
Subject:Grading Survey
Melanie,
Here is the new grading survey based on the existing approved plan like you needed. I can run some copies into the city
this afternoon also if you need. Let me know and I can come in to review with you.
Mark A. Hauri
Landscape Designer&Sales
Mobile 1651.503.6585
Office 1763.479.2645
Fax 1 763.479.6328
Email mark@wlandscages.com
Web www.wiandscapes.com
W Landscapes P.O.Box 352 I Loretto, MN 55357
3
MALKERSON GUNN MARTIN LLP
1900 U.S. BANK PLAZA SOUTH TOWER
220 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE 612-344-1111
FACSIMILE 612-344-1414
CONFIDENTIAL MEMORANDUM
TO: Mike Gaffron
c: Soren Mattick
FROM: Bruce D. Malkerson
DATE: December 1, 2015
RE: Potential Issues Relating to Property at 875 and 895 Tonkawa Road,Orono
Owned by Charles Lahr("Lahr Property")
1. Mike, I have been retained by Al Richie,who owns a vacant lot at 915 Tonkawa
Road, Orono, which is adjacent to the above-referenced Lahr Property.
2. He told me that in two different transactions he sold a total of two lots to Charles
Lahr at the addresses set forth above.
3. Apparently Mr. Lahr hired Sven Gustafson to construct a home on the Lahr
Property. My client is very concerned about a tall and very long berm that has been placed by
the contractor for Mr. Lahr along the eastern boundary of the Lahr Property adjacent to my
client's property. I attach a couple of pictures of that berm.
4. I inspected the property last week and was surprised to see the length and height
of that berm in that location, so close to the shoreline. Among other things,the berm impacts the
view to the lake from my client's property. It may also interfere with the drainage patterns in
this area.
5. My client has spoken on one or more occasions with Jerry(my client did not
know the last name)of the City Planning Staff, or perhaps he is with the Building Department,
and learned that apparently Mr. Lahr and/or his contractor may have commenced excavation and
placed the material in this berm on the Lahr Property without a permit from the City,and perhaps
without a permit from the Minnehaha Creek Watershed District.
1 s2147.DOCX
Mike Gaffron
December 1,2015
Page 2
6. My client said he had checked back later with Jerry and was informed that there
was then a"pencil sketch"of the grading plan or something of that sort now available but the
matter was under investigation and Jerry could not make any other comments. I believe Jerry
did say that the contractor was supposed to submit soon a grading and other plans for approval
by the City.
7. My client is very concerned about the existence of this berm and the proposed
final grade for the Lahr Property. My client has listed his property for sale. He stated that when
the real estate broker recently showed his property to a prospective buyer,that the buyer was
concerned about this large berm being located right next to the property that is for sale and asked
when the berm would be removed, what the approved final grading plan is for the Lahr Property,
etc.
8. Given the above, my client has asked me to ask the City for a copy of the
following:
a. Any application that has been submitted as to the Lahr Property.
b. Any emails or other information to and from Mr. Lahr or his contractor with
the City related to the Lahr Property.
c. All permits,if any,that have been approved by the City in regard to the
construction of the home and grading on the Lahr Property.
9. Since this matter appears to be one which the City has already investigated, I am
copying Soren on this memo.
10. Thank you very much for your review of this memo.
182147.DOCX
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