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HomeMy WebLinkAboutRe: landscaping/Henn Co ROW Melanie Curtis From: Smyth, John R [John.Smyth@bonestroo.com] Sent: Friday, June 05, 2009 12:05 PM To: 'Lincoln@yardscapesinc.com' Cc: Melanie Curtis Subject: Ebertz Property Buffer Modification Attachments: image001.jpg; SB227-Konic09060509450.pdf Lincoln, I have discussed the buffer modifications with the City and per the ordinance we are allowed to provide some buffer flexibility if we feel we can get adequate replacement functions with the modification. In this situation I would encourage a modification that has a buffer layout similar to the"hour glass"design as presented on the attached exhibit. The benefits to the owner is access and some turf grass space directly adjacent to the lake. The benefit to the water resources is filtering of the nutrients of most of the lawn due the shape of the buffer. This would require you to make up the buffer area lost due to this design modification somewhere else on the property. As we discussed on site - the most benefit would come from the northeast side of the property directly adjacent to the lake, where there is currently not a buffer. If you would like to proceed with a buffer modification please present a plan. The revised plan would need to provide the proposed location of the buffer and a comparison of existing square footage of buffer with the current plan to the modified plan. The plan should include proposed species to be seeded and/or planted with quantities and a vegetative maintenance plan for the first three years of native vegetation development. The plan should be provided to Melanie Curtis and myself for consideration. Please contact me if you have questions. John Smyth Associate Tel 651-604-4708 Cell 651-775-5104 o h n.smyth @ bo nestroo.corn Bonestroo From: 8227@bonestroo.com [ma iIto:B227@bonestroo.com] Sent: Friday, June 05, 2009 10:46 AM To: Smyth, John R Subject: Message from KMBT_C550 1 EXAMPLES TYPICAL LAKESHORE SITES ---�_ TRANSFORMED 8Y LAKESCAPING = - -- - 1) In an open prairie landscape mowed TyM1 lawn is the standard landscape treat- =_ ment. Few wildlife species are able make this site their home because of ' the lack of food and cover. Water quality declines as debris and fertiliz- ers wash into the lake. 1x ,4 2) Lakescaping can begin by planting a buffer zone along the lake, both in M and out of the water. Planting the kut s native grasses and wildflowers that grow best in this environment create a "filter" that catches blowing debris and that also provides habitat for birds, butterflies, mammals, and fish. ' -ALKAL _ 3) Eventually additional native vegeta- tion can be planted to maximize habitat and concentrate lawn to v those areas actively used. The beach can be reduced in size and lake vege- tation planted to protect soil from 'K washing into the lake due to wave action. 43 8 L—kcape designs by Fred Ro-malsk, i Melanie Curtis From: Melanie Curtis Sent: Friday, June 05, 2009 11:06 AM To: 'tim@steinerkoppelman.com' Cc: 'lincoln@yardscapesinc.com'; 'don naebertz@att.net'; Lyle Oman; Willie Gibbs Subject: RE: 1220 Tonkawa - Building permit 2009-00195 Tim I am just following up on the after-the-fact building permit for the entrance monuments at 1220 Tonkawa Rd. It is my understanding that neither the County or the City will permit entrance monuments to be constructed within the right- of-way. The monument shown on the submitted survey should be removed as it is violation due to the location. Please call me to discuss this matter at your earliest convenience. Melanie Mer.aNie CuRTiS I ^m 952.249.4627 1 mcurtis@ci.orono.mn.us From: Melanie Curtis Sent: Thursday, May 07, 2009 1:42 PM To: 'tim@steinerkoppelman.com' Cc: 'lincoln@yardscapesinc.com'; donnaebertz@att.net; Lyle Oman; Willie Gibbs Subject: 1220 Tonkawa - Building permit 2009-00195 Tim I have received the after-the-fact permit application and the site plan for the monuments constructed at 1220 Tonkawa Road. The permit will not be issued until the City receives a survey showing the location of the monuments so it may be verified that they have been constructed in a conforming location. Please submit a revised certificate of survey showing the location of the monuments and our review of the application will continue. Please let me know if I can answer any questions on this matter. Thank you, Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtisCcDci.orono.mn.us Website: www.ci.orono.mn.us 1 4 -% Melanie Curtis From: Melanie Curtis Sent: Friday, June 05, 2009 11:22 AM To: 'Tim O'Connor' Subject: RE: 1220 Tonkawa - Building permit 2009-00195 Please submit the documentation once you receive it. Upon receiving this the City Council will need to review and ultimately approve the location as well. McLaNie CuRTiS 1 2 952.249.4627 1 mcurtis@ci.orono.mn.us From: Tim O'Connor [mailto:tim@steinerkoppelman.com] Sent: Friday, June 05, 2009 11:18 AM To: Melanie Curtis Subject: RE: 1220 Tonkawa - Building permit 2009-00195 They did a site inspection a week ago and said it would be fine, we are waiting for documentation -----Original Message----- From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Friday, June 05, 2009 11:15 AM To: 'Tim O'Connor' Cc: lincoln@yardscapesinc.com; donnaebertz@att.net; Lyle Oman; Willie Gibbs Subject: RE: 1220 Tonkawa - Building permit 2009-00195 1 have not seen any documentation from the County permitting the monument in its current location. I spoke with Dave Zetterstrom shortly after receiving the survey from Jeff and he told me the County's policy was to keep all permanent structures outside of the right-of-way. This is consistent with the City's policy as well. McLaNic CuRTiS I W 952.249.4627 1 mcurtis@ci.orono.mn.us From: Tim O'Connor [mailto:tim@steinerkoppelman.com] Sent: Friday, June 05, 2009 11:12 AM To: Melanie Curtis Cc: lincoln@yardscapesinc.com; donnaebertz@att.net; Lyle Oman; Willie Gibbs Subject: RE: 1220 Tonkawa - Building permit 2009-00195 It is my understanding that Caroline at the county was going to permit the monument in the right of way -----Original Message----- From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Friday, June 05, 2009 11:06 AM To: 'tim@steinerkoppelman.com' Cc: 'lincoln@yardscapesinc.com'; 'don naebertz@att.net'; Lyle Oman; Willie Gibbs Subject: RE: 1220 Tonkawa - Building permit 2009-00195 Tim I am just following up on the after-the-fact building permit for the entrance monuments at 1220 Tonkawa Rd. It is my understanding that neither the County or the City will permit entrance monuments to be constructed within the right-of-way. The monument shown on the submitted survey should be removed as it is violation due to the location. 1 Please call me to discuss this matter at your earliest convenience. Melanie McLaNie CuRTis I oW 952.249.4627 1 mcurtis@ci.orono.mn.us From: Melanie Curtis Sent: Thursday, May 07, 2009 1:42 PM To: 'tim@steinerkoppelman.com' Cc: 'lincoln@yardscapesinc.com'; donnaebertz@att.net; Lyle Oman; Willie Gibbs Subject: 1220 Tonkawa - Building permit 2009-00195 Tim I have received the after-the-fact permit application and the site plan for the monuments constructed at 1220 Tonkawa Road. The permit will not be issued until the City receives a survey showing the location of the monuments so it may be verified that they have been constructed in a conforming location. Please submit a revised certificate of survey showing the location of the monuments and our review of the application will continue. Please let me know if I can answer any questions on this matter. Thank you, Melanie Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtis(dci.orono.mn.us Website: www.ci.orono.mn.us 2 Melanie Curtis From: Melanie Curtis Sent: Thursday, May 21, 2009 10:21 AM To: 'lincoln@yardscapesinc.com'; 'tim@steinerkoppelman.com' Cc: Soren Mattick; donnaebertz@att.net;john.smyth@bonestroo.com Subject: Information - 1220 Tonkawa Attachments: ebertz_resolution.pdf; admin_ci_orono_mn_us_20090430_105531.pdf; admin_ci_orono_mn_us_20090430_165705.pdf; PC Report.doc Lincoln I have attached the signed variance approval resolution as well as the information in included in my previous email 1.A letter from Evelyn Turner indicating that as part of the building permit/variance process an easement and covenant over the wetland and wetland buffer areas was required. Further the construction of the home triggered the wetland ordinance requirement that a buffer be established and maintained (see page 3 of 5, item 3) ; and 2.A memo from our wetland specialist,John Smyth, indicating the necessary steps to improve and establish the required buffer in order to comply with the wetland regulations; and 3.A copy of the staff report -see page 3. The Wetland regulations were updated in 2005, thus any permit or activity since that time that triggers the application of the ordinance is required to comply with the wetland regulations. As part of the variance process/building permit review John Smyth prepared the attached memo. The City will not issue a final Certificate of Occupancy for the new home until all variance and permit requirements are satisfied. Please contact me with any questions. Thank you, Melanie Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtis(&ci.orono.mn.us Website: www.ci.orono.mn.us 1 Melanie Curtis From: Melanie Curtis Sent: Thursday, May 07, 2009 1:42 PM To: 'tim@steinerkoppelman.com' Cc: 'lincoln@yardscapesinc.com'; donnaebertz@att.net; Lyle Oman; Willie Gibbs Subject: 1220 Tonkawa- Building permit 2009-00195 Tim I have received the after-the-fact permit application and the site plan for the monuments constructed at 1220 Tonkawa Road. The permit will not be issued until the City receives a survey showing the location of the monuments so it may be verified that they have been constructed in a conforming location. Please submit a revised certificate of survey showing the location of the monuments and our review of the application will continue. Please let me know if I can answer any questions on this matter. Thank you, Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtis(fti.orono.mn.us Website: www.ci.orono.mn.us 1 Melanie Curtis From: Melanie Curtis Sent: Friday, May 01, 2009 11:15 AM To: 'lincoln@yardscapesinc.com' Subject: FW: 1220 Tonkawa Rd -Wetland & landscaping information Attachments: admin_ci_orono_mn—us_20090430_105531.pdf; admin_ci_orono_mn_us_20090430_ 165705.pdf Lincoln—Sorry I forgot the "inc" portion of your email address. McLaNie CuRTiS 1 m 952.249.4627 1 mcurtis@ci.orono.mmus From: Melanie Curtis Sent: Thursday, April 30, 2009 4:46 PM To: 'tim@steinerkoppelman.com'; 'lincoln@yardscapes.com' Cc: donnaebertz@att.net; Lyle Oman; Willie Gibbs Subject: 1220 Tonkawa Rd - Wetland & landscaping information Lincoln Danforth &Jeff Froehle: Thank you for stopping in yesterday to discuss your plans for 1220 Tonkawa Road. I researched the files for the property and came across the attached information—Wetland Covenant&Conservation Easement and letter from Evelyn Turner as well as the initial wetland review letter from our engineer. This letter indicates that a plan should be submitted for our review which should include removal of turf grass and invasive species (Buckthorn) from the buffer areas. A wetland buffer planting plan and buckthorn removal plan must be submitted for review and the covenant&easement document must be signed and submittedrip or to the issuance of a Final Certificate of Occupancy for the residence. As a reminder,there is no hardcover permitted within the 0-75' zone—including the firepit and walkway to the lake as shown on your plan. These items must be removed from the plan and are not allowed. Please submit the permit application for the entrance monuments along with the monument plans/design,footing detail, and the monuments shown on the survey. A double fee will be applied to this permit as they have been constructed without proper, prior City authorization. After speaking with the other staff, it is clear the entrance monuments will need to be shown on the survey by the surveyor to assure their location is shown correctly for the record. I apologize for any confusion this may have caused you. Let me know if I can be of further assistance. Thank you, Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 1 + Melanie Curtis From: Melanie Curtis Sent: Thursday, April 30, 2009 4:46 PM To: 'tim@steinerkoppelman.com'; 'lincoln@yardscapes.com' Cc: donnaebertz@att.net; Lyle Oman; Willie Gibbs Subject: 1220 Tonkawa Rd -Wetland & landscaping information Attachments: admin_ci_orono—mn—us-20090430-105531.pdf; admin_ci—orono—mn—us-20090430- 165705.pdf Lincoln Danforth &Jeff Froehle: Thank you for stopping in yesterday to discuss your plans for 1220 Tonkawa Road. I researched the files for the property and came across the attached information—Wetland Covenant&Conservation Easement and letter from Evelyn Turner as well as the initial wetland review letter from our engineer. This letter indicates that a plan should be submitted for our review which should include removal of turf grass and invasive species (Buckthorn) from the buffer areas. A wetland buffer planting plan and buckthorn removal plan must be submitted for review and the covenant&easement document must be signed and submittedrip or to the issuance of a Final Certificate of Occupancy for the residence. As a reminder,there is no hardcover permitted within the 0-75' zone—including the firepit and walkway to the lake as shown on your plan. These items must be removed from the plan and are not allowed. Please submit the permit application for the entrance monuments along with the monument plans/design,footing detail, and the monuments shown on the survey. A double fee will be applied to this permit as they have been constructed without proper, prior City authorization. After speaking with the other staff, it is clear the entrance monuments will need to be shown on the survey by the surveyor to assure their location is shown correctly for the record. I apologize for any confusion this may have caused you. Let me know if I can be of further assistance. Thank you, Melanie Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtis .ci.orono.mn.us Website: www.ci.orono.mn.us 1 F1Hennepin County Transportation Department 1600 Prairie Drive 612-596-0300,Phone Medina,MN 55340-5421 763-478-4000,FAX 763-478-4030,TDD www.hennepin.us August 7, 2009 Michael Ebertz 1220 Tonkawa Road Orono, MN 55356 Re: Landscaping whin Hennepin-County-Right-af Way Dear Dr. Ebertz: In accordance with a conversation with you, we're extending the deadline for relocating the monumental posts to November 1, 2009. This is following the scheduled dates for meeting with City personnel to obtain a building permit for this project. Also, in accordance with a conversation during our field meet, we are allowing you to maintain the arbor vitae in the Right-of-Way providing that they are pruned at least 5 feet back from edge of bituminous surface. If they need to be removed at a later date, for any reason including construction activities, we will ask you in writing. Relocation will be done in a timely manner without cost to the County. Thank you for your cooperation in resolving this issue. If you have further questions regarding this issue, feel free to contact me at: 612-596-0336. Sincerely, Carolyn Fackler, P.E. Permits Engineer Cc: Melanie Curtis, City of Orono RECEIVED AUG 1 9 2009 CITY OF ORONO An Equal Opportunity Employer 2ecycle 4 r r July 6, 2009 Michael Ebertz 1220 Tonkawa Road Orono, MN 55356 Re: Landscaping within Hennepin County Right-of-Way Dear Mr. Ebertz: The City of Orono had informed us a month ago that you are using Hennepin County right-of-way for a monumental post and shrubbery. The installation of permanent fixtures in County right-of-way is against State Statute and Hennepin County Ordinance. The plantings and the monumental post are within the operational clear zone and must be removed. Unfortunately, your contractor failed to obtain a City of Orono Building Permit. If they had, these issues would have been brought to your attention at that time and relocation could have been avoided. To remain in compliance with a letter written to you from the City of Orono, please have the plantings and the monumental post removed from Hennepin County Right-of-Way no later than July 23rd, 2009. If the items are not removed by that time, this issue will be brought to the Hennepin County Attorney's Office. Thank you for your cooperation in resolving this issue. Sincerely, Carolyn Fackler Permits Engineer c. Eric Drager Melanie Curtis, City of Orono Julie Bowman, County Attorney's Office r Melanie Curtis From: Carolyn.Fackler@co.hennepin.mn.us Sent: Thursday, July 09, 2009 10:11 AM To: Greg.Chock@co.hennepin.mn.us Cc: Melanie Curtis Subject: 1220 tonkawa rd Attachments: 1220 Tonkawa.doc Good morning, This is the letter that I plan to send to Dr. Ebertz at 1220 Tonkawa Rd. I drove past the driveway last night and noticed that the shrubbery were planted in a solid line on a concave arch starting at the ROW line to roughly 5' from fog line with wood chips placed up to the edge of bit. This is against our landscaping guidelines. Also, a neighbor had called saying that she can't see to leave her driveway. Now I understand why. Anyway, please let me know if you'd like to see any changes made to my letter, or in you have any further questions on the issue. Julie Bowman, County Attorney's office, has read it and only thought that we should give them more time to complete the removal. We usually give people a month from date of letter. I was going to use August 10th, until I found that the City had originally set the date of June 23rd in a letter to the homeowner dated July 2nd. Thoughts? Thanks, Carolyn M. Fackler Permits Engineer Hennepin County Public Works 1600 Prairie Drive Medina,MN 55340 Office:612.596.0336 Fax:763.478.4002 Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 1 Hennepin County Transportation Department . • 1600 Prairie Drive 612-596-0300,Phone Medina,MN 55340-5421 763-478-4000,FAX 763-478-4030,TDD www.hennepin.us July 16, 2009 Michael Ebertz 1220 Tonkawa Road Orono, MN 55356 Re: Landscaping within Hennepin County Right-of-Way Dear Dr. Ebertz: The City of Orono had informed us a month ago that you are using Hennepin County right-of-way for a monumental post and arbor vitae. The installation of permanent fixtures in County right-of-way is against State Statute and Hennepin County Ordinance. The arbor vitae and the monumental post are within the operational clear zone and must be removed. Unfortunately, your contractor failed to obtain a City of Orono Building Permit. If they had, these issues would have been brought to your attention at that time and relocation could have been avoided. Please have the arbor vitae and the monumental post removed from Hennepin County Right-of-Way no later than August 15th, 2009. If the items are not removed by that time,this issue will be brought to the Hennepin County Attorney's Office. Thank you for your cooperation in resolving this issue. If you have further questions regarding this issue, feel free to contact me at: 612-596-0336. Sincerely, Carolyn Fackler, P.E. Permits Engineer c. Eric Drager Melanie Curtis, City of Orono Julie Bowman, County Attorney's Office An Equal Opportunity Employer Recycled Poper Melanie Curtis From: Carolyn.Fackler@co.hennepin.mn.us Sent: Friday, July 17, 2009 2:28 PM To: Melanie Curtis Cc: Eric.Drager@co.hennepin.mn.us Subject: RE: 1220 Tonkawa Road Attachments: 2O09O717142516840.pdf Melanie, This is what was finally sent. It was mailed today. Thanks, Carolyn M. Fackler Permits Engineer Hennepin County Public Works 1600 Prairie Drive Medina,MN 55340 Office:612.596.0336 Fax:763.478.4002 Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. Melanie Curtis From: Mike Gaffron Sent: Monday, June 15, 2009 3:55 PM To: Jim White Cc: Bill Wells; Melanie Curtis Subject: Ebertz Entrance Monuments @ 1220 Tonkawa Jim— I understand from Bill that you've been contacted about the Ebertz's entrance monuments that were constructed without a permit in an illegal location. Melanie has been on top of this from the start, but she is out this week, so I'm pinch-hitting. Here's a brief history of the issue: Last week of April—Staff found entrance monuments under construction without a permit, put up a Stop Work Order. April 30— Melanie emailed Steiner& Koppelman (S&K) about the need for a permit and survey showing the location of the monuments. May 1 —Tim O'Connor of S&K submitted an after-the-fact permit application for the monuments, absent the required survey. May 7—Melanie emailed acknowledgement of the application and noted we could not issue permit until survey received confirming legal location. May 14—City received survey indicating that one of the two monuments was in County right-of-way. May 18—Staff discussion with Hennepin Co.'s Dave Zetterstrom, who indicated he would contact Jeff Froehle of S&K that the offending monument must be removed from the right-of-way. June 5— Melanie follow-up email to O'Connor of S&K indicating the monument should be removed as it is a violation of City and County regulations. O'Connor responded same day indicating that`Caroline' at the County had told him it was OK to stay in place. Melanie responded back that this is inconsistent with what she had been told by Zetterstrom, and that she needed written confirmation from the County. O'Connor indicated they (Caroline et al?) had inspected it a week ago and said it would be fine. Melanie responded that she needed documentation, but they will still need City Council approval and a City permit. Week of June 8-12—Melanie pointedly discussed the matter by phone with `Caroline' who then agreed to follow the City's lead on this and not permit the monument to remain in the right-of-way. Caroline would follow up with a letter to S&K and cc the City. This position is consistent with long-standing City and County practice. It is usually the County asking the City to back them up when something is in the County right-of-way. Caroline's initial lenient position was not tenable in the big picture. June 13-14-15 ?—Apparently the Ebertz's contacted you (Mayor White) looking for assistance. As of today we have not received a copy of letter from the County to S&K. Staff's position remains that the monument must be relocated onto the property and can't stay within the right-of-way. I will keep you informed of any new developments. Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address)P.O. Box 66,Crystal Bay,MN 55323 Phone: (952)249-4600 Fax: (952)249-4616 1