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2002-2003 - erosion/grading w/o permit
40 0 CITYofORONO It, ' titi// Municipal Offices N41/CZ Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 Gerald Clark 870 Windjammer Lane Mound, MN 55364 May 13, 2002 Dear Mr. Clark: This letter is regarding the erosion problems in the rear of your property. We notified you last fall of the need for a permit for the work that is being done on your property. We still do not have a permit for the property and have not had any contact from you over the past couple of months. During a recent inspection, on May 10, 2002, it was revealed that your property is in need of maintaining the silt fence and adding additional erosion control measures to ensure that your bank does not erode into Lake Minnetonka. We need you to contact Paul Weinberger from our Zoning Department by May 20, 2002 to get your permit process going again. In the meantime we need you to do everything in your power to make sure you keep the erosion to a minimum. If you have any questions please call the number listed below. Sincerely, a/1'Q 6-6 --/?_JY,(-61,., Matt Bolterman Inspector Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us 4i% 0 /;O fr �� CITYofORONO IA V , ti /, Municipal Offices \\l ' l �� � C1.71// Street Address: Mailing Address: \ ICES1101. 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 Gerald Clark 870 Windjammer Lane Mound, MN 55364 May 22, 2002 Dear Mr. Clark: This letter is a second letter regarding the erosion problems in the rear of your property. We notified you last fall and on May 13, 2002, of the requirement for a permit for the work that is being done on your property. We still do not have a permit for the property and have not had any contact from you. We need you to contact Paul Weinberger from our Zoning Department by May 31, 2002 to get your permit process going again. In the meantime we need you to do everything in your power to make sure you keep the erosion to a minimum. If we do not have any contact with you and Paul from our office by that date, we will be forced to turn this over to our legal office. If you have any questions please call the number listed below. Sincerely, Ctt" RAb:21,Pri-et, Matt Bolterman Inspector Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us • $ S � bra' `•mi .. `. �., • h Y 1 , � Y t* ., - J . '� sem^ - .r y 5 z,,,, ' ' ' " "^3 ; 5 * nicer.ti * `ry r r ,,•._,,,.,,,.. ? �..`a ti:0111,e4'''''..1_1... 14:1, z� . # ' ; w -m 5:--$-' "1 . r . a7,. ,w "f , .'-‘------7.1.,--- - �P°4 '* lk "tr � � " a - t a a°au f j" � wren ,, �u" '''''''It.,,?.; "; x-a"F w. wu� F. rot s ' r ,. '` r " " ¢Cs'' ,5E �", c $ ,_7-,,,-,e;- s s .+^"�+rom.g.r ' emsfir D4 , � � .'. -',.. ", 'a f . 4.--41'',:".".,`• E ,+,' P' - § +v" 4 . 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Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 September 10, 2002 Mr. Gerald Clark 870 Windjammer Lane Mound, MN 55364 RE: FINAL NOTICE OF ZONING VIOLATION Dear Mr. Clark: The City of Orono has not received an application for restoration of the lakeshore bank on your property. The City would like to see this issue resolved this construction season. The regrading of your lakeshore is in violation of Municipal Code Section 10.55, Subdivision 8 which prohibits any land alteration within 75' of the lakeshore and Section 10.03, Subdivisions 19-21 which prohibits any land alteration without obtaining a permit. Additionally I believe your bank meets the criteria to be classified as a bluff which any land alteration of a bluff is prohibited by the Shoreland Ordinance. This is a serious matter that does require immediate attention since long term slope stability and erosion are concerns. Please submit engineered drawings of your proposed restoration plan to return the slope to the original grade. I understand you have contacted Gronberg & Associates to complete the survey and engineering work. Your previous deadline has passed. In a prior meeting I provided you with the appropriate application materials. Please submit them with the engineered drawings by September 30, 2002. If the City has not received the materials by that date the City may initiate legal action. Your cooperation would be appreciated. Do not hesitate to contact me should you have any questions. I can be reached at 952- 249-4600. Sincerely, ctlj6(.24A'1-1 aul Weinberger Zoning Administrator Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us * ---'--- is IV O ;: •' • •U.S.POSTAfii• • Ca • :t\ CITY of ORONO '",`" SEP 10 '02 a ]J A N P.O.BOX 66 0 3 7 i. 11' CRYSTAL BAY,MINNESOTA 55323• I 4.1 11 N \eSSHog. ► aio2�47 • Mr. Gerald Clark 870 Windjammer Lane Mound, MN 55364 O O CITY of ORONO ' vi Municipal Offices 9 g Street Address: Mailing Address: xEBII2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 September 25, 2002 Mr. Gerald Clark 870 Windjammer Lane Mound, MN 55364 Dear Mr. Clark: The City of Orono has not received a response from you to the letter mailed to you on September 10, 2002. A copy of that letter is attached. Please submit engineered drawings of your proposed restoration plan to return the slope to the original grade. I have previously provided you with the appropriate application materials to begin the restoration process. Please submit them with the engineered drawings by September 30, 2002. If the City has not received the materials by that date the City may initiate legal action. Do not hesitate to contact me should you have any questions. I can be reached at 952- 249-4600. Sincerely, Paul Weinberger Zoning Administrator Telephone(952)249-4600 • Fax(952)249-4616 www.ci..orono.mn.us - • 47') ..•7 0 A- • % r 1 ::' I:• , CITY of ORONO O. -. d :t•' 0 3 7 I: SEP 25 '02) „ 1,,7,4,, ,„ .,.•-• -4,kess"lioli‘,X/ P.O.BOX 66 CRYSTAL BAY.MINNESOTA 55323 1:- IN 4102 74 7 ' Mr. Gerald Clark 870 Windjammer Lane Mound, MN 55364 1 0 0 o CITY of ORONO !` ti Municipal Offices Street Address: Mailing Address: `9$Egg0 ' 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 October 4, 2002 Mr. Gerald Clark 870 Windjammer Lane Mound, MN 55364 RE: 870 WINDJAMMER LANE—LAND ALTERATION Dear Mr. Clark: The City of Orono has not received a response to the letters mailed to you on September 10, 2002 and September 25, 2002. Copies of those letters are enclosed. The City had established a deadline of September 30, 2002 to provide an application for restoration of the lakeshore bank on your property. The regrading on your property is in violation of Municipal Code Section 10.55, Subdivision 8 which prohibits any land alteration within 75' of the lakeshore and Section 10.03, Subdivisions 19-21 which prohibits any land alteration without obtaining a permit. Additionally, I believe your bank meets the criteria to be classified as a bluff. Any land alteration within a defined bluff and/or bluff impact zone is prohibited by the Shoreland Ordinance. Because the September 30, 2002 deadline has passed this matter has now been turned over to the City Attorney's office. Do not hesitate to contact me should you have any questions. I can be reached at 952- 249-4600. Sincerely, Paul Weinberger Zoning Administrator Cc: Thomas Barrett, City Attorney Ron Moorse, City Administrator Mike Gaffron, Planning Director Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us City of Orono ti 9kEsxo4 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET Date: J© - q-o 2- To: To: t/ °P f Fax: (012_ 3 4-1-S$42)Z Re: T ILA-Cf 2� ra� � vxq Le 1 btrE - 6-er0,14 C Io,v Sender: l U Lt. l W 1 ‘A_ rC YOU SHOULD RECEIVE PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600. 1 U;� /1 a c oc / / A,0 p ji(4 G S C u� f I Lir- s S-4-1,k ,o foe C/ct t October 4, 2002 Mr. Gerald Clark 870 Windjammer Lane Mound, MN 55364 RE: 870 WINDJAMMER LANE—LAND ALTERATION Dear Mr. Clark: The City of Orono has not received a response to the letters mailed to you on September 10, 2002 and September 25, 2002. Copies of those letters are enclosed. The City had established a deadline of September 30, 2002 to provide an application for restoration of the lakeshore bank on your property. The regrading on your property is in violation of Municipal Code Section 10.55, Subdivision 8 which prohibits any land alteration within 75' of the lakeshore and Section 10.03, Subdivisions 19-21 which prohibits any land alteration without obtaining a permit. Additionally, I believe your bank meets the criteria to be classified as a bluff Any land alteration within a defined bluff and/or bluff impact zone is prohibited by the Shoreland Ordinance. Because the September 30, 2002 deadline has passed this matter has now been turned over to the City Attorney's office. Do not hesitate to contact me should you have any questions. I can be reached at 952- 249-4600. Sincerely, Paul Weinberger Zoning Administrator Cc: Thomas Barrett, City Attorney Ron Moorse, City Administrator Mike Gaffron, Planning Director i% -) 0 41* o .. o 43*.i‘e.'-''y&i--__,) CITY of ORONO w ; ,.. .;r 4,.i ti Municipal Offices t. rt ., I '.G Street Address: Mailing Address: ` EsliO. 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 • September 10, 2002 Mr. Gerald Clark 870 Windjammer Lane Mound, MN 55364 RE: FINAL NOTICE OF ZONING VIOLATION Dear Mr. Clark: The City of Orono has not received an application for restoration of the lakeshore bank on your property. The City would like to see this issue resolved this construction season. The regrading of your lakeshore is in violation of Municipal Code Section 10.55, Subdivision 8 which prohibits any land alteration within 75' of the lakeshore and Section 10.03, Subdivisions 19-21 which prohibits any land alteration without obtaining a permit. Additionally I believe your bank meets the criteria to be classified as a bluff which any land alteration of a bluff is prohibited by the Shoreland Ordinance. This is a serious matter that does require immediate attention since long term slope stability and erosion are concerns. Please submit engineered drawings of your proposed restoration plan to return the slope to the original grade. I understand you have contacted Gronberg & Associates to complete the survey and engineering work. Your previous deadline has passed. In a prior meeting I provided you with the appropriate application materials. Please submit them with the engineered drawings by September 30, 2002. If the City has not received the materials by that date the City may initiate legal action. Your cooperation would be appreciated. Do not hesitate to contact me should you have any questions. I can be reached at 952- 249-4600. Sincerely, pl,,,J ,2,;„,z,Weinberger Zoning Administrator Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us ‘IV°41- ) y,:.,:x,.._-:- CITY of ORONO ,.a ,l1 .-42 . >. ti A 14.t444.1 .0.7.. +� . -�`� ,� Municipal Offices �9 � Og�G Street Address: EgK Kelley Parkway66 Orono, Mailing Address: P.O. Box re MN 55356 Crystal Bay, MN 55323.0066 September 25, 2002 Mr. Gerald Clark 870 Windjammer Lane Mound, MN 55364 Dear Mr. Clark: The City of Orono has not received a response from you to the letter mailed to you on September 10, 2002. A copy of that letter is attached. Please submit engineered drawings of your proposed restoration plan to return the slope to the original grade. I have previously provided you with the appropriate application materials to begin the restoration process. Please submit them with the engineered drawings by September 30, 2002. If the City has not received the materials by that date the City may initiate legal action. Do not hesitate to contact me should you have any questions. I can be reached at 952- 249-4600. Sincerely, Ce.(J!/(1-tfil Paul Weinberger Zoning Administrator Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us 0 0 Iv 0 4,• ,� CITY of ORONO vs, �' l5r Municipal Offices ti <1 Street Address: Mailing Address: $'EggO4'.� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 To: Kenneth Potts, City Attorney From: Matt Bolterman, Orono Inspector Date: January 24, 2003 Property Owner: GERALD M CLARK III 870 WINDJAMMER LA MOUND MN 55364 Property Address: 870 Windjammer Lane PIN: 07-117-23-11-0012 Violation: After the fact violation grading within 75' from lakeshore, grading without a permit, grading on a bluff. Code violated: 10.55 sub.8, 10.03 sub.s 19-21 and shore land Ordinance Background: This property has lakeshore bank grading during the fall of 2001. I sent him a letter on May 13, 2002 to get into our office and get the proper permits for the work that was done on his property. He has talked to myself and Planning staff on the applications he needs to make but has never turned anything into us. Planning staff has sent him letters on September 10 and 25 of 2002 and one last letter on October 4, 2002. He has put up erosion control fence and has tried to stop the erosion but our planning staff wants the property restored to what it looked liked before the grading took place. Action Requested: I would like you to send this individual a letter stating he has until February 15, 2003 to bring in an after the fact applications for restoration of the lakeshore bank on his property. He has talked to Planning staff but just has never turned any of his applications into us. I think a letter from an attorney may get him motivated to get him into the office. We need to get something in place this spring before any more of the bank gets eroded. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us I Evo;auuliAi 0)1P-7 -- --- <P__, . . -- 11104 ,-. '7.0." . • .-. . . ,: ? ' __,_ - -—----___- - -.- --------- - --1; 1 1"... --6-1____,______.,,g; _g._ :, - --:______,_, -- v 0 0,96 ;, Li *%ak' IHm I I I I I "I 1 I.I 1 1 1.••"."IP..JO I I I I I I I I i I i i I I I I I iiihelltir5.4 I avi.4."" tm6k....!''.›Prea•mph C S 4 A- ' XVI 11, _ Amerw....vmmitr, tvak Aisrpirmr- ‘1,,- Ni.. 7 A 11, -4z ql/ •o 1 - --- -..--• -3.'•-.ILL: ::°:- %f4/ -7-' /f -7� l/ ,,.,.,. .,.../..,„.„ '1 e i4er A e; , iii-arraw-J .,..:``- "Imirv- - . .-&-w.-iewvIgwl- A&Aiwthil 0 , , •,,, ,.40,.,,,„,w ac„,, --, --eigivicti • . / aUP71 ....**,,, , wit 4.1. . i fp„.,,, Witore - �, o, Numirai 9/ „It It:1k 1 �� alaViclaililliP\ KENNETH N. POTTS, P.A. 5101 Thimsen Avenue Attorney at Law Suite 200 MINNETONKA,MINNESOTA 55345 TELEPHONE(952)474-4240 TELECOPIER(952)474-0987 January 27, 2003 Mr. Gerald M. Clark 870 Windjammer Lane Mound, MN 55364 Re: Grading Without a Permit Dear Mr. Clark: Please be advised that I am the prosecutor for the City of Orono. Matt Bolterman, the Orono inspector, informs me that he sent you letters requesting that you apply for the appropriate permits so that the City can approve the grading that you performed in the fall of 2001. Mr. Bolterman states that you have not followed through on your promise to turn in the paperwork to the City Staff. At this time we would appreciate it if you would file with the city your application for the restoration of the lakeshore bank on or before February 15, 2003. If you fail to do so a complaint may be filed against you for violating the relevant Orono Ordinance. Thank you for your immediate attention to this matter. Sine-rely, ,' a Kenneth N. Potts KNP/sb Cc: Matt Bolterman✓ o /o CITY of ORONO swab j S' P^1 11, 1 lP`, r !4 II Municipal Offices •�i ` ` ` G~/ Street Address: Mailing Address: `9$Egg04' 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 To: Kenneth Potts, City Attorney From: Matt Bolterman, Orono Inspector Date: May 28, 2003 Property Owner: GERALD M CLARK III 870 WINDJAMMER LA MOUND MN 55364 Property Address: 870 Windjammer Lane PIN: 07-117-23-11-0012 Violation: After the fact violation grading within 75' from lakeshore, grading without a permit, grading on a bluff Code violated: 10.55 sub.8, 10.03 sub.s 19-21 and shore land Ordinance Update:After you sent Mr. Clark a letter on 3-13-03 he said he was going to talk to Mike from our staff. He has not filled out any applications to get this matter taken care of We need another letter from you to go out to Mr. Clark with one last chance or what ever you think we should do next. This has gone one way to long and we need to get this taken care of this summer before the bluff is eroded away. Old info: Background: This property has lakeshore bank grading during the fall of 2001. I sent him a letter on May 13, 2002 to get into our office and get the proper permits for the work that was done on his property. He has talked to myself and Planning staff on the applications he needs to make but has never turned anything into us. Planning staff has sent him letters on September 10 and 25 of 2002 and one last letter on October 4, 2002. He has put up erosion control fence and Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us has tried to stop the erosion but our planning staff wants the property restored to what it looked liked before the grading took place. Action Requested: I would like you to send this individual a letter stating he has until February 15, 2003 to bring in an after the fact applications for restoration of the lakeshore bank on his property. He has talked to Planning staff but just has never turned any of his applications into us. I think a letter from an attorney may get him motivated to get him into the office. We need to get something in place this spring before any more of the bank gets eroded. KENNETH N. POTTS, P.A. 5101 Thimsen Avenue Attorney at Law Suite 200 MINNETONKA, MINNESOTA 55345 TELEPHONE(952)474-4240 TELECOPIER(952)474-0987 May 29, 2003 Mr. Gerald M. Clark 870 Windjammer Lane Mound, MN 55364 Re: Grading Without a Permit Dear Mr. Clark: I have forwarded your letter dated February 26, 2003 to Matt Bolterman. You stated you were going to follow through and contact the staff and comply with their requests to fill out the necessary applications. Mr. Bolterman tells me that you have talked to the planning staff but no application has been submitted. I would appreciate it if you would fill out the application as soon as possible so as to avoid my filing a complaint against you. Thank you for your immediate attention to this matter. Sincerely, Kenneth N. Potts Attorney for the City of Orono KNP/sb cc: Matt Bolterman, Orono City Inspector/