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Home My WebLink AboutCode violations /�� '�' ,�' ' O O �:�: �: - �,.._ ';`g CITY o� ORONO � ,�. ..f, . ti ; Municipal Offices / � ` ��" �;� G�,,� a ` �`�` Street Address: Mailing Addross: �.�.�� ;¢�i,�% \��CEggO� 2150 Kelley Pa�kway P.O. Box 66 � ----- Orono, MN 55356 Crystal Bay, MN 55323-0066 June 1, 2000 Jack Wang 1376 Baldur Park Road Wayzata, Minnesota 55391 Re:1376 Baldur Park Road Dear Mr. Wang: A site inspection today confirmed the dog kennel has been taken down and the area cleaned up. Thank you for your cooperation. Sincerely, � � � Lyle Oman Building Official LO/ch Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us //// /'O \ � � \ ;��/O ,� O\\� '' CITY of ORONO .a '� �'r� _, � ,!' , � N � �` � ti �/ M�� ot�� ►� �� '� �,�/ �\.� � ��';�� i `-,`a`�,� Street Address: Mailing Addross: '��$EggOg' 2750 Kelley Parkway P.O. Box 66 �' Orono, MN 55356 Crystal Bay, MN 55323•0066 May 9, 2000 Jack Wang 1376 Baldur Park Road Wayzata, MN 55391 Re: Dog Kennel and Exterior Storage Dear Mr. Wang: The City has notified you several times regarding the dog kennel you placed on the Franklin property next door in violation of City Ordinances.The City has also received complaints regarding exterior storage in that area.A site inspection revealed tires,concrete block,lumber,fencing,boat and trailer, and an old dock section. This exterior storage is also in violation of City Ordinances. Therefore the City must require you to remove the dog kennel and exterior storage before 5-15-00. If this deadline is not met the City will issue you and Mr.Franklin a formal complaint.A court appearance will be required.If you have any questions please feel free to contact me at my office. Sincerely, �� Lyle Oman Building Official LO/hb Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us � �� ;, O , O �� , fr�_T� � CITY of ORONO \, � � � Municipal Offices \\� � �� t� P I �� . . �,� ��-��,��''.�� Street Address: Mailing Address: \9 ��`. .ri��g, kEggO 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 April 27, 1999 Jack Wang 1376 Baldur Park Road Wayzata, Minnesota 55391 Re: Dog Kennel Dear Mr. Wang: In 1996 the City contacted you about a dog kennel which you had erected on neighboring property. In April of that year, we thought the situation had been corrected. We recently were informed that the kennel has reappeared further back in the woods, and closer to the lake. Since the Orono Zoning Code does not allow accessory structures on lots which do not have principal structures, we again ask that the kennel be removed from the Franklin property. We will reinspect the property on May 7, 1999 to verify compliance. If you have any questions, please call me at 249-4600. Sincerely, � � � � Lyle Oman Building Official LO/ch cc: Greg Gappa, Director of Public Services Bruce L. Vang, Field Inspector William Franklin, Broadway Sales, 1000 W. Broadway, Mpls., MN 55411 Telephone (612) 473-7357 • FAX 473-0510 / � O�\� ,'�� O_:':�. O \�i �� =� =�� , � CITY of URONO il ,,,�,� ,'i1�� ;�_� �, � M��t ot�� ,\ y, �;` ��,�,: '� `"fi`�''��``��1� G�' ,t �� ,�fl+��< �� Street Address: MailinQ Addross: � 9�� 2150 Kelley Parkway P.O. Bax 66 Orono, MN 55356 Crystai Bay, MN 55323-0066 April 12, 1996 Jack Wang 1376 Baldur Park Road Wayzata, Minnesota 55391 Re: Dog Kennel Dear Mr. Wang: On January 22, 1996 this office notified you that you had placed your dog kennel on the neighboring property. A deadline of February 1, 1996 was established far placing the kennel on your property in an acceptable location. As of this date, the kennel has not been moved. Therefore you leave the City no alternative but to initiate legal action. Action will be withheld until Apri129, 1996. If the kennel has not been moved by that time, citations will be issued and a court appearance will be required. If you have any questions, please feel free to contact me at my office. Sincerely, � � �� Lyle Oman Building Official LO/ch cc: Jeanne A. Mabusth, Building & Zoning Administrator Bruce L. Vang, Field Inspector William Franklin, Broadway Sales, 1000 W. Broadway Mpls., MN 55411 Telephone (61Z) 473�7357 • FAX 473-0510 :O`��, � � ;��O O`�;�, �� CITY of ORONO ,� , ':,t �..,_ �,► ti - Municipal Offices '�'+�'C� ` . �� ' �` Street Address: Mailing Address: l.9 g,�„ �'EggO ;= 2750 Kelley Parkway P.O. Box 66 �--- - Orono, MN 55356 Crystal Bay, MN 55323-0066 NOTICE OF ZONING VIOLATION Date: November 3, 2000 Property Owner: Jack Wan� Location of Violation: 1376 Baldur Park Road Orono MN 55391 Conditions exist on the indicated property which constitute a violation of the following section(s) of the Orono Zoning Ordinance: SECTION 9.50. JUNK CARS, FURNITURE, HOUSEHOLD FURNISHINGS AND APPLIANCES STORED ON PUBLIC OR PRIVATE PROPERTY. It is unlawful to park or store any unlicenced, unregistered or inoperable motor vehicle lacking essential parts,household furnishings or appliances,or parts or components thereof,on any property, public or private, unless housed within a lawfully erected building. Any violation of this Section is declared to be a nuisance and upon seven days written notice to the owner,as shown by the records in the office of the County Auditor, of private premises on which such material is found, the City may remove the same and certify the cost of such removal as any other special assessment. For the purpose of this Section, an inoperable motor vehicle shall be defined as lacking, including but not limited to, parts essential to operation, such parts being wheels,tires, motor, drive train,battery, or having two or more flat tires, or having the interior, including the driver's position, used for storage in such a manner that no person can operate the vehicle. X SECTION 9.55. MAINTENANCE OF PRIVATE PROPERTY. SUBD. 1. It is the duty of the owner of every vacant property and the owner and occupant of every occupied property to maintain same in a neat,clean and presentable manner free of any junk,debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards therefrom. SUBD. 2. Grass and Weeds. The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and weeds thereon at a height of not more than six (6) inches. X SUBD. 3. Any violation of this section is declared to be a nuisance and public safety and welfare hazard and upon seven days��ritten notice to the owner,as shown by the records of the office of the County Auditor, of private premises on which such material is found or any conditions in violation of this code section exist,the City may remove the same or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. Please take action to comply with the above ordinance requirement(s) by November 13, 2000 A follow-up inspection «�ill be made at that time to verify compliance. If you have any questions regarding this matter, please call me at 249-4600. . ��C/� Telephone(952)249-4600 • F (952)249-4616 Inspector www.ci.orono.mn.us Page 1 of 1 Mike Gaffron From: jathometz@msn.com Sent: Monday, June 21, 2004 12:57 PM To: Mike Gaffron Subject: illegal hardcover in proctected shoreland area Dear Mr. Gaffron, Your efforts to maintain and improve the quality of the environment in Orono have always been appreciated. You most likely are already aware of the most recent occurrence of illegal grading and filling of a protected shoreland area within 75 ft. of Lake Minnetonka by Sandra Benson at 1376 Baldur Park Road. The affected area lies west of our driveway, adjacent to her property. A year ago, this natural green space was destroyed during the remodeling of the Benson residence. It was stipulated through Sgt. Erickson of the Orono Police Department, that the area would be returned to its natural state. However, after hours on Friday, ]une 18, a load of Class V roadway material was delivered to this area and Bobcat work was begun in an effort to create a parking area, constituting un-permitted hardcover. Not only is this aesthetically unpleasing, but the filling of this area will prevent our driveway from draining away from Lake Minnetonka as was recommended by the City Engineer. Our driveway was designed to drain into this natural area which serves as a silt retention basin, which in turn helps protect the water quality of the lake. Last year, the Bensons added a number of landscape boulders and boulder retaining walls without proper permits of which Matt Bolterman was made aware. This recent illegal attempt to create new hardcover should not be overlooked. Your efforts to ensure the removal of this illegal material would be greatly appreciated. Sincerely, Frederick Puzak 6/21/2004 ' r � � O ,,,,, O CITY of ORONO � Municipal Offices � ``��.��,� ,� ,•} �� y �� , Street Address: Mailing Address: a� . "�+�� '�; ::�'�� ,ti 2750 Kelley Parkway P.O. Box 66 tl \ ,� Orono,MN 55356 Crystal Bay, MN 55323-0066 L�kESHO�`' September 20, 2011 Harold &Sandra Wingerd 1376 Baldur Park Rd Wayzata, MN 55391 Re: City Code Violations at 1376 Baldur Park Road Property Identification Number: 08-117-23-31-0005 On August 17, 2011, City Staff observed unpermitted illegal vegetation/tree removal and dumping of debris within the wetland on your property at 1376 Baldur Park Road. The above noted unpermitted activity is considered a violation of Orono's Shoreland and Wetlands Regutations, specifically sections 78-1247, 78-1285, 78-1286 and 78-1608. This letter will serve as your notice that the property is in violation and must be brought into compliance by October 4, 2011. In order to bring your property into compliance submittal of an approved restoration plan is required by October 4, 2011. An approved restoration plan should include but is not limited to the following: an updated survey, meeting Orono's survey requirements (enclosed), a wetland delineation illustrating the edge of the "Preserve" wetland along the shoreline to be shown on the survey, a grading and planting plan in order to restore the land/wetland to the previous, undisturbed state. A financial guarantee in the form of an escrow will also be required as part of the restoration plan. The amount of the escrow will be determined once the restoration plan is received and approved. Until such time when a restoration plan is received,the property will be considered in violation of the above. I have attached the pertinent City Codes for your reference. If you have any questions, please don't hesitate to contact me at 952.249.4627 or mcurtis@ci.orono.mn.us. Sincerely, CITY OF ORONO �'"v� Melanie Curtis Planning &Zoning Coordinator Attached: City Code Sections Survey Requirements Telephone (952)249-4600 •Fax (952)249-4616 www.ci.orono.mn.us � September 20, 2011 1376 Baldur Park Road Page 2 of 5 Sec. 78-1247. Land alteration and building permits required. A permit is required for the construction of buildings, building additions, related work such as construction of decks and signs, installation or alteration of sewage treatment systems, grading and filling activities, and other activities as regulated elsewhere in this Code. (Ord. No. 101 2nd series, § 1(10.56(10)), 2-24-1992) Sec. 78-1285. Vegetation alterations. (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of six inches or more (or 19 inches in circumference or greater) measured three feet above the ground may be removed without first obtaining a permit from the city staff, provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. Appeals of staff determinations as to type, size and quality of the trees to be replaced wifl be to the council. Removal of trees that are dead shall not require a permit, but such trees must be inspected by city staff prior to their removal. (b) Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than six inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24-1992; Ord. No. 127 2nd series, § 7, 7-11-1994) Sec. 78-1286. Topographic alterationslgrading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. (b) Grading, filling, or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. (c) Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall not be constructed within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: (1) Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. (2) All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: (1) For movement of one through 500 cubic yards of material anywhere within the Shoreland Overlay District, a staff-issued land alteration permit shall be required. (2) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. September 20, 2011 1376 Baldur Park Road Page 3 of 5 (e) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: a. Sediment and pollutant trapping and retention; b. Storage of surface runoff to prevent or reduce flood damage; c. Fish and wildlife habitat; d. Recreational use; e. Shoreline or bank stabilization; and f. Noteworthiness, including special qualities, such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other sections of city ordinances or by other locai state or federal agencies including but not limited to watershed districts, state department of natural resources, or the United States Army Corps of Engineers. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. (6) Fill or excavated material must not be placed in a manner that creates an unstable slope. (7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not create finished slopes of 30 percent or greater. (8) Fill or excavated material must not be placed in bluff impact zones. (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the department of natural resources under Minn. Stat. § 103G.245. (10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property. (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969. (f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation or the ordinary high water level are subject to approval of the department of natural resources and other agencies with concurrentjurisdiction. (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, § 8, 7-11-1994; Ord. No. 163 2nd series, § 3, 12-8-1997; Ord. No. 171 2nd series, § 2, 4-4-1998; Ord. No. 28 3rd series, § 17, 8-22-2005) September 20, 2011 1376 Baldur Park Road Page 4 of 5 Sec. 78-1608. Standards. The following standards apply to all land within the wetiand overlay districts, wetland buffer areas, and to neighboring lands: (1) Protection of wetlands and wetland buffer areas. a. Except as modified or regulated by the standards of this subsection, all requirements of the underlying zoning district apply. b. No structures are allowed in the wetland overlay districts, or wetland buffer area except those allowed as of right or by conditional use permit by sections 78-1606 or 78-1607 of this article. c. Activities including, but not limited to, building (other than a boardwalk or dock), paving, mowing, vegetation removal, filling, dumping, yard waste disposal or fertilizer application are prohibited, except that certain such activities may be permitted when approved by the city as a buffer management plan. Invasive non-native vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal permit from the city. d. Before grading or construction near a wetland overlay district or buffer area, the owner or contractor must place erosion control fencing on the upland side of the perimeter of the wetland overlay district or wetland buffer area, which ever is more restrictive, or as required by the city. This fencing must remain in place until all development activities that may affect the wetland and the wetland buffer area have been finished and adequate vegetative cover has been established at which time the fencing must be removed. e. All structures must have a minimum basement floor elevation not less than one foot above the 100-year flood elevation. f. All hard-surface runoff must be treated in accordance with the requirements of the city and the appropriate watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of appropriate scale. Structures and ponds serving this purpose must be properly maintained and serviced by the property owner. g. Discharge into the wetlands must occur at a rate no greater than allowed by the city engineer in accordance with the city's surface water management plan and the appropriate MCWD requirements. (2) Setbacks. a. All buildings (principal and accessory), must be setback at least 20 feet from the upslope edge of the wetland buffer. Exceptions: Play structures (including sport court type structures), grade-level decks, patio slabs, driveways, sidewalks and parking lots. b. A setback from the buffer area is not required for overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes, entrance monuments meeting section 78-1405(8) and other equipment that provides an essential public service. c. A setback from the buffer area is not required for fences or retaining wails. (3) Nonconformities. a. Effect of wetland boundary expansion. An existing structure, driveway or parking area meeting the required setback from a city-designated wetland boundary or buffer area is considered a legal nonconforming development if a later wetland delineation or implementation of a wetland buffer shows that the wetland or its buffer is closer than the required setback. b. Exrsting nonconformities. An existing structure, driveway or parking area that does not meet the required setback from a city-designated wetland boundary or buffer area, is considered a legal nonconforming development. c. Avoiding future nonconformities. In order to avoid the creation of future nonconformities, in situations where development, redevelopment or construction activity does not trigger the estabiishment of a buffer, the following setbacks shali apply: . � September 20, 2011 1376 Baldur Park Road Page 5 of 5 1. All new buildings shall maintain a setback from a delineated wetland boundary equivalent to the width of the buffer area per the chart in section 78-1605(c) plus the required 20 foot buffer setback. 2. All new non-structural impervious surfaces and those structures listed as exceptions in section 78-1608(2)(a) above shall maintain a setback from the delineated wetland boundary equivalent to the width of the buffer area per the chart in [section] 78-1605(c). d. Buffer f/exibility. Where existing structures or surfaces are located within an area that would be required for establishment of a buffer under this article, alternative methods of wetland protection may be approved by the city council to avoid creating unreasonable impacts on the existing use of a property. Such methods may include but are not limited to buffer width averaging, redirection of drainage to an area where buffer is feasible, use of rain gardens, cisterns or rain barrels, etc. (Ord. No. 28 3rd series, § 1, 8-22-2005)