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Home My WebLink About3155 Casco Circle - Variance Application - 11-30-17ESCROW AGREEMENT AGREEMENT made this [P" day of N LA�e*"W , 20k-1, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and 1 !cv,n cLoA F%iricl.i Ke-,z+sc6 ("Owner(s)"). RECITALS A. The undersigned is I are the Owners) of the Subject Property and hereby agrees to and consent to the terms and conditions of this Escrow Agreement. B. Owner has: (check one) ❑ Filed a zoning application # ❑ Filed an application for a Building/Zoning Permit # ❑ Agreed to comply with Orono City Code Section 78-1432 regarding accessory structures. ❑ Filed an Individual Sewer Treatment System (ISTS) permit application. ❑ Requested to do work within public Right -of -Way ❑ Filed a request for a Temporary Certificate of Occupancy pt Other Filed an Average Setback Variance Application ("Application") on land situated in the City and located at 3155 Casco Circle, Orono, MN 5539, (the "Subject Property'); and C. The City is willing to review or monitor the Application only if the Owner agrees to reimburse the City for the actual costs expended by the City on behalf of, or on account of, the Owner. NOW THEREFORE. THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT REQUIRED. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit $ O ("Escrow") with the City necessary to secure coverage of the total costs associated with review, approval, and monitoring of the Application. Any Escrow shall be held in a special escrow account and shall be credited to the Owner. 2. PURPOSE OF ESCROW. • Zoning. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures including but not be limited to staff time, at the rates established by the City Council, in excess of that covered by the standard application fees, engineering consultant and legal consultant expenses incurred by the City in reviewing and approving the Application and all other city staff administrative and consultant services performed in the processing of said review and approval. • BuildinatZoning. The purpose of the escrow is to guarantee completion of the site plan as approved and the provision of the as -built survey as required by the Building official. • Accessory Structure. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures including but not limited to staff time, at the rates established by the City Administrator, engineering and legal consultant expenses incurred by the City in removing an accessory building if the Owner fails to perform the obligations in Orono City Code Section 78-1432 and all other City staff administrative and consultant services performed in removing the accessory building, including land stabilization. • ISTS. The purpose of the Escrow is to guarantee reimbursement to the City for expenditures including but not be limited to staff time, at the rates established by the City Council, in excess of that covered by the standard application fees, engineering consultant and legal consultant expenses incurred by the City if Owner for any reason is unable or unwilling to honor the requirements of Chapter 58 of the Orono City Code, and all other city staff administrative and consultant services performed in relating to the Application. The City may also reimburse itself for all engineering and legal expenses associated with the construction, removal, alteration, or repair of the ISTS if the Owner fails to do so. • Temporary Certificate of Occupancy. The purpose of the Escrow is to guarantee completion of exterior improvements (driveway, grass, etc.) that cannot be accomplished due to weather conditions. ianance Application - September 2017 Page 9 3. MONTHLY BILLING. The City will monthly forward to the Owner a statement and bill for the expenditures incurred by the City for staff and consultant services. Such statements shall be due and payable within 15 days for receipt by the Owner. No statement will be sent if there are no expenses incurred in the period since the most recent statement. The City shall itemize all time, services, and materials billed to any Owner and said time, services, and materials shall be in accordance with the rules, regulations, and fees as promulgated and adopted by the City Council. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event the Owner does not make payment the City as required under paragraph 3, the City may draw from the Escrow without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall periodically notify the Owner of the draws the City has made and the nature of the expense for which the reimbursement is being made. S. REIMBURSEMENT OF ESCROW. The Owner shall reimburse the Escrow fund for any deficits caused if the amount actually expended by, or billed to, the City exceeds the escrow fund balance. 6. RIGHT OF ENTRY. • Zoning. This section is not applicable. • Building. This section is not applicable_ • Accessory Structure. The Owner hereby grants the City, its agents, employees, officers and contractors the right to enter the property to remove the accessory building(s) should the Owner not complete the removal obligations in Orono City Code Section 78-1432. • ISTS. The Owner hereby grants the City, its agents, employees, officers and contractors the right to enter the property to perform all work and inspections deemed appropriate by the City in conjunction with replacement of the septic system, including but not limited to constructing or completing any and all of the agreed upon improvements should the Owner not complete those improvements by the date agreed upon. • Temporary Certificate of Occupancy. This section is not applicable. 7. NO INTEREST PAID. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the Escrow account. 8. CLOSING ESCROW. When the review has been completed or the project has been completed, the balance of the Escrow, if any, shall be returned to (check one): DO Owner ❑ Applicant ❑ Other Name: Kevin Kretsch Street Address / PO Box: 3155 Casco Circle City / State/ ZIP: Orono, MN 55391 9. CERTIFIED UNPAID CHARGES. If the Application is abandoned by Owner, or if the eligible expenses incurred by the City exceed the amount in Escrow, the City shall have the right to certify the unpaid balance to the Subject Property pursuant to Minn. Stat. §§ 415.01 and 366.012. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. CITY OF ORONO: �.Y OWNER(s), BY: Ccu—uc �. 1`l�xy, /ariance Application - September 2017 ?age 10 Rob Aldecocea From: Laura Oakden [loakden@ci.orono.mn.us] Sent: Wednesday, November 15, 2017 9:28 AM To: Rob Aldecocea Cc: Christine Mattson Subject: RE: 3155 Casco Circle - Update on Deck Hi Rob, We currently have $2500 from the demo and new home permit and that will cover the variance application escrow needed as well. When we get your variance application we will prepare an escrow agreement that ties all of these actions together. Please let me know if you have any other questions. Thank you, Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 Email: loakden@ci.orono.mn.us Website: www.ci.orono.mn.us From: Rob Aldecocea [ma iIto: rob@revoIutiondesienbuild.coml Sent: Monday, November 13, 2017 10:06 AM To: Laura Oakden <loakden@ci.orono.mn.us> Cc: Melanie Curtis <MCurtis@ci.orono.mn.us> Subject: RE: 3155 Casco Circle - Update on Deck Hi Laura, I hope you had a great weekend! Can you please tell me what the required escrow amount will be for this application? Does the escrow they already deposited with the City ($2,500) cover this escrow or does it need to be separate and in addition to the $2,500? Thank you, Rob From: Laura Oakden[mailto:loakden(@ci.orono.mn.usl Sent: Wednesday, November 1, 2017 8:43 AM To: Rob Aldecocea Cc: Melanie Curtis Subject: RE: 3155 Casco Circle - Update on Deck Hi Rob, City of Orono Variance Application weer naarese: Application p 2750 Kelley Parkway Orono, MN 55356 Date Received: Main: 952-2494600 Staff fax, 952-2494616 Fee: $275 Mailing Address: P.O. Box 66 Escrow: $700 / $1 Crystal Bay, MN 55323-0066 Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: 3155 Casco Circle, Orono, MN 55391 DESCRIPTION OF REQUEST: Average setback variance request for proposed new deck construction. (attach additional sheets as necessary) APPLICANT INFORMATION: ❑ check here if Applicant address should be used for billing Applicant: RobAldecocea Revolution Design and Build Phone (Primary): 612-968-7655 Mailing Address: 18110 Minnetonka Blvd. City: Wayzata ZIP: 55391 Email: rob@revolutiondesignbuitd.com PROPERTY OWNER INFORMATION: ❑ check here if Property Owner is same as applicant M check here if Property Owner address should be used for billing Name: Patty & Kevin Kretsch Phone (Primary): 763-226-8086 Mailing Address: 3155 Casco Circle City: Orono ZIP: 55391 Email: kevinkretsch(&comcast net APPLICANT AND/OR PROPERTY OWNER: • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and property owner recognize 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 or to recommend the request for denial of the request regardless of its potential merit. • The Property Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission and Council Members for purposes of investigation and verification of this request. • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Information will be distributed vipl. Applicant Signature: Applicant Signature: Property Owner Signature: )� J Property Owner Signature: Cla, 7rT �M Variance Application - September 2017 Page 4 Date: 11 I39/I"1 Date: �zy�7Date: it Date: tt I g \-7 PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the landowner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." The proposed deck design is reasonable and typical, and is similar to other homes commonly found in the district. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The circumstances are minue to the property in that there is already a non -conforming xe fisting deck on the ,property, and the landowner seeks to rediirp the sizp of said non-ronformity. 3. "The variance, it granted, will not alter the essential character of the locality." if aranted the variance will not alter the essential character of the locality as the smaller deck design is in keepine with other homes commonly found along the lakeshore. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." The request for this yari anre's not based on economic conslderatlon5 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." The variance request is fora use that is allowed W the Ci y of Orono Zoning Code. Vanance Applrcahm — September 2017 Page 7 7. "The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The special conditions of the structure in question are peculiar to the landowner's property as the condition is due to the existing non -conforming deck and lean-to structures. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." The conditions do not apply Eenerally to other land or structures in the district as they are specific to this property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The granting of theapplication is necessary to preserve the right of the landowner to construct a deck within the footprint of the grlandfathered deck area in n manner that is rmmpatihle with the ronetrurtinn of the new hnme on the prnpprty, 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." The erantine of the proposed variance will not in any way impair health, safety. comfort. morals. or in any other respect be contrary to the intent of the Zoning Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The variance is necessary to alleviate the difficulty of conforming to the existing grandfathered deck and lean-to design that limits the functionality and potential of the new home which is designed in a reasonable and typical manner, similar to other homes in the district. Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): The landowner/applicant desires to construct a new deck in the footprint of the existing non -conforming deck and •I . 1 I I 11• - .u.. . M 1 1" 1". 1.11" 1" • ••• -. .- ..- •I 1 taller than the existing deck structure, but significantly smaller in both area and setback from the [alkeshore. and 11 T 1" -.1 . .. eitirelv. The Lo e�ouse-fLLit�erbbii-the-Lakeshorp-and utilizes a 21ass-bal stem which will AWie-orQuertv are suciDocive-ofte-proposed deck desien. We have articulated the size of the deck to be moderate 1111HRIN1. • • • •- • • Will • - •-- ■• - • • •• Variance Application — September 2017 Page 8 RUN DATE: IV13/2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE:I 38 20-117-23 34 DD07 38 20-117-23 43 0030 TAM] R WAHLIN G C BECKERIT I MARCHESSAULT 3131 CASCO CIR 3133 CASCO CIR ORONO MN 55391 ORONO MN 55391 TAMI R WAHLW G C BECKER/I I MARCHESSAULT 3131 CASCO CIR 3133 CASCO CDR WAYZATA MN 55391 ORONO MN 55391 38 20-117-23 34 0008 38 20-117-23 43 0031 JOANNE D JONES TRUSTEE THE CASCO CO 3129 CASCO CIR 3100 CASCO CIR ORONO MN 55391 ORONO MN 55391 JOANNE D JONES CITY OF ORONO PARKS 5100 FRANCE AVE S 4104 P 0 BOX 66 EDINA MN 55410 CRYSTAL BAY MN 55323 38 20-117-23 34 0021 R G & P A DUDLEY 3125 CASCO CIR ORONO MN 55391 RONALD G & PATRICIA A DUDLEY 3125 CASCO CIRCLE SO WAYZATA MN 55391 38 20-117-23340022 STACY R MARKS 3127 CASCO CIR ORONO MN 55391 STACY R MARKS 3127 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0022 C ALEXANDER/D J HA WKINSON 3205 CASCO CIR ORONO MN 55391 DOUGLAS HAWKINSON 3205 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0023 E STRATTON & D CALLAHAN 3195 CASCO CIR ORONO MN 55391 EARL STRATTON DEBORAH CALLAHAN 3195 CASCO CUR WAYZATA MN 55391 38 20-117-23 43 0026 W D ARMSTRONG/K S ARMSTRONG 3165 CASCO CUR ORONO MN 55391 WARD D ARMSTRONG KATHLEEN S ARMSTRONG 3165 CASCO CIRCLE WAYZATA MN 55391 38 20417-23 43 0027 KEVIN R KRETSCH & P KRETSCH 3155 CASCO CIR ORONO MN 55391 KEVIN R KRETSCH PATRICIA KRETSCH 3155 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0028 B C DOWNEY & B A DOWNEY 3145 CASCO CUR ORONO MN 55391 B C DOWNEY & B A DOWNEY 3145 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0029 K A SHEEHAN & N A SHEEHAN 3135 CASCO CBd ORONO MN 55391 KEVIN A & NOELLE A SHEEHAN 18479 SCHROERS FARM RD EDEN PRABUE MN 55347 38 20-117-23 43 0057 BELLE M YAFFE REV TRUST 3185 CASCO CDR ORONO MN 55391 HARRY YAFFE & BELLE YAFFE 3185 CASCO CIR WAYZATA MN 55391 City of Orono �oNo Hardcover Calculation Worksheet Property Address: - o t Prepared by: Date: — Stormwater Quality Overlay District Tier: (Circle one) Tier 1, Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key Survey Hardcover Item (Describe) Length x Width Total Feet Exam (Garage) ZV x 30' _(Square 720 S.F. A - 6 i.. - .. .. 9 /_ S.F. C % : _. _ "5 -; S.F. D -i 1-70 S.F- E r / S.F. p ��-/-J`. •�-- S.F. G - S.F. H s_ S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. O S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Proposed Hardcover - S.F. Exciudable Hardcover See Ctty Code Sec 78.1684 : S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover G S.F. 3 Net Proposed Hardcover Subtract line 2 from line 1 ?_ S.F. 4 Total Lot Area S.F. Proposed Hardcover Percentage I(3)+ (4)I % Subdivision Application - January 2016 This is an infornwhon packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herain; however, if any iMormabon is not consistent with provisions of the City Code, the Code provisions will prevail. Page 19 City of Orono �oNo Hardcover Calculation Worksheet Property Address: c '�,�a•` Prepared by: Date: Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1:IEXISTING HARDCOVE In the followin—gtable i entify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Tota (Squlare Feet (Example) (Garage) 24' x 30' 720 S.F. A - - /9 7 S.F. B 5 S.F. C . i, ; 7 S.F. D -f=..c:,� /�' i Z�C S.F. E S.F. F - ,ii -" S.F. G f =' - 6 a 5 S.F. H .Y, 32 S.F. ._ i 7 S.F. J ' - o f' . ? r a S.F. K 15 S.F. L 4F'; rr R.,,,,-- - 4S S.F. M --„ - _, ,.�-r>- /-9 S.F. N G r 7- S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. u S.F. v S.F. W S.F. x S.F. y S.F. Z 1 S.F. 1 Total Exisbnq Hardcover S.F. Excludabie Hardcover See City Code Sec 78-1684 : S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover S.F. 3 Net Exisling Hardcover Subtract line 2 from line 1 S 5 _; S.F. 4 Total Lot Area S.F. Proposed Hardcover Percentage ( (3) _ (4) I - - % (Proposed Hardcover next page) Subdivision Application - January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions wdl prevail. Page 18 tACWD Pe¢Mn" GoPef rwr�;ya> -C <CEY FOP KEVIN KRETSCti OF LOTS 38 AND 39. SPRING PARK AND PART - OF ADJACENT VACATED LAKE SHORE AVENGE HENNEPIN COUNTY. MINNESOTA C ASCO C,RCLE %930 .rrA ti a� e i l ) l LJ I p ec ---- _ -- - LAKE MINNETONKA EAST UPPER LAKE - - -- GA. JJUI.IAT l.o INCVIU I o�- _ .— --- — — csn_nx c�OIMA_ u n ,-e-r• _-- - crtvevo� • �e ryzvee ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM 1(we ` R 8 ()LAJ Yl of 3 i LK- a L y-cj 'E-- [print name( )] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 3155 Casco Circle also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbors project or use requires Council approval. If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) �-W fk-4cK4{�Ptu� of 31 (o S` 0&Scu Cri c%v �e, y �4fid S f 1 [print nar e(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 3155 Casco Circle also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. To: City of Orono From: Ward and Kathy Armstrong Re: Kretsch House (under construction) This is to confirm that we have reviewed the building plans and digital rendering for the new deck and are completely on board with its design and location. We understand that the deck will be slightly higher than the original deck and we appreciate the City's concern. However, given that the deck will fit completely within the prior decks footprint, will be set back further from the lake than the original and will be architecturally more attractive, we believe that the new deck will be an improvement. We hope this letter addresses your concern about how this new deck will be received by the adjacent neighbors. If you have questions or would like to discuss this further, please don't hesitate to contact us. Thanks! Regards, Ward and Kathy Armstrong 3165 Casco Circle Wayzata, MN 55391 wardarmstrone@aol.com 612-801-0326 (cell) November 28, 2017 To the city of Orono: After reviewing the plans and renderings for the new home of Patty and Kevin Kretsch we are in total support of the project. The new deck is a big improvement over the old one. It is smaller and has a much cleaner look enhancing the lines of the new home. The house itself will set farther back from the lake and has a smaller footprint. We are looking forward to the finished project. It will be a wonderful improvement! Sincerely, Chuck and Betty Downey P SecA3.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individuals on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Tennessen warning. An individual asked to supply private or confidential data concerning the individual shall be informed of: (a) the purpose and intended use of the requested data within the collecting government entity (b) whether they may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 7, to a law enforcement officer. Subd. 3. Access to data by Individual. Upon request to a responsible authority or designee, an individual shall be informed whether the individual is the subject of stored data on individuals, and whether it is classed as public, private or confidential. Upon further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge and, if desired, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority or designee shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority or designee may require the requesting person to pay the actual costs of making and certifying the copies. The responsible authority or designee shall comply immediately, if possible, with any request made pursuant to this subdivision, or within ten days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. Subd. 4. Procedure when data is not accurate or complete. (a) An individual subject of the data may contest the accuracy or completeness of public or private data. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (2) notify the individual that the authority believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the Administrative Procedure Act relating to contested cases. Upon receipt of an appeal by an individual, the commissioner shall, before issuing the order and notice of the contested case hearing required by chapter 14, try to resolve the dispute through education, conference, conciliation, or persuasion. If the parties consent, the commissioner may refer to the matter to medication. Following these efforts, the commissioner shall dismiss the appeal or issue the order and notice of hearing. (b) Data on individuals that have been successfully challenged by an individual must be completed, corrected, or destroyed by a government entity without regard to the requirements of section 138.17. After completing, correcting, or destroying successfully challenged data, a government entity may retain a copy of the commissioner of administration's order issued under chapter 14 or, if no order were issued, a summary of the dispute between the parties that does not contain any particulars of the successfully challenged data. Variance Application — September 2017 Page 13 DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. 305 C Address Middle Last State Zip my rights as stated above. /anance Application — September 2017 Page 14 —7L3 -aa(v Phone