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Home My WebLink About2012-01168 - land alteration t r � CITY OF ORONO �� 2750 KELLEY PARKWAY * z 0 1 2 - 0 1 1 6 8 * DATE ISSUED: OS/24/2013 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 REPRINTED ON 5/24/2013 ADDRESS : 3025 CASCO POINT RD PIN : 20-117-23-34-0002 LEGAL DESC : REG. LAND SURVEY NO. 0394 : LOT 000 BLOCK 000 PERMIT TYPE : ZONING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : LAND ALTERATION (0-500 CU YDS) NOTE: $2,000 S/B COLLECTED IN ESCROW FEE ACTUAL ESCROW FEE AMOUNT COLLECTED $2,000.00 PD CHECK#16317 BY SCOTT STANDA ESCROW PERMIT#:(DON'T FORGET TO ENTER) 2012-01169 FOR EROSION CONTROL&ENGINEERING R�VI�W COS"I'S * PLAN HAS BEEN REVIEWED&APPROVED BY THE OWNER AT 3015 CASCO PT RD�/(�BEL) * IF APPLICANT CHOOSES TO CONDUCT GRADING OUT E THE EASEMENT INSTEAD OF WALL AS SHOWN,WRITTEN PERMISSION FROM SEIDELS MUST BE SUBMITTEU. (STANDA) APPLICANT MINOR LAND ALTERATION 50.00 STANDA, SCOTT& IRENE ENGINEERING REVIEW COSTS 3025 CASCO POINT RD WAYZATA, MN 55391- TOTAL 50.00 OWNER STANDA, SCOTT& IRENE 3025 CASCO POINT RD WAYZATA, MN 55391- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications,applicable City approvals,and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances goveming this type of work shall be compied with whether or not specified herein.This permit will expire and become null and void if construction authorized is not commenced within 180 days of the daTe of issuance,or if construction is suspended for a period of I 80 days at any time after work has commenced. The applicant is responsiblc for assuring all required inspections are requested in conformance with the State Building Code.This permit may be revoked at'an for due cause. � �7/ L� !/L 5/ �25�/ �� Applicant Permitee Signature Date Issu y Signature Date SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. . • . . • . � • emo To: Finance Department From: Christine Mattson, Planning Assistant ' �' CC: Street File Date: July 28, 2014 G/L: 101-22205 Re: Escrow Refund Bldg Permit#2012-01 168/3025 Casco Point Road Building Permit Application #2012-01168 pertaining to 3025 Casco Point Road is complete. Please refund $2,000 to the applicant, Scott& Irene Standa. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Scott& Irene Standa 3025 Casco Point Road Wayzata, MN 55391 w:�street files\casco pt rd�3025\escrow refund memo 2012-01168.docx ZONING PERMIT ESCROW AGREEMENT Permit#2012-01168 AGREEMENT made this��day of � ?�� , 2013, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Scott&Ire e Standa hereinafter the ("Applicants"). Recitals 1. A zoning permit application has been filed for properties located at: 3015 Casco Point Road, legally described as Tract C, and that part of Tract 8 lying Northerly of a line drawn from a point on the meander line on RLS 394, 50 feet south of intersection with Northerly line of said Tract 8, Hennepin County Minnesota; and 3025 Casco Point Road, legally described as That part of Tract A, lying Northerly of the following described line: Beginning at the Southeasterly corner of Tract 8; thence Southwesterly along a line drawn through a point on the base line shown on RLS 394, 80 feet Northwesterly from its intersection with the Southeasterly line or said Tract A, to the shore of Lake Minnetonka and there terminating; and That part of Tract 8, lying Southerly of a line drawn parallel with and 50 feet Southerly from the Northerly line of said Tract 8, said 50 feet being measured 50 feet measured along the Easferly line of said Tract 8; all in RLS 394, Hennepin County Minnesota, hereinafter collectively the("Subject Property"). 2. Applicants request the City to review this application. 3. The City will commence its review of the application and incur costs associated with said review only if the Applicants establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Applicants shall deposit $2000.00 with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering or legal consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the Applicants would be responsible for under a zoning permit application. The escrow will also guarantee reimbursement to the City for all out-of-pocket costs the City has incurred to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financial security may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work (including planning, engineering, or legal consultant review) associated with permit#2012-01168 if compliance with the approved zoning permit is not accomplished. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Applicants. Applicants shall be responsible for payment to the City within 30 days of the Applicants' receipt of a bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicants do not make payment to the City within the timeframe outlined in#3 above, shall issue a Stop Work Order until the Applicants pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Applicants to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Applicants when the review has been completed and written notification is received from the Applicants requesting the funds. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Applicants, 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 homestead property of the Applicants at 3025 Casco Point Road, Orono, MN 55391 (PID No. 20- 117-23-34-0002) pursuant to Minn. Stat. Sections 415.01 and 366.01. CITY: �C TY OF ORONO OWNER: /�,. , By: �I u' �l�S" � �� r �. �ts: �'1� � �� Internal Use Only: �Original fb E�lanning�epartment �Copy to� „,, �� ZONING PERMIT ESCROW AGREEMENT Permit# o��/d - D///P� AGREEMENT made this �30 day of �crv�e� , 20/ Z, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and J�c o r'� o �.,L �r�.� fra�� ("Owners"). Recitais 1. A buiiding permit application has been filed for a zoning permit for a property �ocated at .�o Z r C„�,.. �o��-r the ("Subject Property"), legally described as �1'e c FkL,, ,� i� /y Hennepin County Minnesota. 2. Owner requests the City to review this application. 3. The City wiil commence its review of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shail deposit $02 Od d with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in a mid�ing the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City - for ali out-of-pocket costs the City has incurred (including planning; engineering or legal'consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning permit application. The eserow will also guarantee reimbursement to the City for all out-of- pocket costs the City has incurred to assure 'thaY the work' is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of (Jrono City Code.Chapter 79. The financial security may also be used by the City to eliminate any hazardous conditions associated :with the work and to repair any damage to public property or infrastructure that is caused by the work;{including planning, engineering, or legal consultant review) associated with permit #�0la-�!/(�� if compiiance with the approved zoning permit is not accomplished. 3. MONTHLY BILLING. As'the City receives consuitant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM;ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined`in #3 above, shali issue a Stop Work Order until the Owners pay all expenses invoiced pursuant to #3. The City rnay draw from the escrow account without further approval of the Owners to reimburse the;City for eligible expenses the City has incurred. 5. CLOSING E5'CROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed and written notification is received from the Owners requesting the funds. 6. CERTIFY U'NPAID CHARGES. If the project is abandoned by Owners, 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�rty pursuant to Minn. Stat. §§415.01 and 366.012. CITY: CIF� OF OR_�ONO OWNER: " �\i� �� /� � By. '.----�, S L�C?"� its: � �(�r;1 �,� - �., ,. e „M �. � � , w . , _..� �_�;�. ... :. .... �u w. t �� _ .� _....� ., ___, .� a _, „�. e Updated: December 30,2011 ; i .. { . � . . . � . . � . � 1 4,��i} r'� �iskltl�(n' . , . iF�lt' It� tt�.� ta/"i:.�'si . . (,ir', �,• �; -�. -� �� « . � . �n^" �i k�i?r.l �Ft��;�,� �4Q .� _S�l,�f({!'` �:i;::Sc � 4Ul:" i ;��(`'�f� �,�i{`Fc'�le,e3 , , ('Fr,'�, C t T , 7(s _�.�t�i;'�`.^3�:�. � � �� . �t_;'lli1�� ^.ta�,t ��. ., � �-;�� tdi:��! ��:'«i �:2.S+,:f,� F';; �ttrpf�,`�� , a�4�..�1L.i.�`, . . . . . .. . ,. . ��si'!?rY�'tl fti?i� 11C�/F'_..?'�•itr!" y:;=_i�.ia��,. . . . , . ..�'4�...� ' . . .- �.�. ...�.r �. � � � .�'t)�l 3,}�{= � �.1�,� . __. ...n_ I..rl�' � ',�.ii" iL��:% . �3��1°J° " � � `'Y.•�l�tr'.�,.�'�. � .'CU�� ;�t'dYIJ2 ' � T:ruiil r!fl�;�.if.'s: . . � � .� � ;i � ' � . . .,�(/�1��a 1JCJ '. �it:;lYrr7� ��pl�ti�'C'F�li; � . . •_. ..__..._... __„ i . . .. . . . �)il . . ..i-4,1f��i?�.0 �f,} { -.ir j � ..,....... . � . . . . ��F%�. . . � i . ... _ . . � . � . � . , � . .� .� - j� . . . � ' .. . � - . . _ . : . . . . � . _ . �. . . . . .. � . .; .' , , , CITY OF ORONO * 2 0 1 2 - 0 1 1 6 9 * 2750 KELLEY PARKWAY DATE 1SSUED: 1U15/2012 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 3025 CASCO POINT RD PIN : 20-117-23-34-0002 LEGAL DESC : REG. LAND SURVEY NO. 0394 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS$2,000 ESCROW IS TIED TO ZONING PERMIT 2012-Ot 168-PD BY SCOTT STRANA APPLICANT ESCROW FEE-APPLICANT 2,000.00 STANDA, SCOTT& IRENE ESCROW FEE-DEVELOPER 0.00 3025 CASCO POINT RD WAYZATA, MN 55391- TOTAL 2,000.00 OWNER STANDA, SCOTT&IRENE 3025 CASCO POINT RD WAYZATA, MN 55391- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be perfonned according to the approved plans and specifications,applicable City approvals,and the State Building Code. 'rhis permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances goveming this type of work shall be compied with whether or not specified herein.This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance,or if construction is suspended for a period of 180 days at any time afier work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code.This permit may be revoked at any time for due cause. / / / / Applicant Permitee Signature Date Issued By Signature Date SEPARATE PERMITS REQUIRED FOR WORK OTHER TNAN DESCRIBED ABOVE. f I Plan Review Checklist for Zoning Permit Applications Address: � �� T� ��.J Description of work: 1� � � � Type of permit: Zoning review by: Date Approved: � Grading review by: ��✓' Date Approved: S � �� Other Review, Reviewed by: Date Approved: Zonin : Zoning File#: Resolution #: Resolution Date: Lot Area: SF/AC Width: Depth: Survey Submitted? es 0 No Date of S�i ey:,l L ��_�� r� Z � Existin Setbacks: Front(Lake) Rear(Street) ( N S E W ) ( N S E W ) Other Buildings Wetland Side Side Pro osed Setbacks: Front (Lake) Rear(Street) ( N S E W ) ( N S E W ) Other Buildings Wetland Side Side Shoreland District MCWD Permit Received Average Lakeshore Setback Met? Bluff � Yes 0 No � N/A � Yes No Yes 0 No 0 Yes 0 No N/A Permit Number: Setback: Hardcover Zones Existin Proposed Variance Requi CUP Re uire 0-75' � Yes No 0 Yes No 75-250' Type(s): Type(s): 250-500' Zoning File#: Zoning File#: 500-1000' Resolution#: Resolution #: Created: March 29,2011 z:\forms\plan review checklist for zoning permit applications.docx t � Planning Review Checklist for Zoning Permit Applications Page 2 of2 Cubic Yards In Out Total Haul Route? ? ❑ Yes � No Explain haul route in detail: Fees to be Charged Amount Orono Inspections Required Permit Amount � Site Escrow Amount ❑ Hardcover Removal � Footing Signed escrow recei d? � Poured Wall s-Built Survey Yes 0 No Planting Plan � Wetland Escrow amount receiv d? 0 Final Yes � No 0 Other(specify) Engineering review ne ed? Yes � No REMARKS (in-house): Other Review: Reviewed by: Date Approved: REMARKS (TO BE NOTED ON PERMIT AND INITIALLED BY PERSON PULLING PERMIT) I�l,,v3 lo�ee-h ►�'-v�cu�d r'bv� --h�-� S c'c �O 15 CG� �01� S� ,� e� �eiGQ-e S ' _ r.�.c�- d=c (,t, ' fiGc� �.e�-°�e�'- ��-ecc 6� u� a�( G�S S�'�-�.Ul�f I�tM`�°n �E't/�1�.�K� ��.�. �'�i�►-►-e( S Created: March 29,2011 �(��— �� C�V��I�� z:\forms\plan review checklist for zoning permit applications.docx S.�^�"�G� � � City of Orono Zoning Permit Application Mailing Address: Permit number: �l� �`� �p� .Q,Q J�,, PO Box 66 Date received: ��J�� 0 y `r Crystal Bay, MN 55323-0066 � ;�, Q Escrow#and �� Street Address: amount: ��O� �'"�� L� � C�l%G�� / /7 '� �� 2750 Kelley Parkway Permit Fee: � �r---G � �c��' � ��,, p� Orono, MN 55356 qg��Yt��g,� APProved by: sx Fax: 952-249-4616 Notes: Main: 952-249-4600 _ ___ _ _ _-_ __ ,' ,� This application form must be completed in full and all required information must be submitted. (P/ease print.) Job Site Address: �"�� c�',J~' �u�c-�� ^-T �� <� �� CONTRACTOR/APPLICANT INFORMATION: . N a m e: /�?� c, . ,� c' �k C � v.� 7�n.-� K+ ��., ..� /�n✓e n�� , Phone: 3 Zd - �f` � Fax: - � c> > ` ' �• J"'� 7C� Address: f'. C�• / � v Cit : �•:,, c, ZIP: ,j�S3,3 , Contact Person: �d�,.�; /�?o� vi;,� Contact's phone number � 1- z� - ; - �"y/�. Email —� Applicant is: Contractor omeowne (Circle One) PROPERTY OWNER�NFOi�,NIATION: + �-�'�'a � �?�-I 1 Nam e: �,�,,. � Z� �l\c;`{' { , �-- U c )c �^ T ��/° Phone (day): � - � �� Mailing Address (� - r ,.,,T � ZIP: „�,.I"�i/ Email and/or Fax ,..r � „ . ,o �,/ /,� � �� : /, � � i�-, Overall Project,Description: l�n a v c � � � s-r- i,,,�� p f-t �, r C� �c r �1. G✓T��✓� lc� j� l ✓G �D�- � —� �� ,�, ��. � Check TYpE OF PERMIT Box COST* Dock, Residential - Permanent dock on any lake or initial seasonal dock not on $50 + engineering review costs Lake Minnetonka permanent dock requires CUP Dock, Commercial $50+ engineering review costs Escrow for erosion control and engineering review costs $2,000 � Driveway Permit (New or Replacement) No charge ' Also re uired is a Minor or Ma�or Land Alteration Permit Land Alteration, Major(grading, filling, or excavating) more 500 cubic yards or $50 more than 10 cubic yards in lakeshore setback(also requires CUP) Escrow for erosion control and engineering review costs As determined b CUP � Land Alteration, Minor(grading, filling or excavating)-500 or less cubic yards $50+ engineering review costs outside of lakeshore setback or less than 10 yards in lakeshore setback Escrow for erosion control and engineering review costs $2,000 Retaining Wall measuring under four feet require a zoning permit. $50+ engineering review costs Retaining walls measuring more than four feet (from bottom of footings to top of wall) require a building permit. (Tiered retaining walls are considered one wall unless the walls are separated by twice the height of the lower wall.) Escrow for erosion control and en ineering review costs $2,500 Stairway to Lake (New or Replacement) $50+ engineering review costs Escrow for erosion control and engineering review costs $2,000 Structure Permit for other structures not requiring a building permit but $50+ engineering review costs regulated by the zoning code (including, but not limited to accessory building of less than 120 square feet, detached deck or platform and sport court) Escrow for erosion control and en ineerin review costs $2,500 Tree Removal or other ve etation removal in 0 to 75 foot zone No char e. (over) *Permit fee will be collected at the time the permit is issued. Updated: December 30,2011 APPLICANT/OWNER ACKNOWLEDGEMENT: � • Applicant agrees to provide all information required or requested by the Planning Department; �• • Owner agrees to pay the City of Orono for engineering consultant review costs where applicable; • Applicant certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete; • Applicant acknowledges the attached Escrow Agreement is completed and signed by Owner; • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be issued. The undersigned certify that the information supplied is true and correct to the best of their knowledge. ApplicanYs Signature: L...l ��t,,� Date: /U, �3G��L. Property Owner's Signature: �y ��J -!� Date: /d�3r�`�L SUBMISSION REQUIREMENTS: Except for tree removal permits, all permits TYPE OF PERMIT: require a completed application form, escrow agreement (signed by the property owner) and escrow check from owner, two copies of all plans, and three copies of all grading plans or surveys/site plans Dock, Residential Seasonal Dock-survey showing proposed dock Permanent Dock- plans as approved by CUP and copy of LMCD permit Dock, Commercial 1. Structural plans for the dock 2. Survey showing the proposed location of the dock 3. Copy of LMCD permit Driveway Permit 1. All Minor or Major Land Alteration Permit requirements 2. Hardcover calculations, existing and proposed 3. Driveway plans Land Alteration, Major 1. Plans as approved by Conditional Use Permit 2. Erosion control plan or copy of MCWD Erosion Control Permit Land Alteration, Minor 1. Grading plan including existing and proposed contours (Less than 10 cu.yds. within 75' of 2. Amount of fill to be imported and/or exported and haul route lake or less than 501 cu.yds 3. Amount of earth to be moved around on site elsewhere.) 4. Erosion control plan or copy of MCWD Erosion Control Permit Retaining Wall 1. Plans for wall(s) 2. Unless repair or exact replacement of existing wall, submit an updated survey with grading plan including existing and proposed contours 3. Hardcover calculation worksheets if in shoreland district 4. Erosion control lan or co of MCWD Erosion Control Permit Stairway to Lake 1. Construction plans for stairway, including footings 2. Topographical survey of property with proposed stairs shown 3. Erosion control plan or copy of MCWD Erosion Control Permit Structure Permit 1. Plans for structure. 2. Survey of property with proposed structure shown and with setbacks to property lines, other structures on property and the septic system indicated. The general location of any sewer and water services should be shown if applicable. 3. Grading plan if grading is required 4. Hardcover calculation worksheets if in shoreland district 5. Erosion control plan or cop of MCWD Erosion Control Permit Tree Removal Call: 952-249-4600 to schedule a single tree removal inspection. A re-planting plan/ management plan required for clear cutting, buckthorn or other intensive vegetation removal. Updated: December 30,2011 Christine Mattson From: Dan Seidel [Dan@BankersTitleMN.com] Sent: Thursday, May 23, 2013 11:59 PM To: Christine Mattson Subject: FW: Driveway Survey 3015/3025 Casco Point Road Christine: Please see below. This is time sensitive because the Standas are trying to finish the asphalt today on their project. Please let me know when you have received this. Thank you. Dan Seidel From: Dan Seidel Sent: Thursday, May 23, 2013 11:11 PM To: 'Melanie Curtis' Cc: Helena Seidel Subject: RE: Driveway Survey 3015/3025 Casco Point Road Hi Melanie: We had a discussion with the Standas tonight. We are willing to sign on off on the easement as long as the following is added. 1. Standas and Seidels to agree on construction materials and design of retaining wall. 2. Seidel and Standas agree to execute modification of easement reflecting new dimensions and design. 3. Standas agree to install on 5/24/2013 a silt fence to hold the excavated area in place. My wife will be by in the morning around 8:00 am so if these changes could be added right away. Also, Mrs. Standa asked that my wife pick up the permit for her and bring back to the Standas. Please contact me at(651) 226-3334 with any questions. Thank you. Dan Seidel From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Wednesday, May 08, 2013 9:34 AM To: Dan Seidel Subject: RE: Driveway Survey 3015/3025 Casco Point Road Yes, it would be helpful if you would sign off on the actual permit. Would you be willing to stop in and sign it before we issue it? We are preparing for it to be issued today. I asked Jesse to incorporate your concerns into conditions to be placed on the permit. Melanie Curtis � 952.249.4627 � mcurtisCa�ci.orono.mn.us From: Dan Seidel [mailto:DanCa�BankersTitleMN.com] Sent: Wednesday, May 08, 2013 8:45 AM To: Melanie Curtis Subject: RE: Driveway Survey 3015/3025 Casco Point Road 1 Do we need to sign off on anything? From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Wednesday, May 08, 2013 8:17 AM To: Dan Seidel Cc: Jesse Struve Subject: Driveway Survey 3015/3025 Casco Point Road Dan Have you see the latest version of Mr. Standa's plans? I have attached as much of the plan as I could fit in our scanner for your review. Our engineer Jesse Struve has reviewed and approved the plans. In speaking to Mr. Standa's surveyor yesterday it seemed as though Mr. Standa's preference would be to grade into your property and not construct a wall, however the wall (with a note about the grading option) is what is shown on the plans. Have you discussed either plan with the Standas? Please let me know your thoughts. 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: mcurtisCo�ci.orono.mn.us Website: www.ci.orono.mn.us City of Orono Office Hours Monday - Friday 8:00 am - 4:30 pm 2 � r Melanie Curtis From: Melanie Curtis Sent: Wednesday, May 22, 2013 11:48 AM To: 'Dan Seidel' Cc: Christine Mattson; Monica Fadness Subject: RE: Driveway Survey 3015/3025 Casco Point Road Dan We have Standa's permit ready for issuance. You or your wife will need to stop in here to sign it before we can issue it. Our summer hours are 730 to 5 M-TH and 730-1130 on Fridays. Additionally, if Standa chooses to re-grade outside the easement instead of the proposed wall you will need to provide us with written approval. Melanie Melanie Curtis � 952.249.4627 � mcurtis@ci.orono.mn.us From: Dan Seidel [mailto:DanCa�BankersTitleMN.com] Sent: Wednesday, May 08, 2013 8:45 AM To: Melanie Curtis Subject: RE: Driveway Survey 3015/3025 Casco Point Road Do we need to sign off on anything? From: Melanie Curtis [mailto:MCurtis@ci.orono.mn,us] Sent: Wednesday, May 08, 2013 8:17 AM To: Dan Seidel Cc: Jesse Struve Subject: Driveway Survey 3015/3025 Casco Point Road Dan Have you see the latest version of Mr. Standa's plans? I have attached as much of the plan as I could fit in our scanner for your review. Our engineer Jesse Struve has reviewed and approved the plans. In speaking to Mr. Standa's surveyor yesterday it seemed as though Mr. Standa's preference would be to grade into your property and not construct a wall, however the wall (with a note about the grading option) is what is shown on the plans. Have you discussed either plan with the Standas? Please let me know your thoughts. 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(a)ci.orono.mn.us 1 � , Christine Mattson From: Melanie Curtis Sent: Wednesday, May 08, 2013 10:42 AM To: 'Scott Standa' Cc: Jesse Struve; Christine Mattson Subject: Permit escrow for#2012-01168 Attachments: Escrow Agreement-Zoning Permit w Erosion Control.pdf Good morning, Scott. Attached is an escrow agreement relating to the grading permit application 2012-01168. Please sign and submit at or before the issuance of the permit. The escrow agreement previously submitted with the application is marked"Sample"and is not an official document. Please use the attached. 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: mcurtisCa�ci.orono.mn.us Website: www.ci.orono.mn.us City of Orono Office Hours Monday - Friday 8:00 am - 4:30 pm 1 Christine Mattson From: Christine Mattson Sent: Friday, May 03, 2013 1:29 PM To: 'Scott Standa'; 'Mark' Cc: Melanie Curtis; Jesse Struve Subject: 3025 Casco Point Road Attachments: admin@ci.orono.mn.us_20130503_111715.pdf The attached was received today via facsimile, so I'm assuming iYs from the applicant/contractor, Larry Maguire. As Jesse's email stated yesterday, all proposed changes must be shown on a survey. If you have any questions, please don't hesitate to contact us. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physica/addressJ PO Box 66 Crystal Bay MN 55323-0066 (mailing addressJ `�' 952.249.4620 � 952.249.4616 �! cmattson@ci.orono.mn.us � www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm Summer Office Hours begin Monday, May 20,2013 Monday-Thursday: 7:30 am to 5 pm/ Friday 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday, May 27, 2013 (Memorial DayJ 1 ... ......._..___ .�_... ._�...__--___._ ........_. � 2013-05-03 02;07 » 9522494616 ��P 1/1 c�t�r vt Arono � G, h � , 3-�� j'��l Q��r s�'� (9sz)Za9-a661-a►�en �952)249•4616-Fax www.ci.orono.mn.us � � �,� sTardQ �56h � �,A�,a�. .�rlU�� raw ��r-q `� 1�� H� ( �� -�-__�----_ __ � �� ,��- Q/� a ° � �` �_�. .�a�.h �" � �-r� � ��-- J 5�r,��" f,�ovs� ��-- ��`T�-�' � — �yo �r`, D�' ` �� Na,r,�-t.� ly�nlf`�. ,�� o� W►d�. �� 1 v��"`� .�-'_` r Jr�u"' � � � -. 2 2�1�0�-03 01:50 CITY OF ORONO 9522494616 Page 2 ' ,�_ �si�►L�� w I�� MAY 3 0 1013 CITY OF (?�ONO Christine Mattson From: Christine Mattson Sent: Thursday, May 02, 2013 3:15 PM To: 'Scott Standa'; 'Mark' Cc: Melanie Curtis; Jesse Struve Subject: 3025 Casco Point Rd /#2012-01168 Good Afternoon. City Engineer,Jesse Struve, has reviewed the survey submitted dated, April 2, 2013 and has the following comments. After his comments have been addressed, please submit an updated survey so we can continue our review of the application. A copy of this email is being faxed to the applicant/contractor: Larry Maguire at 320-864-5412 If you have any questions, please don't hesitate to contact us. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway � Orono � MN � 55356 (physical addressJ PO Box 66 � Crystal Bay � MN � 55323-0066 (mailing addressJ �' 952.249.4620 � g 952.249.4616 � cmattson@ci.orono.mn.us � � www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm Summer Office Hours begin Monday, May 20,2013 Monday-Thursday: 7:30 am to 5 pm/ Friday 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday, May 27, 2013 (Memorial DayJ From: Jesse Struve Sent: Thursday, May 02, 2013 2:50 PM To: Melanie Curtis Cc: Christine Mattson Subject: 20130502 3025 Casco Point Rd - 2012-01168 Melanie, I have reviewed the survey for the proposed driveway and have the following comments: • The survey does not show what driveway expansion is being proposed. • The survey does not show the proposed grading to take place, north of the proposed driveway expansion. Jesse Struve, PE Director of Public Works/City Engineer 1 TRANSMISSION VERIFICATIDN REPORT TIME : 65I0212013 15: 19 NAME : ORONO FAX : 9522494616 TEL : 9522494615 SER. # : BROL2J412094 DATE,TIME 05I�2 15: 19 FAX N0. lNAME 13208645412 DURATION 00: ��: 23 PAGE(S} �2 RESULT OK MODE STANDARD ECM Christine Mat�an From; Christine Mattson Sent: Thursday, May 02, 2013 3:15 PM To: 'Scot#Standa'; 'Mark' Cc: Melanie Curtis; Jesse Struve Subjea#: 3025 Casao Point f2d!#2012�Q1168 Good Afternoon. City Engineer,Jesse Strwe, has reaiewed the survey submitted dated, April 2, 2013 and has the following comments. After his comments have been addressed, please submat an updated survey sv we can cantinue our review of the application. A copy of this email �s being faxed to the applicant/can#raGtar: Larry Maguir�at 32p-86�4�5412 If you have any questians,please don't hesitate to contact us. Chr�stfne Matts4n Planning Assistant City of�rono 2750 Kelly Parkway � Orono � MN � 55355 (physical addressJ PO Box 66 � Crystal Bay � MN ( 55323-Qp56(mailing address} � 952.249.4f2p � r� 952.249.461fi �I cmattson@ci.Qr011p.mn.us � �+ www.ci.o.ro.na.mn.us Office Haurs: Manday- Friday $am to 4;30 pm 5urr�mex Qffice Hours begin Mor�day, May 20, 2013 Monday-Thursday: 7:30 am to 5 pm/Friday 7:30 am Co 11:30 am Jesse Struve From: Jesse Struve Sent: Thursday, May 02, 2013 2:50 PM To: Melanie Curtis Cc: Christine Mattson Subject: 20130502 3025 Casco Point Rd -2012-01168 Melanie, I have reviewed the survey for the proposed driveway and have the following comments: • The survey does not show what driveway expansion is being proposed. • The survey does not show the proposed grading to take place, north of the proposed driveway expansion. Jesse Struve, PE Director of Pubiic Works/City Engineer City of Orono (952) 249-4661- Direct (952) 249-4616- Fax www.ci.orono.mn.us 1 Melanie Curtis From: Jessica Loftus Sent: Friday, January 25, 2013 11:44 AM To: Melanie Curtis Subject: FW: Hulbert encroachment claim Below is more information Mr. Standa wants included for 2/25. From: Scott Standa [mailto:standadpm@aol.com] Sent: Friday, January 25, 2013 10:20 AM To: Jessica Loftus Subject: Fwd: Hulbert encroachment claim Sent from my iPhone Begin forwarded message: From: "lohn H. Strothman° <jstrothman@lindauist.com> Date:October 11, 2012, 11:56:44 AM CDT To: "'Nelson,James"' <JNelsonCc�Bri��s.com> Cc: "Diana L. Davis" <ddavis@lindquist.com>, "standadpm@aol.com" <standadpm@aol.com>, "iastrothman@msn.com" <jastrothman@msn.com> Subject: RE: Hulbert encroachment claim Jim, Apparently the recent surveyor's actions are different than earlier surveys and stakes are misplaced . I think the Hulberts are remiss if they do not get a survey locating the driveway encroachment since they are already paying for the surveyor to stake it out!! Please be sure your client does not exercise any "self help" prior to this matter being resolved.Your client does NOT have my clients consent to tear up or adversely affect any of his driveway. Incidentally I understand that the alleged encroachment area affected, contrary to your rough x's, is located elsewhere and off of another parcel owned by another party over which my client has an easement. That party does not believe the Hulbert's are accurate (or being reasonable) making it difficult for my client to move his driveway even it that is someday determined to be appropriate. Decades of use make this situation hard for all neighbors affected to comprehend. I hope you can bring some sanity to this problem before there is more ill will created among neighbors by your client's recent demand. Jack From: Nelson, James [mailto:JNelsonCa>Briggs.com] Sent: Thursday, October li, 2012 11:22 AM To: John H. Strothman Cc: Diana L. Davis; Jay Hulbert Subject: RE: Jack, � Sorry it's taken me a while to respond, but in response to your email,the x's are where the encroachment sits. As I understand it the Hulberts' surveyor has staked out where the landscape construction will occur and the Standas can see it. From looking at the Standa torrens certificate, you can see that the Standas easement is the southerly 12 feet of Tract C. However, it is really up to the Standas and not the Hulberts to determine where their easement is over Tract C and use that area. All the Hulberts care about is that there is no easement over their property and they are asserting their rights to their entire property. They are not at all interested in monetary compensation. And in answer to your question as to whether more than blacktop is involved in this problem, as far as I know the answer is no, there are no other structures encroaching. Jim From: John H. Strothman [mailto:jstrothmanCa�lindquist.com] Sent: Monday, October 08, 2012 3:09 PM To: Nelson, James Cc: Diana L. Davis Subject: RE: Jim, I will look at your diagrams further and have my client do so but from your X's I cannot really make out where the alleged encroachment sits and its size. Did the Hulberts'surveyor not locate the driveway problem on a survey. If the problem is real and the solution is to move the driveway it would appear everyone will need to know where the easement is and where the alleged encroachment lies. Is more than blacktop involved in this problem? After decades of use "as is" does your client really want to disrupt and relocate the driveway and yards of his two neighbors or would he settle for a monetary consideration for an easement over whatever land is presently part of an encroaching driveway. Jack From: Nelson, James [mailto:JNelsonCa�Brgqs.com] Sent: Monday, October 08, 2012 1:22 PM To: John H. Strothman Cc: )ay Hulbert Subject: Jack, Thanks for your call this afternoon. As promised, I am enclosing the following: 1. The portion of the 1993 survey(I already sent you a large copy)where I have "x'd"the area that is on the Hulbert's property but is the driveway being used by the Standas. 2. The boundary survey done by the Hulberts before they purchased the property. 3. The certificate of title to the Standas' property. Note the memorial for a driveway easement over a portion of Tract C of RLS 394. 4. A copy of RLS 394. Mr. Hulbert's landscaping plans involve new landscaping in an area which includes the area I have "x'd" on item 1. The effect of this will be that the Standas will not be able to use the existing driveway to get 2 to Casco Point Road; it will be too narrow for a car. They have legal access via the memorialized easement, but their physical roadway is not wholly on that easement area. They need to construct their driveway in the memorialized easement area,which is over Parcel C, not over my client's parcel. I am available to discuss at your convenience. Jim ,� k�, James E. Nelson Attorney Briggs and Morgan, P.A. Direct 612.977.8457; Cell 612.889.7309 Fax 612.977.8650 jnelson@briqqs.com 2200 IDS Center � 80 South 8th Street � Minneapolis, MN 55402 CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re-transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail,please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney-client or work-product privilege. This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messagelabs.com) This email has been scanned for all viruses by the MessageLabs SkyScan service. (http://www.messa�elabs.com) NOTICES IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that, except to the extent expressly provided to the contrary, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any 3 Christine Mattson From: Jesse Struve Sent: Thursday, November 29, 2012 2:51 PM To: 'standadpm@aol.com' Cc: Melanie Curtis; Christine Mattson Subject: RE: 3025 Casco Pt Rd / Permit#2012-01168 Mr. Standa, The survey submitted for your application is not complete. In order for me to be able to review your permit,the survey will need to include the following items: 1. The entire existing driveway location. This includes the area located on your property. 2. The proposed driveway location and how it is going to be connect to the existing driveway. 3. Location of all buildings/structures located within 50' of the lot lines. This includes all structures on your property. 4. Existing and proposed contours (1' increments)throughout your property and 50'on either side of the driveway and property lines. Without this information being included on the survey, I cannot review or approve your permit application. I would be more than happy to discuss the items in more detail. I can be reached directly at 952-249-4661 or at istruve@ci.orono.mn.us. Jesse Struve, PE Director of Public Works/City Engineer City of Orono (952) 249-4661 - Direct (952) 249-4616- Fax www.ci.orono.mn.us From: Christine Mattson Sent: Thursday, November 29, 2012 1:45 PM To: Jesse Struve Cc: Melanie Curtis Subject: FW: 3025 Casco Pt Rd / Permit #2012-01168 Jesse, Am email from Standa, please reply. Thanks! From: standadpm@aol.com [mailto:standadqm@aol.com] Sent: Thursday, November 29, 201Z 12:03 PM To: Christine Mattson Cc: Melanie Curtis; iastrothman@msn.com Subject: Re: 3025 Casco Pt Rd / Permit #2012-01168 Christine, The list from Mr. Struve referred me to the City of Orono city regarding permits. The numbers in my reply refer chronologically to permit requirement numerology. Just as an aside at this point in time there have been 6 surveys reviewed in an attempt to move a driveway 4 feet northerly and 80 feet east to west. This is being done because the � Siedel property (property C) is encroaching on Mr. HurlberYs land. My driveway runs through the encroachment as a Torrens/registered easement which means that this land described in the easement can only be used for a carriageway/driveway for property B (Standa). I can not use it for a sewer, electrical conduit or anything else. Conversely the Siedel's cannot build on,improve in any way on this easement to impede access to my house. Trust me on this I have and will continue to receive sound legal opinions on this matter. The Siedel's did in fact make improvements on the easement when they built their house. These improvements were approved by the City Of Orono. That is a matter of public record. 1. Done 2. Done 3. Done 4. Not applicable. 5. no building or structures proposed. 6. Not applicable. 7.320 square feet. 8. On survey 9. Not applicable. 10.Not applicable. 11.On survey. The survey is of the easement. 12.No change in grading the driveway is to be moved north 4 feet. 13. Previous survey which I you were provide with and you rejected without cause has all this informatin. 14. None 15. Not applicable. Respectfully, S Scott Standa -----Original Message----- From: Christine Mattson <CMattson(a�ci.orono.mn.us> To: 'Scott Standa' <standadpm(a�aol.com> Cc: Melanie Curtis <MCurtis(a�ci.orono.mn.us> Sent: Wed, Nov 28, 2012 9:19 am Subject: 3025 Casco Pt Rd / Permit#2012-01168 Scott, City engineer, Jesse Struve, has reviewed the zoning permit application and has the following comments. Please address his concerns and submit an updated survey for our review. Don't hesitate to contact us if you have any questions. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical address) PO Box 66 Crystal Bay MN 55323-0066 (mailing address) ? 952.249.4620 6 952.249.4616 � cmattsonCa�ci.orono.mn.us ; www.ci.orono.mn.us Office Hours: Monday - Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Monday& Tuesday, December 24 &25, 2012 Tuesday, January 1, 2013 z From: Jesse Struve Sent: Wednesday, November 28, 2012 8:18 AM To: Melanie Curtis; Christine Mattson Subject: 20121128 3025 Casco Pt Rd -2012-01168 Melanie, I have reviewed the submitted survey for the proposed driveway at 3025 Casco Pt Rd. This survey does not address any survey requirements. Please have the surveyor address all items called out on the survey requirements. These requirements can be found on the City's website at: http://www.ci.orono.mn.us/vertical/Sites/%76CBFC8FAF-C313-4854-A229- 98A3482257F0%7D/uploads/Surve�Requirements.pdf Jesse Struve, PE Director of Public Works/City Engineer City of Orono (952) 249-4661 - Direct (952) 249-4616 - Fax www.ci.orono.mn.us 3 Christine Mattson From: standadpm@aol.com Sent: Thursday, November 29, 2012 12:03 PM To: Christine Mattson Cc: Melanie Curtis;jastrothman@msn.com Subject: Re: 3025 Casco Pt Rd/ Permit#2012-01168 Christine, The list from Mr. Struve referred me to the City of Orono city regarding permits. The numbers in my reply refer chronologically to permit requirement numerology. Just as an aside at this point in time there have been 6 surveys reviewed in an attempt to move a driveway 4 feet northerly and 80 feet east to west. This is being done because the Siedel property (property C) is encroaching on Mr. Hurlbert's land. My driveway runs through the encroachment as a Torrens/registered easement which means that this land described in the easement can only be used for a carriageway/driveway for property B (Standa). I can not use it for a sewer, electrical conduit or anything else. Conversely the Siedel's cannot build on,improve in any way on this easement to impede access to my house. Trust me on this I have and will continue to receive sound legal opinions on this matter. The Siedel's did in fact make improvements on the easement when they built their house. These improvements were approved by the City Of Orono. That is a matter of public record. 1. Done 2. Done 3. Done 4. Not applicable. 5. no building or structures proposed. 6. Not applicable. 7.320 square feet. 8. On survey 9. Not applicable. 10.Not applicable. 11.On survey. The survey is of the easement. 12.No change in grading the driveway is to be moved north 4 feet. 13. Previous survey which I you were provide with and you rejected without cause has all this informatin. 14. None 15. Not applicable. Respectfully, S Scott Standa -----Original Message----- From: Christine Mattson <CMattsonCa�ci.orono.mn.us> To: 'Scott Standa' <standadpmCc�aol.com> Cc: Melanie Curtis <MCurtisCa�ci.orono.mn.us> Sent: Wed, Nov 28, 2012 9:19 am Subject: 3025 Casco Pt Rd / Permit#2012-01168 Scott, City engineer, Jesse Struve, has reviewed the zoning permit application and has the following comments. Please address his concerns and submit an updated survey for our review. Don't hesitate to contact us if you have any questions. i Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical address) PO Box 66 Crystal Bay ' MN 55323-0066 (mailing address) � 952.249.4620 6 952.249.4616 � cmattsonCa�ci.orono.mn.us ; www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Monday& Tuesday, December 24 & 25, 2012 Tuesday, January 1, 2013 From: Jesse Struve Sent: Wednesday, November 28, 2012 8:18 AM To: Melanie Curtis; Christine Mattson Subject: 20121128 3025 Casco Pt Rd -2012-01168 Melanie, I have reviewed the submitted survey for the proposed driveway at 3025 Casco Pt Rd. This survey does not address any survey requirements. Please have the surveyor address all items called out on the survey requirements. These requirements can be found on the City's website at: http://www.ci.orono.mn.us/vertical/Sites/%76C BFC8FAF-C313-4854-A229- 98A3482257F0%7D/uploads/Survey Requirements.pdf Jesse Struve, PE Director of Public Works/City Engineer City of Orono (952) 249-4661 - Direct (952) 249-4616 - Fax www.ci.orono.mn.us z Christine Mattson From: Christine Mattson Sent: Wednesday, November 28, 2012 9:20 AM To: 'Scott Standa' Cc: Melanie Curtis Subject: 3025 Casco Pt Rd / Permit#2012-01168 Scott, City engineer, Jesse Struve, has reviewed the zoning permit application and has the following comments. Please address his concerns and submit an updated survey for our review. Don't hesitate to contact us if you have any questions. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway ! Orono ' MN 55356 (physical addressJ PO Box 66 Crystal Bay MN 55323-0066 (mailing addressJ S' 952.249.4620 8 952.249.4616 � cmattson@ci.orono.mn.us ' � www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Monday& Tuesday, December 24& 25, 2012 Tuesday,January 1, 2013 From: Jesse Struve Sent: Wednesday, November 28, 2012 8:18 AM To: Melanie Curtis; Christine Mattson Subject: 20121128 3025 Casco Pt Rd - 2012-01168 Melanie, I have reviewed the submitted survey for the proposed driveway at 3025 Casco Pt Rd. This survey does not address any survey requirements. Please have the surveyor address all items called out on the survey requirements. These requirements can be found on the City's website at: http://www.ci.o ro no.m n.us/ve rtica I/Sites/%7 BCB FC8FAF-C313-4854-A229- 98A3482257F0%7D/uploads/Survev Requirements.pdf Jesse Struve, PE Director of Public Works/City Engineer City of Orono (952) 249-4661 - Direct (952) 249-4616- Fax www.ci.orono.mn.us i � r Jesse Struve From: Jesse Struve Sent: Wednesday, November 28, 2012 8:18 AM To: Melanie Curtis; Christine Mattson Subject: 20121128 3025 Casco Pt Rd -2012-01168 Melanie, I have reviewed the submitted survey for the proposed driveway at 3025 Casco Pt Rd. This survey does not address any survey requirements. Please have the surveyor address all items called out on the survey requirements. These requirements can be found on the City's website at: http://www.ci.orono.m n.us/vertical/Sites/%76CBFC8FAF-C313-4854-A229- 98A3482257F0%7D/uploads/Survev Requirements.pdf lesse Struve, PE Director of Public Works/City Engineer City of Orono (952) 249-4661 - Direct (952) 249-4616- Fax www.ci.orono.mn.us i Melanie Curtis From: Scott Standa [standadpm@aol.com] Sent: Friday, November 02, 2012 10:32 PM To: Melanie Curtis;jstrothman@lindquist.com Subject: Re: Driveway permit process Melanie, Come out and look for yoursel£ You are mistaken about the driveway width which remains for my access. Have you looked at the building survey? The improvements are on the easement which are reserved for my access. The registered document indicates the easement description and what it is for my carriage way to Casco Point. It can not be blocked by improvements of the land that infringe on the described 12 feet. Respectfully, S Scott Standa Sent from my iPhone On Nov 2, 2012, at 4:30 PM, Melanie Curtis <MCurtis e ci.orono.mn.us> wrote: Scott The City of Orono approved a grading plan for the Seidel's home with your driveway and the easement in mind. The home was held out of the easement area and your driveway fits around it. There was significant care taken to grade the area between the driveway and the proposed home in order to avoid impacting the home during and after construction. Your property benefits from an easement allowing driveway access from Casco Point Road over private property; you do not own the property or even the driveway within the easement. In the City's opinion, the owner of that property has to authorize or participate in the grading/driveway application. You will not be issued a permit to conduct work on property you do not own without the owner's participation/permission. According to the survey information we have on file, if Hulbert removed the driveway hardcover which encroaches on his property you would be left with a minimum width of approximately 6 feet for about 70 feet along the southeast side of the Seidels' home. I think you should work with Seidels regarding the permit. We are encouraging Hulbert to work with you however if he were to simply remove hardcover from his property he could do so without a permit. Melanie Melanie Curtis � 952.249.4627 � mcurtis@ci.orono.mn.us From: standadpm@aol.com [mailto:standadpm@aol.com] Sent: Friday, November 02, 2012 1:29 PM To: Melanie Curtis; istrothman@lindquist.com Subject: Re: Driveway permit process Melanie, Where would this have been found on the original permit application? An overriding concern on our part is the City of Orono approved significant costly drain field requirements implemented by the Siedel's on a building plan/survey which clearly indicates those improvements would be made on the driveway easement which my property controls and which is subject to Torrens law and is also registered for my � property. Dare I say this was an oversite by the planning commission or in my ignorance is there a statute/city ordinance which allows for Orono to force land improvements on someone when the land in question is controlled by another party? Finally if you approve Hurlbert before I can move my driveway how do I use my house? -----Original Message----- From: Melanie Curtis <MCurtisCa�ci.orono.mn.us> To: 'STANDADPMCa�AOL.COM' <STANDADPM(a�AOLCOM> Cc: Christine Mattson <CMattson(a�ci.orono.mn.us> Sent: Fri, Nov 2, 2012 9:55 am Subject: RE: Driveway permit process Scott City Code section 86-68 specifically requires survey submittal for building and other permits. Here is a link to this code. You have asked if you can widen your existing driveway (within the boundaries of the easement) as Hulbert intends to remove your encroaching driveway hardcover from his property. Because your driveway exists within an easement on the Seidels' propertv the Seidels would have to participate in, or make the grading/driveway application. You will not be issued a permit to conduct work on property you do not own without the owner's participation/permission. A survey, grading plan and hardcover calculations are required for this permit to assure the Seidels' home or the adjacent property are not adversely affected. The plan your wife brought in was an existing survey with the proposed changes hand drawn on it; this is not acceptable for permit issuance. I have attached the permit application form. A$2000 erosion control escrow will be required in addition to the permit fee. If you have questions please call or email. Thanks, 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 8�Zoning Office 952.249.4620 Email: mcurtisaC�ci.orono.mn.us Website: www.ci.orono.mn.us City of Orono Office Hours Monday-Friday 8:00 am-4:30 pm ------------------------------------------- From: Scott Standa[SMTP:STANDADPM(c�AOL.COM] Sent: Wednesday, October 31, 2012 10:11:49 AM To: Planning Subject: Driveway permit process Auto forwarded by a Rule Christine, My wife told me we need a survey for proposed forced relocation of are driveway. The permit applications for driveways and minor land alteration does not specify that requirement. My application provided a survey from the Siedel's with my Torranced and registered driveway easement clearly marked and z plotted. My wife also related that the Siedel's must agree to my reclaiming of our Torrance and registered easement property whereas Mr Hurlbert per his attorney has no such requirement. Could you be so kind to explain on how I/We would have or should have known of the survey requirement? Also why the apparent different interpretations of Torrance law by your department?As an aside consider what will transpire when Mr. Huribert exercises his right to block my access to my home from Casco Point Road as a result of Orono not allowing me to comply with his patient and reasoned requests. Respectfully, S Scott Standa Sent from my iPhone 3 Melanie Curtis From: standadpm@aol.com Sent: Friday, November 02, 2012 1:29 PM To: Melanie Curtis;jstrothman@lindquist.com Subject: Re: Driveway permit process Melanie, Where would this have been found on the original permit application?An overriding concern on our part is the City of Orono approved significant costly drain field requirements implemented by the Siedel's on a building plan/survey which clearly indicates those improvements would be made on the driveway easement which my property controls and which is subject to Torrens law and is also registered for my property. Dare I say this was an oversite by the planning commission or in my ignorance is there a statute/city ordinance which allows for Orono to force land improvements on someone when the land in question is controlled by another party? Finally if you approve Hurlbert before I can move my driveway how do I use my house? -----Original Message----- From: Melanie Curtis <MCurtisCa�ci.orono.mn.us> To: 'STANDADPM@AOL.COM' <STANDADPM(ca�.AOL.COM> Cc: Christine Mattson <CMattson(a�ci.orono.mn.us> Sent: Fri, Nov 2, 2012 9:55 am Subject: RE: Driveway permit process Scott City Code section 86-68 specifically requires survey submittal for building and other permits. Here is a link to this code. You have asked if you can widen your existing driveway (within the boundaries of the easement) as Hulbert intends to remove your encroaching driveway hardcover from his property. Because your driveway exists within an easement on the Seidels' propertv the Seidels would have to participate in, or make the grading/driveway application. You will not be issued a permit to conduct work on property you do not own without the owner's participation/permission. A survey, grading plan and hardcover calculations are required for this permit to assure the Seidels' home or the adjacent property are not adversely affected. The plan your wife brought in was an existing survey with the proposed changes hand drawn on it; this is not acceptable for permit issuance. I have attached the permit application form. A$2000 erosion control escrow will be required in addition to the permit fee. If you have questions please call or email. Thanks, 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(a�ci.orono.mn.us Website: www.ci.orono.mn.us City of Orono Office Hours Monday-Friday 8:00 am-4:30 pm ------------------------------------------- From: Scott Standa[SMTP:STANDADPM(c�AOL.COM] � Sent: Wednesday, October 31, 2012 10:11:49 AM To: Planning Subject: Driveway permit process Auto fonrvarded by a Rule Christine, My wife told me we need a survey for proposed forced relocation of are driveway. The permit applications for driveways and minor land alteration does not specify that requirement. My application provided a survey from the Siedel's with my Torranced and registered driveway easement clearly marked and plotted. My wife also related that the Siedel's must agree to my reclaiming of our Torrance and registered easement property whereas Mr Huribert per his attorney has no such requirement. Could you be so kind to explain on how I/We would have or should have known of the survey requirement?Also why the apparent different interpretations of Torrance law by your department?As an aside consider what will transpire when Mr. Hurlbert exercises his right to block my access to my home from Casco Point Road as a result of Orono not allowing me to comply with his patient and reasoned requests. Respectfully, S Scott Standa Sent from my iPhone 2 Melanie Curtis From: Scott Standa [standadpm@aol.com] Sent: Saturday, November 03, 2012 1:52 PM To: Melanie Curtis Subject: Fwd: FW: As you can ascertain from this Mr. Hurlbert's counsel understands that his clients planned course of action will block my access and require moving my driveway. Respectfully, S Scott Standa Sent from my iPhone Begin forwarded message: From: "John H. Strothman" <jstrothman@lindquist.com> Date: October 8, 2012, 7:35:00 PM CDT To: "standadpm@aol.com" <standadpm@aol.com> Cc: "Diana L. Davis" <ddavis@lindquist.com> Subject: FW: fyi From: John H. Strothman Sent: Monday, October 08, 2012 3:09 PM To: 'Nelson, James' Cc: Diana L. Davis Subject: RE: Jim, I will look at your diagrams further and have my client do so but from your X's I cannot really make out where the alleged encroachment sits and its size. Did the Hulberts'surveyor not locate the driveway problem on a survey. If the problem is real and the solution is to move the driveway it would appear everyone will need to know where the easement is and where the alleged encroachment lies. Is more than blacktop involved in this problem? After decades of use "as is" does your client really want to disrupt and relocate the driveway and yards of his two neighbors or would he settle for a monetary consideration for an easement over whatever land is presently part of an encroaching driveway. Jack From: Nelson, James [mailto:JNelson@Briggs.com] Sent: Monday, October 08, 2012 1:22 PM To: John H. Strothman Cc: Jay Hulbert Subject: i Jack, Thanks for your call this afternoon. As promised, I am enclosing the following: 1. The portion of the 1993 survey(I already sent you a large copy)where I have "x'd"the area that is on the Hulbert's property but is the driveway being used by the Standas. 2. The boundary survey done by the Hulberts before they purchased the property. 3. The certificate of title to the Standas' property. Note the memorial for a driveway easement over a portion of Tract C of RLS 394. 4. A copy of RLS 394. Mr. Hulbert's landscaping plans involve new landscaping in an area which includes the area I have "x'd" on item 1. The effect of this will be that the Standas will not be able to use the existing driveway to get to Casco Point Road; it will be too narrow for a car. They have legal access via the memoriali2ed easement, but their physical roadway is not wholly on that easement area. They need to construct their driveway in the memorialized easement area,which is over Parcel C, not over my client's parcel. I am available to discuss at your convenience. Jim � �. .�� lames E. Nelson Attorney Briggs and Morgan, P.A. 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