Loading...
HomeMy WebLinkAboutVoided permit#2012-00878 and all associated paperwork , City of Orono Building Permit Application for a Swimming Pool Mailing Address: Permit number: �lo�- � g 7 �,�,�.\ PO Box 66 � �\ ��,,\ Crystal Bay, MN 55323-0066 ate received: �"�j '� �" '"� I� Rec 'ved b ,� `�'�,�: �` �, I Street Address: Y� �' ��� '����>��� ti�'� 2750 Kelle Parkwa c���,��=�,�� Y Y Plan re ' w fee: '� � , � k E S H�4' Orono, MN 55356 d r 0� a,v-� g 7-� - Total Fee� Main: 952-249-4600 Fax: 952-249-4616 w�,^r,^� i o no.mn.u� This application form must be completed i full and I equired inform on st be submitted. Incomplete application will be r t rned. (Ple�se print --� GENERAL INFORMATION: � j� Job Site Ad ess: Z6 �,�� Df. CONTRA OR I APPL AN INFO� A�TION: Name: ��-G� � ��d State License# piration Date: Phone: /, (� ax: Address: � ' P �� (.� ' �� Cit : � � /a.c.�.- ZIP: �- � � ,_ Contact Pers n: - �cG� / ContacY phone number �_..- Email A I� ant is: Contractor Homeowner • ���oie one� � '�_. __... PROPERTY OWN INFORMA ION: Name: �,h q ll� �_,.�. Phone (day): Mailing Address: �ZO � ��,h r. ZIP: �3�' Email and/or Fax ENGINEER INFORMATION: Name: ✓��C� � %N C. Phone: � 5"3+�- � - � _ Address: S '3 � � I' Cit : L.� ZIP: 7 S" �/ ( Email Fax: ���� - G�L��} - j� y 7 PROJECT INFORMATION: 1. Pool Dimensions: 4.Accessory to: 5. Pool Type: 6. Sewage Disposal 8 �� Water Supply X ��feet (�'Single Family ❑Above ground ❑ Public Sewer 2. Heated? ❑ Multiple Family/Condo J$(In-ground �(yes ❑ no � Public ,�Private Sewer ❑ Other(specify) 3. Excavated materials will be: ❑ Commercial ❑ Public Water ❑ Industrial ❑ removed from site 6. Retaining Walls? �Private Well �used on site ❑ Other: (specify) ❑ yes � no ❑ Other: (specify) Height Total Cubic Yards 1 7 �'e`., Estimated Construction Valuation ,J _.� � Last Updated: 10/28/2010 - 7 - REQUIRED SUBMITTALS: � All of the information must be submitted in order for your application to be processed: Not Enclosed Applicable 0 ❑ Permit Ap lication 0 ❑ Plan Review Fee ❑ ❑ Pool Plans 0 ❑ Surve include�rading plan) ❑ Hardcover Calculation Worksheets ❑ ❑ Erosion Control Plan or cop of MCWD Permit i G�' ❑ Septic S stem Certification ❑ �0' Wetland Buffer Improvement Plan ❑ ❑ Escrow& Escrow A reement ❑ ❑ Other ❑ ❑ Other ❑ ❑ Other ❑ ❑ APPLICANT ACKNOWLEDGEMENT: • Agrees to provide all information required or requested by the Planning &Building Departments; • 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; • 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 permit may not be issued. � �/ /� . .► .s 'l V ApplicanYs Signature: �z�7�-r�(G' Date: � � , _ � � �' .5��� Owner's Signature ���� Date: Addre�s: ' Date: Prepared by: HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = 'a v � ��b S.F. Length Width x = S.F. X = S.F. B. Garage 3'C� x ��_ _ � 1 U S.F. C. Driveway �(S _ x (�7(� = D���j� S.F. � � X r� = r �s a s.F. D. Sidewalk x = S.F. % X = S.F. ��,vZ�r` `/ �- E. Patio/De� t}7 x � _ ��-.� S.F. �� �7 x = S.F. F. Weed control x = S.F. weed barrier x = S.F. of any kind x = S.F. G. Retaining Walls x = S.F. H. Other t�vlv�`,_S � D x �� _ � � G'F �� S.F. TOTAL HARDCOVER IN ZONE ��� �� - S.F. A TOTAL PROPERTY AREA IN Z N - S.F. B A l = B x 100 = % PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House x = S.F. Length Width X = S.F. X = S.F. B. Garage x = S.F. C. Driveway x, = S.F. X = S.F. D. Sidewalk x = S.F. x .,�_ = S.F. E. Patio/Deck x ' = S.F. x = S.F. F. Weed control x = S.F. weed barrier x = S.F. of any kind x = S.F. G. Retaining Wails x = S.F. H. Other '`� �� tc�f ` � � ;. E(1/' x �� L �'' L�`7 = I j � / S.F. TOTAL HARDCOVER IN ZONE - S.F. A TOTAL PROPERTY AREA IN ZONE - S.F. B A + B x 100 = % Last Updated: 10/28/2010 - 9 - MINUTES OF TAE ORONO CITY COUNCIL MEETING , Monday,December 10,2012 ) 6:30 o'clock p.m. �`��/ /., U' *30. ADDITIONAL NETWORK/PHONE SWITCH � � Bremer moved,Printup seconded,to approve the purchase of a new Sysco 3750X switch from LOGIS in the amount of$8,752.50 with additional setup estimated to be less than $500. VOTE: Ayes 4,Nays 0. *31. REQUEST FOR WAIVER OF CONSULTANT FEES—420 DEBORAH DRIVE Bremer moved,Printup seconded,to waive the$530 engineering fees and refund the$2,500 escrow for Rachaelle Brady at 420 Deborah Drive. VOTE: Ayes 4,Nays 0. CITY ATTORNEY'S REPORT *32. LICENSES & PERMITS Annual Liquor Licenses On Sale 3.2 Percent Malt Liquor 1. Lakeview Golf of Orono 405 North Arm Drive 2. Orono Golf Course 265 Orono Orchard Road South Bremer moved,Printup seconded,to approve the above listed licenses. VOTE: Ayes 4,Nays 0. *33. BILLS Bremer moved,Printup seconded,to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. Page 21 of 24 CITY OF ORONO * z 0 1 z - 0 0 e 7 7 * 2750 KELLEY PARKWAY DATE ISSUED: 09/OS/2012 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 420 DEBORAH DR PIN : 31-118-23-23-0009 LEGAL DESC : MCCULLEY FARM : LOT 006 BLOCK 002 PERMIT TYPE : ADVANCED PLAN REVIEW PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ADVANCED PLAN REVIEW VALUATION : $ 30,000.00 NOTE: PLEASE FILL IN TI IE FOLLOWING: VALUATION OF PF,RMIT:$30.000.00 TYPE OF PGRMIT THIS PAYMENT[S FOR: IN-GROUND SWIMMING POOL PF,RMIT#TI IIS PRE-PAYMGNT IS TIED TO:2012-00878 APPLICANT ADVANCED PLAN REVIEW 303.39 BRADY, ROBERT& RACHAELLE TOTAL 303.39 420 DEBORAH DR MAPLE PLAIN, MN 55359- OWIYER BRADY, ROBERT& RACHAELLE 420 DEBORAH DR MAPLE PLAIN, MN 55359- AGREEMENT AND SWORN STATEMENT "I'he work for which this permit is issucd shall be perfonned according ro the approved plans and speciYications,applicable City approvals,and the State Building Code. This permit is for only the work describcd 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 no[specitied herein.This permit will expire and become null and void if construction authorized is not commenced withm 180 days of the date of issuance,or if construction is suspended for a period of 180 days at any time after work has commenced. 1'he applicant is responsible for assuring all required inspections are requested in conforn�ance with the State Building Code.This permit may be revoked a[any time for due cause. / / �/ � //Z Applicant Permitee Signature Date Issu By Signature Datc SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. i��V�c�:'.��';:r? �c�-f- ���"�' ^�3���'��..l�►�� .,• � ' �� ------- ---- - - ---------_--_ �� INACCORDF�VCEA/T'9AN51/APSP/ICG52011,THE F'L�N CFIECKCU i3Y, � _DATE y - �� - zor � INSTALLER IS RESPONSIBLE FOR PLACING ONE SKIMMER F_. � 1. FOR EVERY 800 SQUARE FEET OF SURFACE AREA AND ONE • -----. RETURN FOR EVERY 300 SQUARE FEET OF SURFACE AREA. � �� 8� 4� 8� 8� ��fL���� U�� � 4, � ��� ,,, ,_,--'"�� i � ��� i i � - � � a, '�� __---��'"��� � b' � � � � Y___"'___'_T� I I � � � � I I � i � I I � � I I � I � � � I � � I � � i�Mir,. 6 1�� lO� j 2� � � � SAFETY ROPE � � � AND FLOAT i i i i � i i � � � � i � � i � i � i o � Q� i i i � � p �------------1-�� i �O � / ��� I `0 F1 4� i i� ````� ��,� � N m � ; �` i n A � �N I ;i �� `` ' � v 8' 7' 7' 8' ------------------------- --------- � 3'-4�� b�wa�w.�r��------------------------------------- 3,_4�� 8, -}— ------------------------------------------------- � 4'-8" ICC „ --� 4' �-- 6' � 14' 12' � � 36' � CERT#ESR-2782 ��, RECTANGLE 98-0 X �V—O DIVINGlSLIDINGEQUIPMENTSHALLBE CUSTOMER:SPPMN DESIGNED FOR SVNMMING POOLS AND � SHALL BE INSTALLED IN ACCORDANCE 42° STEEL PANELS PERIMETER: 108'0" VOLUME US G81 : 24235 - �� _ �TH THE DIVING/SLIDING EQUIPMENT �OB NAME:18X36 TYPE II � � MANUFACTURER'S SPECIFICATIONS. �W� SURFACE(ft2): 648 VOLUME(Liters): 91716 '"'� �' PLEASE CONTACT THE DIVING/SLIDING EQUIPMENT MANUFACTURER FOR 2O�Z—SPL-07416 LINER(ft2): 648 DATE: 8/28l2012 DSR: 127 ' THEIR SPECIFICATIONS TIFF$�: EMAIL KIT#: CUSTOMKIT COVER(fl2): 760 SCALE: 1/8��_��-O�� MEETS DEPTH AND SHAPE MINIMUM STANDARD ANSI/APSP/ICGS 2011 RECTAN G LE SHEET: 1 OF 2 Dia a;als ,� �O� � � 1 To 2 36'0" 1 To 3 40'-3" ��' 1 To 4 18'0" Part number Descri tion QTY 2 To 3 18'0" ST0960002X 8' 8 2 To 4 40'-3" 3 To 4 36'0" ST0840002X 7' 2 ST0720001X 6' 2 ST0480001X 4' 1 ST0240000X 2' 1 Brace** Brace 12 IPC-A690 CONNECTOR CNR ANGLE 90D 42" 3 IPC-STKPK25 REBAR STAKE 18"25PC 2 40� IPC-HDWSTRT150 BOLT STR 3/8-16X1"GW NUT 150PC 2 STP90CSCDP ACRYLIC STEP CORNER 90D 8'-6" 1 '«RECOMMENDED BRACE: Genenc(XXX-XXX) A B r---------------2,���----------------------------4�0��-------------------------------� � � , � , � ; `1'. _- ''"� ; 2 ' � ,,-- ' � �`. ,-- � � � � � _--' � � i �.\ ,,,,—� i i � � i i i r----------- �'� i i i i i i i i i � i i i � � i i i i i i i i � � i _ i I � � j 0 j � � � � M I � � � I I N i --j----- F--------- 1 'i"-----------1 I � j j I I � � � I I 10 � � I 1 �.-� 1 I I �OI � I OI � j j � (J� °f � � �------------ I �OI � I i \������ I �AI i �� O i i '��_ i �mi � ; '—,,,, � ��vi i i �' —, i v u'i i � `��'� � 3 �i i i � 2 ��� 2�p�� , p�-----------------�-------------------------------------------------------------------�C A B C D 1 2'-10" 38'-3/4" 42'-11 1/4" 20'-1 114" 2 38'-3/4" 2'-10" 20'-1 114" 42'-11 1/4" 3 42'-11 1l4" 20'-1 1/4" 2'-10" 38'-3/4" 4 20'-1 114" 42'-11 1l4" 38'-3/4" 2'-10" S2 32'-9 314" 24'-5" 14'-1 3l4" 26'-1" S1 26'-1" 14'-1 3/4" 24'-5" 32'-9 3/4" H2 23'�" 34'-5" 28'-3/4" 12'-2" H1 12'-2" 28'-3l4" 34'-5" 23'-4" A 40'0" 45'-7 3/4" 22'0" RECTANGLE 18-0 X 36-0 DWG#: 2012-SPL-07416 DATE: 8/28/2012 SHEET: 2 OF 2 Topographic Survey Prepared for: RC7Ch aelle Brady \ Le� \ �. 1`�t `� _---De �rah Dri ve • Found lron Manument \ �N) /�' � \ h� 164 2��3 p¢,. �� SCALE — 76 62 (�ri �� � ,� _ �'�7 �' 2" � _ , n,3 p 50 100 200 � �Q /p/ 0$J " �r �G O � ( Ot� ���'�� ��� 'S � \� � (r �R--��°t� � , Lot 5 1 inch = 100 feet / �\ ` `''�,�Q 5,���3� �.1 __--_ , ��1g5� pp P/D: 31-118-23-23-0009 � ,.. ; , , �p P i� � i_t..; t c�' �Q ; � �(��dt) Address: 420 Deborah D�ive ��C � � Map/e P/ain, MN ` � 55359 �0�� __.- — — \ \ `C /�\�� Bocmdarv Description (per client) � ' ~� � Lot 6, Block 2, MCCULLEY FARM, �5' _t House , 2�\ ��. according to the recorded p/at � _�� ��0� � thereof, Ner,nepin County, `� " � Minnesota. Subject to any and �� -�----r-�-�` 'P �j p\ � all easements of record. 601. � � ' I 7'� l- No te: (LIr r / ��p �\ Not aN measured distances e��� /�'�+�����A J \ between existing monuments ,+� � � match plat ��� Proposec�- � .,�� \ ' meosurements. Furthe� Pool � �l survey work may be �� j � needed to verify �Dc� L o t 6 ' ., boundary line .__ __�.. locotrons. -__.�. _...__._._____ � � ��� � P ; .p��`�e�o�.l ��a�. i �� ��9�� � �Q �J ,�6�' �y� — — — – N89'S2'21"E 710.30 (meas.) 713.50 (p/af) '� �6 Detaii ��� xisting Nouse //ii�., ` 97P.7 X , , , � , �_ _, 1 -� � �, 4 , �, . _ . '� . �� I � '��g68.6 ` y . � ; � ��,, � _ - , � ,- ,. � ��n ��;�'�� .. � . ro x f X t , � ; � ,�.. I" � ' �� i lF'� , '\ �� ut�irty ?� —--—�--� —�� � � � ���6�� �, '� �; � � � � e���k • �`�'�� � � `• ( (under plastic � , , � � , � ,_.,Potio `��� ; -�� �( ; roek cover) '' �. ` . � � _r 967 , , , � , _ _ �. , � �- �� , � � � , � � ' 6' ,� , __ ... . � ; �� , .... � f � �'� ' I _.._ _� � .s��� � , ; � � ��`�-Proposed ; � Le-,qend � � ' Prop. � x 000.0 Existing Elevation � Pool Deck' � /'oo� 1 � : i � � 1 � -� � ! (000.0) Proposed Elevation � ��r�'I� � ' �(;,�' ��\`,-' ' r Drainage 4 �� `�� � � --Gas (�tility �lag O Existing Well ,' � � � � �;� �, '.. i ��0�° � �6. �> s� � Tree (deciduous) �� � ' / f'' r � i / �� �' / - , �� ���� � � � ;/ J � \ � , r `�a`" � �, ! i �,� � � , < < ! 1 � SCALE � ' �} �� �`� ��� ` �� p 15 30 80 t� �`� i ,' \ �\ \ ` �t � � ��� � �� 1 inch = 30 feet � �`, ` ^ Bearinqs based on assumed datum. Job Number.• 7469 SCHOBORG Book/Page: 75/67 Survey Dote: 8-28-12 LA D SERVICES Drawing Name: brady.dwg '�^. Drawn by. KLB t.i Re visrons: ��:�Il� 763-972-3221 8997 Co. Rd. i3 SE www.SchoborgLond.com Delano, MN 55328 Topographic Survey RE� Prepored for: RQ'C�I aell E Brady F�V�� ceaend . � ` SFP J � Found lron Monument � � ��� !�< � C� ����� I SCALE \ � ,64 2�3�¢���'� ,7�`.'�� » �oF�R�NO '' ' �65 O��''��s,J � -';�' �24t42�a� o so �o0 200 o p���) �/��,� � 75 �. ,��aa �R� P��t� _ 1 inch = 100 feet � �'a� ��3.��3�' - " " " � � - �.1 0 ----�.',�118�5o p0 P�� 31-118-23-23-0009 / v �' r ��\� ; -APPS�imote � r ���5�dt� . � ed i i � �P A res : 420 Deborah Drive �� ' � � �acotion � ,�, . \ Maple Plain, MN �• ' �� � �� _ 55359 r�� �� � �p \��,' _--- '",-. Boundory Descri tp ion (per clienf) 1 H �:; Lot 6, Block 2, MGCULLEY FARM, �0� , �Use � ��-Approx. ��\ ��-:. according fo fhe recorded plat � ' -�_ Driveway a6' `A- ��� thereof, Nennepin County, �� o ' Locotion � "� � Minnesota. Subject to ony and 1 � ��p�� ._ ' a11 eosem en ts o f reco�d. ��'�• __ 94 `_ I�''�` ,a �\ -' Note: '�PProX--, �`�:� �=.� �`:::_ p� Not ol! measured disfances a� rennis �� - \ between exrsting �� Cou�t '. Proposed--� i - ��'� �--- �O ' Locotion . 18x36 � � monuments motch plat Poo! i . A rox.---- meosuremenfs. •�� i PP � Further survey work �pc� L O� 6 , � Mo n/d may be needed ' — to verify boundory � Locafion % �- lrne locafions. , (95ftx41 ft) � i - � 1 �� ' ��0��� �_ � \ .�. � � ���o � �Q _�� _ ,�6�'6��— — – � N89 52'21"E 710.30 (meas.) 713.50 (p/at) � '� Note•• The�e ore no obviously vrsible wet/low lands on subject parcel. Therefore, wetlonds have not been verified by o certified wetland delineotor. �e�a i' Exi�j� , �, .LFE_9a��5�. � ,.�"v t \ ; , � 1 / `- !� \` ,� :� s72.7 x --Approx. Wel1 �� Propose`d--=�-:..� --� , Location 4x8jPool�� � ���. / ; Deck '���`� \ Equ�;pm_en t � � ��.� �i'�;� %� � __ ;--.�'iJ,sB.s � \ ��� Area���%��^ ; /'�' I � �.�1 � .✓�,--� ,\ �� . � � \ �7� \�-'- 68• i +� , l �. �.- ���';ti / L ,\ _L Aot'o � ° i 1L/��,',. �. ` �� � `` _ � LL- . i � �E� �--�-�--� -�r- -_� �� '��' � `, � `°�� ��'rop.osed i�� �i �' h 1 �r�''`� ^ ` c �o \P_oo! Dec -----�.\ �� �--`"�j-��-�_'.' ��`'^ � o �'�.;�, Pr p so e�.�`,� `/� 18x36 ' �%�-----,Proposed Jy`"�� ` Dec Edge � � 1 Poo/ � t � ;'Pool Deck LecZend � \ Elev=968.5) ' � � '-� E/e� � � .� % (Proposed � x 000.o Exisfing Elevotion � ^ 0 1 '� 968.7 � � �, �' Outer�Edge (000.0) Proposed Elevation �. ° .� ��\ rn � '�4'�._ I! � ' Elev=968.5) C� �,, - _ � --�-�a `� ' --�•�— D�ainage .�, � ``' � '�94 ___ _� .� v i I '� � � "� -Gas Utility Flvg � `� ��� "�"�-_�u � ��� ��� � Existing Well � %� �PProx.l-�;___ Zo r.� �, '�--J ' rr Proposed ��\�\ �' ' � �9�8.4�'' � --� � ;� Tree (deciduous) � \ (968.4 � � , ,,,, Septic Tank � " , , i � o / Locofio'ns \% � .� i ;� ��� � �� ;�� ,; o - ' r' � , \ � ; � '�� Arbor Vifoe Q '"" � \ ����I � '� � // �"--�� ;:�--_ Existin Confou� Q A� �,� '� � ;' �' �` -"� 9 ,, �� � , - -(967)- - Proposed Contour ��, '�� ; ! � /` v1 ,! ,\ '•� j ` � � �, ' J"/ \\ � .�, J,.% << I' � � � ��'� .�^ � a � '� , \ ; `` �� ; � '� � SCALE ; n • '�. � 1 -�'rj;\ �,� 11 \ � � , �. p 15 30 60 �� 1 � � � c:> :.: 'y �1 \ �^ � ti �� �.� � 1i `� i inch = 30 feet '�� � � 8earrngs & elevotions bosed on assumed datum. Job Number: 7469 SCHOBC�RG � hereby certify fhaf this cerfificafe of survey was prepared by me o� under my direcf supervision ond Book/Poge: 75/67 that l om o duly Registered Land Surveyor under fhe LA D SLRVlCE� �°ws of the e of Minne ta. Survey Date: 8-28-12 Dra win g Nam e: brady.d wg " I�C. -- - - --� Drawn by. KCB B. Schoborg Revisions: 763-972-3221 8997 Co. Rd. �3 SE Date: ���1.�Ol Z _ Registrotion No. 14700 www.SchoborgLand.com Delano, MN 55328 Topographic Survey R�cF�v Prepared for: RC7C�l C7el/2 Brady 'FD Leoend � � ��; =3� . .� � � F�,,�,�, � �� -� , -,,. „� .` �� � .F .«.. : �� � "� `°��� � � z� ,�� �� C��'p ��� • Found /ron Monument � �, °� �� � � � �.;��� � � , . � � � ;,��. � ����� ��� �� ��� N�2 J�� '� � �� � � ,. < � E5r 6, yt' �' ,. �° F�R�NC� SCALE y��� ,6 2 �m �` . . ������-� q,3�» , �e<< � � . , .� o so ioo 20o i �p� �,a/ 45,� A , �� �¢� �� � °tJ, � d�� � R�1��. �- ao, � pi�t� 1 inch = 100 feet �^� "�' `` 77 n .. e. ��, : .,,. : :�`1 ., � �j ;1'�3' � 3 , . �� . . S' �.1 ^' --__-,>-�� 5�00 PID: 31-118-23-23-0009 \0 ;'-A!�/�roxirnote " i � 5�' o i � �Q �� � � Shed .�, � °' i��„� �� �pldt� �� a Address: 420 Deborah D�ive �� '�� �\ �ocotion �'�: � ;; .�, \ Maple P/ain, MN � �� � � � �.� r`�� � �� .r� i� 55359 � �� � � '�" � ;`� � _ •� � � �` \f Boundo�y Descri�tion (per client� 1 : r• , ��" Hous Lot 6, Block 2, MCCULLEY FARM, 0� �'�� e , �.�,� ��r� 2 according to the recorded plat �' � �„�„y�� ����Appro��F � v..\ �,. thereof, Hennepin County, �� � � =`� � � ��'- ,� -��,t�,���g��". �".D�tvewoy `� 6'0 ��, :a Minnesota. Subject to any and �� � �� �� � ���� LoCcrtlon � �. •���� � s ��� � � ��`��`.. � ��`;� : �' �G � � all easements of �ecord. 1' 4��d� � . � 94 — ` � �/ .L—\ +e .: Note: � APProx.-- y� � 1 ° ���, p� � �'� 1 Not all measured distances ,+� Tennis ` F � .'` �"�-- "`*` � � , between existing ��� Court Proposed- � �� � 173 ---_ " .� �O monuments match plat p� Location � � 18x36 ��^�F� �:�� � � � � measurements. •0 � � Pool ��^ i " �� App�ox. ---� �� � � Fur-ther survey work �0 ���`� � ' Sepfic 3��;'" • may be needed � � � � ��O f �6 �� �"�'�' � , Mound �b,: �'��*�� to verify boundary ; � Locotion "°��`'� �,`' % �` line locations. � , � (95ftx41 ft) "�� ��� �` � � i , ��` i ,�, ' �;.. p�� . .� .� v o5� _ �. �� � � ���� ' ��i.l ' . •p� ��e �, ��� � ; �.�< �k� : g � .�, �rt,;,:f � �- �p� 05 � �Q �.,� ; ' - > » � ���� �6� ��— �� � ._`� � `� - �N89 52 21 E ;710.30�� (meas.)� �713.50 (plat) , -`; �'� ='. '`: �� '��° ,x� Note: 77�ere are no obviously visible wet�low /ands on sub�ect parceL Therefo�e, wetlonds have not been verified by a certified wetland delineato�. Detail ,�, , _._, ���. �� , -_ .�. �..�. �a,��fl � �3' � ° , � � � � ���' Existirt /" ' ,: � //%FE g68�7se� , � � j.� �,�°��� �. _ > „ �, . // , � � s'; �/ � / :` :.. �_--Approx. s�2 7 x �'� � ' Weli Proposed----- " ' �`�t7tion �' � 4x8 Poo! � � �� � � Deck � / /� � � � ,��� ��� � �� , x:968.6 �°� ^`� ��4x "�~� Equipmen t -_ •, Area \\� I � j� ; � h . . ... �� �� t " r p � � . . t r��� �+�"��^,>`r��� ��'�"n$ v ��� � ,� X�9 t� � ��,�a��� i�p�� ����� L�, � B�ick I��� � ,��� ��zfi� "��i ��9 � , i Ppt%D �''�' � �' �z�� �e �, , ,��� :� ,�' � , < � . ',5 � 3 . (-- ; Proposed ---- �I �,�'..� ��., � � � � � '� � Pool Deck ���� ql _. -�l';�-�_ ��qr r ����� � � �, a = ���>.��� (Proposed �� 7 ���� �,�� pr 6� 'f � � Pro osed`"�� � �' �% � Deck Edge 18x � = p Le end ° � � I Poo/ � � Pooi Deck` -�— � `� Elev=968.5) � x 000.o Existin Elevation � � �«,.�< � � i I � E/ev_ � � I (Frapased � � 4 '� �` � � 1 968. � � '� Duter 'Edqe (000.0) Proposed Elevation E "�'� � 7 �V �___----- v � --�41-..-- _--141 �\ �(e�=968.6) ".:�. , ------ s4 ____ �-- I i � (---- . v •.�: :. . f— Drainage � -----�, �`J i ---Gas Utility f/ag " O Existing We// � Approx. -���-_ -�20 � "' Proposed � �� ` �968:4�---� ' � Sep tic Tank, `� `:� � ` � �968.4) � � � Tree (deciduous) � � � r , C � ,,;.� � Locations � \ � � �' ���� , �. � � �� � \ � � ��.��.�m _ k.: � � o � � \ � * �� Arbor Vitae � � Q ��� � , ' � Q � � � � �� ��� �` � � � Ex�sting Contour �`� ,� �.� = � � � '� � '����'� � � ���� - -(g67)- - Proposed Con tour � � � < � � � � ` � �' �C__� �� , r , , ;. 1 �� � > : �� _ �'", � � . � . �,. ,, � � � ��� � � SCALE � .., � � � � �. � � � . , x w�j�� i�� , t a,�,' 0 15 30 60 . . .. �. 4;» M3��� . .. . r � , �.a,�.e { �x :% ..., . .. . , ': r � _ .. .�,YS � �` . . �,�.;, � �; 1 inch = 30 feet �� Bearinqs & elevations based on assumed datum. Job Number: 7469 SCHOBORG Book/Page: 75/67 LA D SERVICES Survey Dote: 8-28-12 Drawing Name: brady.dwg 'NC. Drawn by. KLB Revisions: 763-972-3221 8997 Co. Rd. 13 SE www.SchoborgLand.com De/ano, MN 55328 REQUEST FOR COUNCIL ACTION Date: December 6, 2012 Item No. 3 ( Department ApprovaL• Administrator A roval: Agenda Section: Name: Mike Gaffron City Administrator's Report Title: Asst. City Administrator Item Description: Request for Waiver of Consultant Fees - 420 Deborah Drive Property owner Rachaelle Brady of 420 Deborah Drive contacted staff earlier this year regarding the requirements for installing a swimming pool on her property. She was informed that the pool permit would trigger the requirement to replace her non-compliant septic system. In August, as she was finalizing plans for the septic system replacement, it was noted to her by staff that a wetland shown on official City maps would potentially affect her pool permit. She submitted a permit application for the pool in early September, paying a$30339 Plan Review Fee and establishing a $2500 escrow account as required by City Code. The survey submitted with the application noted there were no visible wetlands on the site. During the plan review process it was determined that a small wetland does in fact exist on the site, as part of a much larger wetland complex on the adjacent City property. This determination involved some preliminary work, a site visit and some followup by the City's consulting engineers. The total pass-through costs for engineering services was $1,030 which staff believes are legitimate costs for the work performed. Because the applicant is allowed a$500 credit towards engineering services,the total to be billed to applicant was reduced to $530. Shortly after the consulting engineer's site visit, applicant indicated she wished to stop the pool application process because she was not interested in establishing the required 50' buffer. However, in subsequent discussions initiated by the applicant, it was determined that a Functional Assessment of the wetland might reveal that its management class would be reduced from `Preserve' to `Manage 3' which would minimize the required buffer width. The cost of this assessment would be paid by the applicant. Applicant chose to not move forward with the Functional Assessment process and has indicated a variety of reasons why she feels the ordinance is unreasonable. Applicant is also disputing a portion of the bill for engineering services, some of which were performed after she `called off' the project, and some of which can be attributed to general information gathering regarding MCWD rules. Staff has since learned that there may be some level of Council support for reviewing the buffer requirements of the City's wetland ordinance in early 2013, in light of this application and other recent applications. COUNCIL ACTION REQUESTED In contemplation of reviewing the City's wetland ordinances in 2013, and in light of the circumstances noted above, staff is requesting Council consideration for waiving the $530 billing to the applicant and refunding the escrow amount of$2500. �(i- t���' Proposed motion: Moved by��'�;�seconded by�n� to waive the $530 engineering fees and refund the $2500 escrow for Rachaelle Brady at 420 Deborah Drive. A,°�r` � -° I 2/tQ /ZP��i � G ' � � � 1 BUILDING PERMIT ESCROW AGREEMENT Orono Bullding Permit# o'�N�-�d$7� AGREEMENT made this Jr day of 4U' , 20� by and between the CiTY OF ORONp, a Minnesota municipal corporation ("City") and ("Owners"). Recitals 1. _ A building permit appfication has been filed for ���1� �J located at � the ("Subject Property"), legally described as lp ' 2 (. I , Hennepin ounty Minnesota. 2. Owner requests the City to review thfs application. 3, The City will commence its review of the application and incur costs associated with said review only ff the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. QEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shal! deposit$2,500 with the City. All accrued interest, if any, shalE be paid to the Clty 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 (inciuding planning, engineering, in excess of$50d, or(egal consu}tant review)or will incur in reviewing tne plan. Eligible expenses shall be consistent wlth expenses the Owmers would be responsible for under a building permit application. The escrow wil! also guarantee reimbursement to the City for all out-of-pocket costs the City has incurred to assure that the work is compfeted 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 fhe work and ta repair any damage to public property or infrastri�cture that is caused by the work (including planning, engineering, or legal consultant review) associated with buifding permit #a?o�A-0087 �' if compliance with the approved building permit is not accomplished. 3. MONTHLY BILLING. As the City rece{ves consultant bil(s for lncurred costs, the City will in turn send a bill to the Owners, Owners shall be responsible for payment to the City within 3Q days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. En the event that the Owners do not make payment to the Clty withln the timeframe outlined in #3 above, shall issue a Stop Work Order until the Owners pay all expenses fnvoiced pursuant to #3. The City may draw from the escrow account wfthout further approval of the Owners to reimburse the City for efigible expenses the City has incurred. 5. C�OSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed and written notificaiion is received from the Owners requesting the funds. 6. CERTIFY UNPAlD CHARGES. lf the project is abandoned by Owners, or If the eligible expenses incurred by the City exceed the amount in escrow, the City shafl have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. CITY: �I OF RONO OW . ' ��, 1�0 � By: - y 1 �l.5, _��`�`..�J' �.� ,� 8 Last Updated: 1 612 8/2 0 1 0 - 10 - 1 Mike Gaffron From: Lili McMillan Sent: Tuesday, November 20, 2012 10:15 AM To: Mike Gaffron Cc: Jessica Loftus Subject: FW: 420 Deborah Drive Attachments: escrow agreement.pdf.pdf.pdf; Invoice.pdf.pdf Mike, It appears that Rachaelle Brady is having an issue with our engineer's charges. I tried to gather some general information for her which as you can see, she still disputes the charges. Can you do me a favor and take a look at this and let Rachaelle know what her options are. Thanks, Lili From: Lili McMillan Sent: Tuesday, November 20, 2012 9:50 AM To: Rachaelle [rachaelle48@hotmail.com] There is a council meeting on Monday the 26th. Mark Perry does not attend council meetings. Let me ask staff about how to conduct an appeal process. Lili McMillan Mayor, City of Orono Orono, Minnesota 612-840-8484 From: Rachaelle [rachaelle48@hotmail.com] Sent: Monday, November 19, 2012 9:27 PM To: Lili McMillan Subject: Re: 420 Deborah Drive Hi Lili, I reviewed the information, but I still don't see where they get 7 hours of work? Mark did not prepare a GIS, because my delineator asked me if I wanted it done and I said no. Most of what was done and talked about, was in the hour that Mark was at my place. Then he waited to hear what Direction Wayne was going to take. (that was at 5:30) . The days of billings following the 18th after I cancelled the project, should not be my responsibility. I know there is a council meeting Tuesday. Will Mark be there so we can clear this up? And should I attend? Thank you, Rachaelle Sent from my iPhone On Nov 19, 2012, at 5:14 PM, Lili McMillan <LMcmillan@ci.orono.mn.us> wrote: 1 > Rachealle, > Here is what I received when I asked Melanie to contact our engineer. > > Lili > I asked Bolton & Menk to review the invoice date of 9/17 for Rachaelle Brady as you and I discussed. The following is a summary and description of the activities/tasks provided from that date: > > 1. Reviewed application documents - email correspondence, survey figures > 2. Contacted by and discussed proposed project with delineator via phone and coordinated site meeting > 3. Prepared GIS Wetland Buffer Figure and MCWD Wetland Function Value Assessment Figure for site meeting > 4. Traveled to site and met with delineator and owner to discuss review, buffer requirements, MCWD wetland value determinations, delineation procedure > 5. Delineated wetland with owner's delineator and approved boundary in field > 6. Returned to office and assembled site meeting/delineation notes > 7. Contacted by and discussed application/delineation requirements with delineator via phone and coordinated additional information and exhibits necessary > 8. Prepared project review comments and exhibit for City depicting existing wetland vs MCWD data to aid in buffer review > 9. Contacted City to discuss findings, project issues via phone > > Please note also, another B & M staffer also spent time reviewing this > application with Mark and did not bill any time to the project. Let me > know if you have any additional questions. Thanks - Melanie > > Lili McMillan > Mayor, City of Orono > Orono, Minnesota > 612-840-8484 > > From: Rachaelle [rachaelle48@hotmail.com] > Sent: Monday, November 19, 2012 9:49 AM > To: Lili McMillan > Subject: Re: 420 Deborah Drive > > Hi Lili, > Have you heard anything about the charges on Mark Perry's bill? I'd like to clear this up. Christine said I wouldn't get my escrow back next week unless this was taken care of by noon today. > Thank you, > Rachaelle Brady > Sent from my iPhone > > On Nov 14, 2012, at 3:01 PM, Lili McMillan <LMcmillan@ci.orono.mn.us> wrote: > » Hi Rachaelle, » I received your email. » I am having staff research some of the charges. » Will get back to you when I hear a response. » Lili » » Lili McMillan » Mayor, City of Orono » Orono, Minnesota » 612-840-8484 2 , » » From: Rachaelle [rachaelle48@hotmail.com] » Sent: Wednesday, November 14, 2012 10:02 AM » To: Lili McMillan » Subject: Fwd: 420 Deborah Drive » » Dear Lili, » I received this bill and I would like to talk to you about it before I pay it. This seems really outrages. » I was assured there would be no charge for your wetland specialist by Christine if I had him come out to meet my delineator. » Thank you, » Rachaelle Brady » » Sent from my iPhone » » Begin forwarded message: » » From: Christine Mattson » <CMattson@ci.orono.mn.us<mailto:CMattson@ci.orono.mn.us» » Date: November 14, 2012 8:20:10 AM CST » To: 'Rachaelle' » <rachaelle48@hotmail.com<mailto:rachaelle48@hotmail.com» » Cc: Melanie Curtis » <MCurtis@ci.orono.mn.us<mailto:MCurtis@ci.orono.mn.us», Mike Gaffron » <MGaffron@ci.orono.mn.us<mailto:MGaffron@ci.orono.mn.us» » Subject: 420 Deborah Drive » » » Rachaelle, » » » » When you made your escrow refund request we informed you the process can take up to 6 weeks because we must verify there are no pass-through charges from our consulting engineer or attorney. According to the escrow agreement signed, copy attached, the property owner is responsible for legal and engineering costs which exceed $500. » » » » We have received the October invoices from Bolton & Menk. As a result of the site visit and report in conjunction with the wetland buffer work performed on the property, there are pass-through charges. Attached is a copy of the invoice. » » » » As we have mentioned in the past, with each building permit application submitted, built into the permit fee is a $500 credit for engineering and legal pass-through charges. Before we can refund your escrow, we must receive $530 for the attached charges ($1030.00 invoice - $500.00 credit = $530.00) . As mentioned during our phone conversation, if you contact Bolton & Menk directly to discuss the invoice, time spent, work performed, etc. there may be additional charges for consultant time spent addressing your questions. » » » » If we receive your check of $530 by Noon on Monday, November 19, 2012, your escrow refund request can be submitted to the finance department for preparation and submittal at the 3 November 26th council meeting. If your check is not received by Noon on November 19th the last opportunity for a refund in 2012 would be at the December 10th council meeting, which would mean we would need to receive your check by Noon on Monday, December 3, 2012. » » » » Please don't hesitate to contact me if you have additional 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 » • cmattson@ci.orono.mn.us<mailto:cmattson@ci.orono.mn.us> � ; » www.ci.orono.mn.us<http://www.ci.orono.mn.us/> » » Office Hours: Monday - Friday 8 am to 4:30 pm » » OUR OFFICE WILL BE CLOSED: Thursday & Friday, November 22 and 23, 2012 » » » » » » » » » » 4 Mike Gaffron From: Lili McMillan Sent: Tuesday, November 20, 2012 10:15 AM To: Mike Gaffron Cc: Jessica Loftus Subject: FW: 420 Deborah Drive Attachments: escrow agreement.pdf.pdf.pdf; Invoice.pdf.pdf Mike, It appears that Rachaelle Brady is having an issue with our engineer's charges. I tried to gather some general information for her which as you can see, she still disputes the charges. Can you do me a favor and take a look at this and let Rachaelle know what her options are. Thanks, Lili From: Lili McMillan Sent: Tuesday, November 20, 2012 9:50 AM To: Rachaelle [rachaelle48@hotmail.com] There is a council meeting on Monday the 26th. Mark Perry does not attend council meetings. Let me ask staff about how to conduct an appeal process. Lili McMillan Mayor, City of Orono Orono, Minnesota 612-840-8484 From: Rachaelle [rachaelle48@hotmail.com] Sent: Monday, November 19, 2012 9:27 PM To: Lili McMillan Subject: Re: 420 Deborah Drive Hi Lili, I reviewed the information, but I still don't see where they get 7 hours of work? Mark did not prepare a GIS, because my delineator asked me if I wanted it done and I said no. Most of what was done and talked about, was in the hour that Mark was at my place. Then he waited to hear what Direction Wayne was going to take. (that was at 5:30) . The days of billings following the 18th after I cancelled the project, should not be my responsibility. I know there is a council meeting Tuesday. Will Mark be there so we can clear this up? And should I attend? Thank you, Rachaelle Sent from my iPhone On Nov 19, 2012, at 5:14 PM, Lili McMillan <LMcmillan@ci.orono.mn.us> wrote: 1 ` > Rachealle, > Here is what I received when I asked Melanie to contact our engineer. > > Lili > I asked Bolton & Menk to review the invoice date of 9/17 for Rachaelle Brady as you and I discussed. The following is a summary and description of the activities/tasks provided from that date: > > 1. Reviewed application documents - email correspondence, survey figures > 2. Contacted by and discussed proposed project with delineator via phone and coordinated site meeting > 3. Prepared GIS Wetland Buffer Figure and MCWD Wetland Function Value Assessment Figure for site meeting > 4. Traveled to site and met with delineator and owner to discuss review, buffer requirements, MCWD wetland value determinations, delineation procedure > 5. Delineated wetland with owner's delineator and approved boundary in field > 6. Returned to office and assembled site meeting/delineation notes > 7. Contacted by and discussed application/delineation requirements with delineator via phone and coordinated additional information and exhibits necessary > 8. Prepared project review comments and exhibit for City depicting existing wetland vs MCWD data to aid in buffer review > 9. Contacted City to discuss findings, project issues via phone > > Please note also, another B & M staffer also spent time reviewing this > application with Mark and did not bill any time to the project. Let me > know if you have any additional questions. Thanks - Melanie > > Lili McMillan > Mayor, City of Orono > Orono, Minnesota > 612-840-8484 > > From: Rachaelle [rachaelle48@hotmail.com] > Sent: Monday, November 19, 2012 9:49 AM > To: Lili McMillan > Subject: Re: 420 Deborah Drive > > Hi Lili, > Have you heard anything about the charges on Mark Perry's bill? I'd like to clear this up. Christine said I wouldn't get my escrow back next week unless this was taken care of by noon today. > Thank you, > Rachaelle Brady > Sent from my iPhone > > On Nov 14, 2012, at 3:01 PM, Lili McMillan <LMcmillan@ci.orono.mn.us> wrote: > » Hi Rachaelle, » I received your email. » I am having staff research some of the charges. » Will get back to you when I hear a response. » Lili » » Lili McMillan » Mayor, City of Orono » Orono, Minnesota » 612-840-8484 2 ' » » From: Rachaelle [rachaelle48@hotmail.com] » Sent: Wednesday, November 14, 2012 10:02 AM » To: Lili McMillan » Subject: Fwd: 420 Deborah Drive » » Dear Lili, » I received this bill and I would like to talk to you about it before I pay it. This seems really outrages. » I was assured there would be no charge for your wetland specialist by Christine if I had him come out to meet my delineator. » Thank you, » Rachaelle Brady » » Sent from my iPhone » » Begin forwarded message: » » From: Christine Mattson » <CMattson@ci.orono.mn.us<mailto:CMattson@ci.orono.mn.us» » Date: November 14, 2012 8:20:10 AM CST » To: 'Rachaelle' » <rachaelle48@hotmail.com<mailto:rachaelle48@hotmail.com» » Cc: Melanie Curtis » <MCurtis@ci.orono.mn.us<mailto:MCurtis@ci.orono.mn.us», Mike Gaffron » <MGaffron@ci.orono.mn.us<mailto:MGaffron@ci.orono.mn.us» » Subject: 420 Deborah Drive » » » Rachaelle, » » » » When you made your escrow refund request we informed you the process can take up to 6 weeks because we must verify there are no pass-through charges from our consulting engineer or attorney. According to the escrow agreement signed, copy attached, the property owner is responsible for legal and engineering costs which exceed $500. » » » » We have received the October invoices from Bolton & Menk. As a result of the site visit and report in conjunction with the wetland buffer work performed on the property, there are pass-through charges. Attached is a copy of the invoice. » » » » As we have mentioned in the past, with each building permit application submitted, built into the permit fee is a $500 credit for engineering and legal pass-through charges. Before we can refund your escrow, we must receive $530 for the attached charges ($1030.00 invoice - $500.00 credit = $530.00) . As mentioned during our phone conversation, if you contact Bolton & Menk directly to discuss the invoice, time spent, work performed, etc. there may be additional charges for consultant time spent addressing your questions. » » » » If we receive your check of $530 by Noon on Monday, November 19, 2012, your escrow refund request can be submitted to the finance department for preparation and submittal at the 3 ' November 26th council meeting. If your check is not received by Noon on November 19th the last opportunity for a refund in 2012 would be at the December 10th council meeting, which would mean we would need to receive your check by Noon on Monday, December 3, 2012. » » » » Please don't hesitate to contact me if you have additional 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 » • cmattson@ci.orono.mn.us<mailto:cmattson@ci.orono.mn.us> � ; » www.ci.orono.mn.us<http://www.ci.orono.mn.us/> » » Office Hours: Monday - Friday 8 am to 4:30 pm » » OUR OFFICE WILL BE CLOSED: Thursday & Friday, November 22 and 23, 2012 » » » » » » » » » » 4 Municode Page 1 of 1 Sec. 2-1. - Rules of procedure for appeals and other hearings. The council may adopt by resolution certain written rules of procedure to be followed in all administrative appeals and other hearings to be held before the council or other bodies authorized to hold hearings and determine questions presented. Such rules of procedure shall be effective 30 days after adoption and shall be for the purpose of establishing and maintaining order and decorum in the proceedings. (Code 1984, §2.08) http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2£.. 11/19/2012 Municode Page 1 of 3 Orono, Minnesota, Code of Ordinances » Title VI - LAND USE » Chaater 78 -ZONING REGULATIONS » ARTICLE II. -ADMINISTRATION AND ENFORCEMENT» DIVISION 3. -APPEALS AND VARIANCES » Subdivision I. - In General » Subdivision 1. - In General Sec. 78-96.-Board established. Sec. 78-97.-Hearinqs. Sec. 78-98.-Notice of hearina. Sec. 78-99.-Appeals procedures. Sec. 78-100.-Subdivisions. Sec. 78-101.-Official map. Secs. 78-102-78-120.-Reserved. Sec. 78-96. - Board established. (a) A zoning board of appeals and adjustments is established. The planning commission is constituted as the board of appeals and adjustments. The decisions of the board are advisory to the council. The board shall have the following powers: ��) To hear and decide appeals from any affected person where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter. �2) To hear requests for variances in accordance with this chapter. (3) To exercise other functions as provided in this chapter. (b) Subject to such limitations as may be imposed by the council, the board may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it, including the final order. (Code 1984, §§2.54(1), (2), 10.06(3), 10.08(2)(C)) Sec. 78-97. - Hearings. Hearings by the board of appeals and adjustments shall be held within such time and upon such notice to interested parties, as follows: (1) The board shall within a reasonable time make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. (2) Any party may appear at the hearing in person o� by agent or attorney. (3) Subject to such limitation as may be imposed by the council, the board may adopt rules for the conduct of proceedings before it; and such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. �4) The board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it, including the final order. http://library.municode.com/print.aspx?h=&clientID=13 094&HTMRequest=http%3 a%2£.. 11/19/2012 Municode Page 2 of 3 (Code 1984, § 10.06(3)(F)) Sec. 78-98. - Notice of hearing. (a) A notice of the time, place and purpose of the hearing on an appeal or variance shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet (150 feet in the case of a variance hearing) of the property. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person, and shall be made a part of the records of the proceedings. The failure to give published or mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings. �b) In addition, a notice shall be published in the official newspaper once at least ten days before the day of the hearing. If the board authorizes the issuance of a permit, the council shall have six months from the date of the decision of the board to institute proceedings to acquire such land or interest in the land; and if no such proceedings are started within that time, the officer responsible for issuing building permits shall issue the permit if the application otherwise conforms to this chapter. The board shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit is granted. (Code 1984, §§2.54(3), 10.06(3)(C), 10.08(2)(8)) State law referenc�—Notice of hearings to be as provided by ordinance, Minn. Stat. §462.354, subd. 2. Sec. 78-99. - Appeals procedures. The applicant or other person or officers of the city affected may appeal by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. The notice shall be accompanied by a fee in the amount prescribed by the current city fee schedule payable to the city, which fee shall not be refundable. (Code 1984, § 10.06(3)(D)) Sec. 78-100. - Subdivisions. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the subdivision regulations. The board has the following powers with respect to the subdivision regulations: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of chaqter 82 �2) To hear requests for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon the specific grounds set forth in the subdivision regulations. Unusual hardship includes but is not limited to inadequate access to direct sunlight for solar energy systems. (Code 1984, § 10.06(3)(8)(2)) Sec. 78-101. - OfFicial map. http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2£.. 11/19/2012 Municode Page 3 of 3 After an official map is adopted, designating locations for future land that is needed for future street purposes and as sites for other necessary public uses, if a permit for a building in such location is denied, the board of appeals and adjustments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit for building in such location in any case in which the board finds, upon the evidence and the arguments presented to it, that: (1) The entire property of the appellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted; and �2) Balancing the interest of the city in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations ofjustice and equity. (Code 1984, § 10.06(3)(8)(3)) State law referenc�Effect of official map, Minn. Stat. §462.359, subd. 3. Secs. 78-102-78-120. - Reserved. http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2£.. 11/19/2012 Melanie Curtis From: Christine Mattson Sent: Wednesday, September 19, 2012 11:16 AM To: 'Rachaelle' Cc: Melanie Curtis Subject: RE: 420 Deborah Drive/#2012-00878 Rachaelle, This email is to acknowledge I have received your escrow refund request. 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 d 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, November 12, 2012 From: Rachaelle [mailto:rachaelle48@hotmail.com] Sent: Tuesday, September 18, 2012 2:50 PM To: Christine Mattson Subject: Re: 420 Deborah Drive/ #2012-00878 I have stopped the whole pool process. I would like my escrow money back, please. Regards, Rachaelle Brady. Sent from my iPhone 1 R � Melanie Curtis From: Rachaelle [rachaelle48@hotmail.com] Sent: Wednesday, September 19, 2012 11:23 AM To: Melanie Curtis Subject: Re: Buffer-420 Debroah Drive/ Pool Permit#2012-00878 What Wayne was referring to is; he quoted me $200 for coming out to assess the area. If he would have to do a complete delineation it would be $900. He ended up charging me for 41/2 hours of work and an hour of drive time. Totaling$324.50. I asked what happened to the $200 fee because he hadn't done the computer work yet. He said if I wasn't going ahead with the project then he wanted to get paid for the time he came out. I said that was misleading since we stood around and talked a good portion of that time and I didn't know he was charging me. I felt taken advantage of. His email showed an over the top reaction. Sent from my iPhone On Sep 19, 2012, at 9:55 AM, Melanie Curtis<MCurtis@ci.orono.mn.us>wrote: Rachaelle Unfortunately, my viewing of your property in person will not change what our wetland specialist has reported or the requirements of our code. Attached is the map I referred to yesterday. Melanie Curtis � 952.249.4627 �v' mcurtis@ci.orono.mn.us From: Rachaelle [mailto:rachaelle48C�hotmail.com] Sent: Tuesday, September 18, 2012 9:41 PM To: Melanie Curtis Subject: Re: Buffer - 420 Debroah Drive/ Pool Permit #2012-00878 I would like you to come over to my place tomorrow and see the area for yourself. Otherwise, I give up. I've done everything in good faith to comply to get a pool built this year and I've been defeated and denied. Sent from my iPhone On Sep 18, 2012, at 4:40 PM, Melanie Curtis<MCurtis@ci.orono.mn.us>wrote: Rachaelle— I understand you have had some conversations with Christine. She explained tom me that you want to leave the wetland classified as a Preserve wetland and maintain a 50' buffer. If the existing vegetation meets our requirement for buffer vegetation (ie. native grasses) you can meet this requirement by discontinuing the mowing of this area. Please note however, if the vegetation doesn't meet our requirements a planting or improvement plan (and escrow) will be required. It is my understanding from our field inspector's report much of this area is primarily turf grass and would have to be converted to native grasses etc to be considered acceptable. The existing rock wall is allowed to remain as located. I will be forwarding you a ��sketch" reflecting the wetland edge and area to be buffered. The sketch is based on the field inspection conducted last week. You will be able to use this as a reference for your buffer improvement plan. Note, the wetland edge and the 50-foot buffer must be shown on the final as-built survey by the surveyor along with all of the other requirements. � . � If you have questions it would be best to contact me directly. 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: mcurtisCcD.ci.orono.mn.us Website: www.ci.orono.mn.us City of Orono Office Hours Monday - Friday 8:00 am - 4:30 pm <Wetland_BufferFig_091912.pdf� z ' . : • � � • emo To: Finance Department From: Christine Mattson, Planning Assistant CC: Street File � Date: 12/3/2012 G/L: 101-22205 Re: Building Permit Escrow Refund Building Permit#2012-00878 pertaining to 420 Deborah Drive was withdrawn. Mike Gaffron, Assistant City Administrator, requests we refund Rachaelle Brady's $2,500 escrow. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Rachaelle Brady 420 Deborah Drive Maple Plain, MN 55359 w:\street files\deborah drive�420\escrow refund of withdrawn permit 2012-00878.doc Christine Mattson From: Rachaelie [rachaelle48@hotmail.com] Sent: Wednesday, November 14, 2012 12:16 PM To: Christine Mattson Subject: Re: 420 Deborah Drive Dear Christine, On 9-17 Mark came out to my property at 11:30 and left in less than an hour. Wayne was here until 4:00. He sent an email to Mark at 5:30 asking what was needed for Mark. How is it that Mark billed for 7 hours on that day?The next day I asked for my escrow back. Thank you, Rachaeile Brady Sent from my iPhone On Nov 14, 2012, at 8:20 AM, Christine Mattson <CMattson@ci.orono.mn.us>wrote: Rachaelle, When you made your escrow refund request we informed you the process can take up to 6 weeks because we must verify there are no pass-through charges from our consulting engineer or attorney. According to the escrow agreement signed, copy attached, the property owner is responsible for legal and engineering costs which exceed $500. We have received the October invoices from Bolton & Menk. As a result of the site visit and report in conjunction with the wetland buffer work performed on the property, there are pass- through charges. Attached is a copy of the invoice. As we have mentioned in the past, with each building permit application submitted, built into the permit fee is a $500 credit for engineering and legal pass-through charges. Before we can refund your escrow, we must receive $530 for the attached charges ($1030.00 invoice - $500.00 credit = $530.00). As mentioned during our phone conversation, if you contact Bolton & Menk directly to discuss the invoice, time spent, work performed, etc. there may be additional charges for consultant time spent addressing your questions. If we receive your check of$530 by Noon on Monday, November 19, 2012, your escrow refund request can be submitted to the finance department for preparation and submittal at the November 26th council meeting. If your check is not received by Noon on November 19th the last opportunity for a refund in 2012 would be at the December 10th council meeting, which would mean we would need to receive your check by Noon on Monday, December 3, 2012. Please don't hesitate to contact me if you have additional 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 1 `� 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 OUR OFFICE WILL BE CLOSED: Thursday& Friday, November 22 and 23,2012 <Invoice.pd£pdfl <escrow agreement.pdf.pd£pdf� z Christine Mattson From: Christine Mattson Sent: Wednesday, November 14, 2012 8:20 AM To: 'Rachaelle' Cc: Melanie Curtis; Mike Gaffron Subject: 420 Deborah Drive Attachments: Invoice.pdf.pdf; escrow agreement.pdf.pdf.pdf Rachaelle, When you made your escrow refund request we informed you the process can take up to 6 weeks because we must verify there are no pass-through charges from our consulting engineer or attorney. According to the escrow agreement signed, copy attached, the property owner is responsible for legal and engineering costs which exceed $500. We have received the October invoices from Bolton & Menk. As a result of the site visit and report in conjunction with the wetland buffer work performed on the property, there are pass-through charges. Attached is a copy of the invoice. As we have mentioned in the past, with each building permit application submitted, built into the permit fee is a $500 credit for engineering and legal pass-through charges. Before we can refund your escrow, we must receive $530 for the attached charges ($1030.00 invoice - $500.00 credit = $530.00). As mentioned during our phone conversation, if you contact Bolton & Menk directly to discuss the invoice, time spent, work performed, etc. there may be additional charges for consultant time spent addressing your questions. If we receive your check of$530 by Noon on Monday, November 19, 2012, your escrow refund request can be submitted to the finance department for preparation and submittal at the November 26th council meeting. If your check is not received by Noon on November 19t"the last opportunity for a refund in 2012 would be at the December 10th council meeting, which would mean we would need to receive your check by Noon on Monday, December 3, 2012. Please don't hesitate to contact me if you have additional 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 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 OUR OFFICE WILL BE CLOSED: Thursday& Friday, November 22 and 23, 2012 1 INVOICE � BOLTON 8�- M�N K , I NC= Please Remit To: • Consulting Engineers &Surveyors Bolton&Menk,���. �� 1960 Premier Drive�Mankato,MN 56001-5900 � DESIGNING FOR A BETTER TOMORROW 507-625-4171 � 507-625-4177(fax) www.bolton-menk.com � * Z PJ 1 2 * * �D 1 5 1 8 1 6 * * C 1 3 • 1 PJ 5 5 6 4 * City of Orono October 31, 2012 P.O. Box 66 Project No: C13.105564 Orono, MN 55323 Invoice No: 0151816 Orono/420 Deborah Drive Permit#2012-00878 Professional Services Hours Rate Amount Principal Engineer Martini, David 10/12/2012 .50 135.00 67.50 10/3/12, Review Wefland Buffer Information Technician Perry, Mark 9/28/2012 7.00 85.00 595.00 09/17/12 Correspondence Regarding Permit;Phone Conversafion with Delineator, Prep for Field Vrsit;Site Visit Perry, Mark 9/28/2012 1.00 85.00 85.00 09/19/12 Buffer Figure for Resident Perry, Mark 9/28/2012 .50 85.00 42.50 09/25/12 Correspondence Regarding Resident Quesfion Perry, Mark 9/28/2012 .50 85.00 42.50 09/26/12 Correspondence with City and Watershed Regarding Buffer Perry, Mark 9/28/2012 1.00 85.00 85.00 9/18/12 Perry, Mark 10/12/2012 .50 85.00 42.50 10/03/12 Correspondence N �" "^^ardinq Wetland Assessment Quesfions � ! 42.50 Perry, Mark � - 7-�� 10/OS/12 420 Deborah Dr Mail and Respond to City ��Jn�� ^,� Clericai ��U �4 �?��N��/ Perry, Deborah � 27.50 9/17/12 Open File t�' "� Il/�`�� ��/�/� , Totals � (����4• `'' �,030.00 Total Labor 1,030.00 � �� �� �Q� � " "a^� � oice $1,030.00 �� � �� � ��� � �� �w? Notice:A finance charge of 1.5°b per month(annual percentage of 1A%I is charged on balances 30 days or over. Christine Mattson From: David P. Martini Sent: Monday, November 05, 2012 10:27 AM To: Christine Mattson Subject: RE: Unbilled WIP I don't think you have received an invoice for Deborah Drive yet. Should be coming soon. David P. Martini, P.E. Bolton 8� Menk, Inc. P: (952) 448-8838 ext. 2458 M: (612) 756-4315 email: davidma(c�bolton-menk.com From: Christine Mattson [mailto:CMattsonCa�ci.orono.mn.us] Sent: Monday, November 05, 2012 10:27 AM To: David Martini Subject: RE: Unbilled WIP I didn't think so, but I wanted to check for sure. The time for Deborah Drive...is that unbilled WIP or have we received the invoice(s) for $1,030? Thank you. From: David P. Martini Sent: Monday, November 05, 2012 10:22 AM To: Christine Mattson Subject: RE: Unbilled WIP Christine, I was unable to find time associated with 3585 Frederick Street, 2400 Fox Street,or 3508 Ivy Place. Did we give you review letters for those projects? The time associated with 420 Deborah Drive totals$1,030. Let me know if you have questions. Thanks. David P. Martini, P.E. Bolton 8� Menk, Inc. P: (952) 448-8838 ext. 2458 M: (612) 756-4315 email: davidma(a�bolton-menk.com From: Christine Mattson [mailto:CMattsonCa�ci.orono.mn.us] Sent: Friday, November 02, 2012 10:37 AM To: 'Sherry Charboneau'; David Martini Subject: Unbilled WIP 1 Hi Sherry & Dave: Any unbilled WIP for: Variance application #12-3576 3585 Frederick Street John & Sherry Gorman Building Permit#2009-00803 2400 Fox Street Julie Lindbloom Building Permit#2012-00127 3508 Ivy Place Pillar Homes / Richter Pool Permit#2012-00878 420 Deborah Drive Rachaelle Brady Thank you. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono , MN 55356(physical addressJ PO Box 66 Crystal Bay MN 55323-0066 (mailing address) � 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 OUR OFFICE WILL BE CLOSED: Monday, November 12, 2012 z Checklist for Refunding Building Permit Escrows Building Permit # 2.�(Z -��� Street Address: q'� U1.�YGt� 1�►' . Applicant Name: � Escrow request received Date: ' � 0 ' Z Permit Type: �� ���1� � YVI 1 Are all inspections completed? Yes No If not, list what is outstanding: N�UVas there a Temporary Cer�ificate of Occupancy issued? Yes No Qate: N�Was there a Final Certificate of Occupancy issued? Yes No Date: �I.�" As-built survey required? Yes, approved on NO NA ❑ Email CK &-€�+�ee-to see if there is any unbilied WIP. Date email sent: ���' 1 ❑ Prepare memo for Finance Department z:\forms�zoning standard forms\checklist for refunding building permit escrows.doc Last Updated: 10-31-2011 Christine Mattson From: Rachaelle [rachaelle48@hotmail.com] Sent: Tuesday, September 18, 2012 2:50 PM To: Christine Mattson Subject: Re: 420 Deborah Drive/#2012-00878 I have stopped the whole pool process. I would like my escrow money back, please. Regards, Rachaelle Brady. Sent from my iPhone On Sep 18, 2012, at 10:01 AM, Christine Mattson <CMattson@ci.orono.mn.us>wrote: Rachaelle, I am very sorry for the confusion pertaining to the wetland on your property. I misunderstood my conversation with Mark Perry yesterday. After speaking with him again this morning and discussing your situation with Melanie Curtis, the following is a summary of what must happen before we can issue your pool permit. According to the official �""� ' - � on your property. The official map indicates it's i �' �I_ opinion that it is not a preserve wetland a Minr D� �� JI) must be completed along with a delineation V� � �shed District (MCWD) will then review and make a _r� and is appropriate. If the MCWD agrees with the P �� � �_ � �,� y-� result in a reduced buffer width (16.5' or 25' buffer r �rve wetland. You may choose to IeavE 'A� ��v�,�J�,J on still must be performed to show the wetland edg� � `��— ssification. After the MCWD approves the we� d the 50' buffer must be staked on the property ai ients are necessary in the 50' buffer area, a vegeta'� �ed on the wetland buffer improvement plan our wE �iated with the work required to conform to cc �equire and hold an escrow amount (to be determine� ( 1• �(^ . ,n ufferwork is established, usually one growing sea: �,� �r V���� refunded to you. In this instance, the pool permit can be issued once the MCWD approves the wetland delineation, a wetland buffer improvement plan has been submitted and approved and buffer escrow submitted. The actual buffer improvement can take place next spring. Please don't hesitate to contact me so we can discuss. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical addressJ PO Box 66 Crystal Bay MN ' S5323-0066 (mailing addressJ `�' 952.249.4620 � 952.249.4616 C� cmattson@ci.orono.mn.us � www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm 1 BUILDING PERMIT ESCROW AGREEMENT Orono Building Permit # o�! � -l'D 257�f AGREEMENT made this .� day of �L.I' , 20� by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and "� d ("Owners"). Recitals 1. A building permit application has been filed for ����lP ���� located at ' �� v `'= the ("Subject Property"), legally described as _Li?i'lP, (3119(,tL Z ,�i/lC(_G( �J 1�-�4►'6'►;�Hennepin ounty Minnesota. 2. Owner requests 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 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 shall deposit$2,500 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, in excess of$500, 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 building 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 building permit #o?o��-DD$7 �f if compliance with the approved building permit is not accomplished. 3. MONTHLY BILLING. As the City receives consu►tant bilts 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, shall issue a Stop Work Order until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners 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 Owners when the review has been completed and written notification is received from the Owners requesting the funds. 6. CERTIFY UNPAID 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 property pursuant to Minn. Stat. §§ 415.01 and 366.012. CITY: .CI OF RONO OWN��: ��1 � � � � � By: �, � ��a�� �� �ts: I � nternal Use Onl �`"� _`""�`�.�`O�Ori.ginal to�Finance�Dep,arEment.���0�opyto_Street F-ile _...__..�,._,_.�.._........Y..:�,.A._��.:,s.�.,�.,�.�,.__ Last Updated: 10/26/2010 - 10 - , . �:'.�:1 ' `?��tir;Yi� . �^�c:, � .� i'.l.u,� �2�p{i;:.z� [1 F:.,l.yt;,' � j����,i^,:' Yd� +yl?J.. � :a� .��1;.�...�f''�,t':� r . {r� L:t?i: i?, . '�.!Jt xc.�,.; �-.,�, c i..,.,.v,� . . _.. J�.. - Jt .�i� f:;i�llc5l'1.;� s.;}�,:.EZ,V t""E� ',-o;i:� '���1�?t{`.;,; " _ .1;i) ��>'ii'iF,::'> . . k��} . ���'tf.��• k�]!� ����U�!Y'�i: ;�u.`i," . � � �.3 s l7j-y�'"✓(1�' �.. tiC_. i� � �i:G,l) �K'�-_iil� -F+.R�rtt:�� �t� �:z: . . ..._.._._..._.,_......___" �;i,r;;'� . . _ ... „j�,t��.t'rr; ._........ __..,_........� `r,�F. _.._..__ ___,._..,..._. `,�,,, . ,:..�-- _ t. ��it C;:.: l:+�+. i:s.�A�'t:."�' ri�t;.�.: � ' �. i) `.i.�-,^.!s:. t7S-Ciia 3, �d i:S:c irl t �•.i� ,��.} .. f r.;. � �� � a.l•.i�$.,�.." _.__........_._....._._':,_._. �.'S4��S'«:Fi [r�Y.,,1`..^i.;.:' . ! :s. i -;'` . , +a:,fv.:�rz~;it�' i:.�+;i'.�k?�'�t _.,__.__.....__._ � � CITY OF ORONO * z 0 1 z - 0 0 g 7 9 * 27�0 KELLEY PARKWAY DATE ISSUED: 09/OS/2012 ORONO, MN �5356- (952) 249-4600 FAX: (9�2) 249-4616 ADDRESS : 420 DEBORAH DR PIN : 31-118-23-23-0009 LEGAL DESC : MCCULLEY FARM : LOT 006 BLOCK 002 PERMIT TYPE : ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-TIED TO BUILDING PERMIT NOTE: THIS$2500 ESCROW IS TIED TO BUILDING PERMIT 2012-00878 FOR IN-GROUND SWIMMING POOL. APPLICANT ESCROW FEE-BUILDING 2,500.00 BRADY,ROBERT& RACHAELLE TOTAL 2,500.00 420 DEBORAH DR MAPLE PLAIN, MN 55359- OWNER BRADY,ROBERT& RACHAELLE 420 DEBORAH DR MAPLE PLAIN, MN 55359- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and speciYications,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[he date of issuance,or if construction is suspended for a period of 180 days at any time after 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. / / / / Appiicant Permitee Signature Date lssued 13y Signature Date SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. Christine Mattson From: Sherry Charboneau [SCharboneau@ck-law.com] Sent: Friday, November 02, 2012 1:29 PM To: Christine Mattson Subject: RE: Unbilled WIP Christine: No unbilled WIP for Campbell Knutson on any of the matters listed below. Have a good weekend. Sherry Sherry L. Charboneau Legal Assistant CAMPBELL KNUTSON P.A. 1380 Corporate Center Curve•Suite 317• Eagan,MN 55121 �' (651)Z34-6230• Fax: (651)452-5550 �I scharboneauC�ck-law.com•www.ck-law.com From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Friday, November 02, 2012 10:37 AM To: Sherry Charboneau; David P. Martini Subject: Unbilled WIP Hi Sherry & Dave: Any unbilled WIP for: Variance application #12-3576 3585 Frederick Street John & Sherry Gorman Building Permit#2009-00803 2400 Fox Street Julie Lindbloom Building Permit#2012-00127 3508 Ivy Place Pillar Homes / Richter Pool Permit#2012-00878 420 Deborah Drive Rachaelle Brady Thank you. 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 � 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, November 12, 2012 1 Christine Mattson From: David P. Martini Sent: Monday, November 05, 2012 10:22 AM To: Christine Mattson Subject: RE: Unbilled WIP Christine, I was unable to find time associated with 3585 Frederick Street, 2400 Fox Street,or 3508 Ivy Place. Did we give you review letters for those projects? The time associated with 420 Deborah Drive totals$1,030. Let me know if you have questions. Thanks. David P. Martini, P.E. Bolton 8� Menk, Inc. P: (952) 448-8838 ext. 2458 M: (612) 756-4315 email: davidmaCa�bolton-menk.com From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Friday, November 02, 201Z 10:37 AM To: 'Sherry Charboneau'; David Martini Subject: Unbilled WIP Hi Sherry & Dave: Any unbilled WIP for: Variance application #12-3576 3585 Frederick Street John 8� Sherry Gorman Building Permit#2009-00803 2400 Fox Street Julie Lindbloom Building Permit#2012-00127 3508 Ivy Place Pillar Homes/ Richter Pool Permit#2012-00878 420 Deborah Drive Rachaelle Brady Thank you. 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 '= 952.249.4616 �u'� 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, November 12, 2012 1 . � � � � • emo To: Finance Department From: Christine Mattson, Planning Assistant CC: Zoning File Date: 12/3/2012 G/L: 101-22205 Re: Land Use Appiication Escrow Refund Land Use Application#12-3565 pertaining to 2789 Pheasant Road is complete. The Applicant, Joseph & Gail Teynor incurred $90 in legal pass-through charges, which the applicant paid. Melanie Curtis, Planning & Zoning Coordinator, has requested we refund the $90 payment received. The following is attached: • Email from Melanie Curtis • Email from Campbell Knutson indicating no unbilled WIP on this project Mail to: Gail Teynor 13225 Cardinal Creek Road Eden Prairie, MN 55346 z:�zoning applications�2012 zoning applications-#3537 thru\12-3565(2789 pheasant rd)var�escrow refund memo 12-3565.doc Christine Mattson From: Melanie Curtis Sent: Wednesday, November 28, 2012 9:00 AM To: 'Gustafson, Sven' Cc: Christine Mattson Subject: RE: Attorney bill Teynor Yes, I will request the refund. Melanie Curtis � 952.249.4627 � mcurtisC�ci.orono.mn.us From: Gustafson, Sven [mailto:Sven stonewood.com] Sent: Wednesday, November 28, 2012 8:54 AM To: Gail Teynor; Melanie Curtis Subject: Re: Attorney bill Teynor Melanie, Please see Gail's note below. Can you please request a refund? Sven On Nov 28, 2012, at 8:32 AM, "Gail Teynor" <�tevnor(a�comcast.net> wrote: Sven, I paid them already! Sent from my iPhone On Nov 28, 2012, at 8:20 AM, "Gustafson, Sven" <Sven ceni,stonewood.com> wrote: Gail, �p,,�i/t(1�� �. " Ir ��, See below. You can disregard the legal bills from the city. � ����'-� �` Sven � ��n� Begin forwarded message: �'�j % � V� �✓ From: Melanie Curtis <MCurtis(�a,ci.orono.mn.us> �� � ��� Date: November 28, �012, 8:18:20 AM CST � � � To: "'Gustafson, Sven"' <Sven(a�stonewood.com> ��' Cc: Christine Mattson <CMattson(a�ci.orono.mn.us> Subject: RE: Attorney bill Teynor Sven You can disregard the legal bills Teynor received. We will apply the city�. _,.N��c:dLI0I1"credit"to these bills. Please note, there will likely be engineering review charges with the permit application for the grading. This may or may not exceed the $500'�credit"for engineering. i I will call off our dogs in the finance department. O Melanie Melanie Curtis � 952.249.4627 � mcurtis@ci.orono.mn.us From: Gustafson, Sven [mailto:SvenCa�stonewood.com] Sent: Monday, November 26, 2012 5:35 PM To: Melanie Curtis Subject: Fwd: Attorney bill Teynor Here are bills. Begin forwarded message: From: "Gail Teynor" <gteYnor cnie,comcast.net> To: "Gustafson, Sven" <Sven(c�r�,stonewood.com> Subject: Attorney bill Teynor a Sent from my iPhone 2 Christine Mattson From: Melanie Curtis Sent: Monday, November 26, 2012 10:52 AM To: Christine Mattson Subject: FW: voicemail Please look into the balance of bills and/or escrow for the project at: 2789 Pheasant/ #12-3565 Legal bilis? Melanie Curtis � 952.249.4627 � mcurtis@ci.orono.mn.us From: Gustafson, Sven [mailto:Sven@stonewood.com] Sent: Monday, November 26, 2012 10:38 AM To: Melanie Curtis Subject: Re: voicemail Melanie- I am wondering if there was a escrow given to Orono on the Phesant R��a ��°--�� " „ ;h? When will it refund? T here are a coup le o f bi l ls t hat were sent to t he {�� n � �� '�� �� ��'��U�� : i t? No t indu de d in t h e vi'll �l1J�J , application fee? �. � ' ��f��i� �� `� ��r,�� ;�; ��v�'t � �,; Sven ' �` �� From: Melanie Curtis<MCurtis@ci.orono.mn.0 �V r� � Date:Thu, 30 Aug 2012 10:33:59 -0500 To:Jeffrey Gustafson <sven@stonewood.com> �p �t Cc: "'kathrvn@alexanderdesi�n�roup.com"' <ka 1 � . l�,� ' � `� Subject:voicemail ' ,� j Hi there Teynor resolution approved. Sorry for not gettirn �on. Funny about the '�bribe" but I don't think I did much in this case... Teynors have to sign the resolution and then you ,,��� aNN�y ror building permit. 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 SUMMER Office Hours Monday - Thursday 7:30 am to 5:00 pm Friday 7:30 am to 11:30 am 1 CITY OF ORONO �0.� PO Box 66 0 Crystal Bay MN 55323 Phone: 952.249.4600 �� �� INVOICE � �kFSHO� Date Number Page 09/19/2012 20120189 � JOSEPH TEYNOR 13225 CARDINAL CREEK RD Customer No. 105402 EDEN PRAIRIE MN 55346 PAY BY: 10/19l2012 Quantity Description Unit Price Net Amount 1.00 Legal Consultant August 2012 File 12-3565 90.00 90.00 Ba{ance Due 90.00 PLEASE NOTE: In accodance with Orono City code (Chapter 14, Section 14-110, paragraphs A and B) at the end of each calendar year the City of Orono can assess all unpaid invoices to the property taxes of the property associated with said invoice. fnvoices not paid by the due date are subject to a fate fee equal to 10% of the invoice total. MAKE CHECK PAYABLE TO: CInOFORONO IIIIIIIIIIIIIIIIIIIIIIIIIIIIII Po BaX ss Crystal Bay MN 55323 � CAMPBELL KNUTSON Professiona/Association Attorneys at Law Federal Tax I.D. #41-1562130 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452-5000 Page: 1 City af Orono August 31, 2012 Attention: Ron Olson Account# 2717-213G P.O. Box 66 � Crystal Bay MN 55323 RE: ZONING APP 12-3565 (2789 PHEASANT ROAD) SERVICES RENDERED TO DATE: 08/13/2012 HOURS SMM Review materials for City Council meeting. 0.40 90.00 08/27/2012 SMM Review resolution and Planner's report. 0.30 67.50 AMOUNT DUE 0.70 157.50 TOTAL CURRENT WORK - 157.50 TOTAL AMOUNT DUE $157.50 �r� � n v - ��;� . � C� � /��� J `_�, ` v\ ` Amounts due over 30 clays will be subject to a finance charge of .5% per month (or an annual rate of 6%). Minimum charge - 50 cents. 12-3565 2789 Pheasant Rd aa�ance 2789 Pheasant $so.00 . Summary All Varfances-Permits get a 5500 Engineering credit and a 567.50 Legal $157.50 Legal credit(2008 and later) Joseph Teynor Engineering $0.00 13225 Cardinal Creek Rd Subtotal $157.50 Preliminary Plat Application Fees Paid Eden Prairie,MN 55346 Credits -$67.50 Payments $0.00 Balance $90.00 Total Application Fees $0.00 Legal Invoice Date Activity Invoice# Amount Prelim Plat Improvement Fees 9/19/2012 august legal 20120189 $ 157.50 actual invoice 90.00 due to credit Total $157.50 Fees Paid Applicable to Engineering Prelim Plat $0.00 Engineering Invoice Date Activity Invoice# Amount Final Plat Application Fees Paid Total Final Plat App Fees $�•�o Total $0.00 Final Engineering Fees Paid Fees Paid Applicable to Engineering Final Piat $0.00 Credits Date Payment Type Check# Amount legal ($67.50) Total Fees Paid $0.00 Total ($67.50) Payments Date Payment Type Check# Amount Total $0.00 11/26/2012 Christine Mattson From: Sherry Charboneau [SCharboneau@ck-law.com] Sent: Wednesday, November 28, 2012 9:24 AM To: Christine Mattson Subject: RE: Unbilled WIP Good morning Christine: No WIP or outstanding amounts for Campbell Knutson on this one. Sherry Sherry L. Charboneau Legal Assistant CAMPBELL KNUfSON P.A. 1380 Corporate Center Curve•Suite 317• Eagan,MN 55121 `�° (651)234-6230• Fax: (651)452-5550 �scharboneauC�ck-law.com•www.ck-law.com From: Christine Mattson [mailto:CMattsonCa�ci.orono.mn.us] Sent: Tuesday, November 27, 201Z 1:47 PM To: David P. Martini; Sherry Charboneau Subject: Unbilled WIP Hello, Any unbilled WIP for 2789 Pheasant Road /Variance #12-3565? Thank you. 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 0 952.249.4616 r3' 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: Thursday& Friday, November 22 and 23, 2012 1 Christine Mattson From: Jesse Struve Sent: Friday, September 14, 2012 2:06 PM To: 'Kelly- Schoborg Land Services, Inc.'; 'rachaelle48@hotmail.com' Cc: Christine Mattson; Melanie Curtis Subject: 20120914 reply about survey comments for 420 Deborah Kelly, Thank you for taking the time to ask for clarifications to my comments. Please show silt fence on the downhill of the proposed pool is being installed so it will capture all runoff generated from the construction of the pool. In regards to your comments regarding the tennis court and septic mound locations being shown as approximate. The permit survey requirements do clearly state all existing accessory structures need to be shown. With that being said, I do understand the rational you performed in showing the approximate structure and septic mound location on the survey. I also understand you do not want to have to send your crews back out to get this information for the permit approval. I am willing to allow this, but when your crews are back on the site performing the final as-built survey, I will require you get the definite locations of the shed,tennis court, septic mound location, and any other structure (retaining walls) not shown on the survey. Please keep this in mind for all future surveys and provide all the information requested in the survey requirements of the permit applications (http://www.ci.orono.mn.us/vertical/Sites/%7BCBFC8FAF-C313-4854- A229-98A3482257F0%7D/uploads/Survey Requirements.pdf). The major outstanding issue which has the potential to hold up the permit would be the wetlands. Please refer to City Code 78-1601 (c)-(4) (http://library.municode.com/index.aspx?clientld=13094&stateld=23&stateName=Minnesota). City maps indicate wetlands may be located on the property. Therefore,the applicant will need to determine if are wetlands located on the property. If wetlands are determined to be on the property,the applicant will need to perform an official wetland delineation and assessment. I would also recommend having this person evaluate the existing buffer to see if it would meet the required width and qualities as outlined by City Code 78-1605 (http://library.municode.com/index.aspx?clientld=13094&stateld=23&stateName=Minnesota). This delineation will need to be approved by Orono's consulting wetland expert. Please feel free to contact me if you have any additional questions or concerns. I can be reached at 952-249-4661 or at jstruve@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: Kelly - Schoborg Land Services, Inc. [mailto:kelly@schoborgland.com] Sent: Friday, September 14, 2012 11:38 AM To: Jesse Struve Cc: Christine Mattson; Melanie Curtis Subject: 420 Deborah Dr., Orono Jesse, i Hello. I'm a surveyor for the property at 420 Deborah Drive, Orono. The owner contacted me this morning regarding your denial of her application, and I'd like to follow up with you on your concerns with the survey. Here are the issues as I understand them: Wetlands: Our surveyor walked the south line of the parcel and didn't think that it looked like wetlands encroached north of the boundary line. While the aerial photo looks like there might be wetlands close to the south line of the parcel, they are three to four times farther than the minimum setback from the pool. I have contacted our wetland delineator, Wayne Jacobson, who has reviewed the survey and soil maps of the area. He will be contacting the MCWD today on the owner's behalf to request that a wetland delination need not be perFormed. Approximate structure locations: Our field crew has precisely located the lot corners, house, deck, patio and trees. These are not approximate locations. After submitting an initial copy of the survey, Chris Mattson asked for additional structures (including tennis court, shed, driveway & new septic mound, which was put in place after our initial survey) to be located, we used our precise location of the boundary, house and trees to add an aerial photo to the survey. Using this method, we were able to add the requested additional structures (tennis court, shed, driveway) to the survey. The septic system is still under construction, but the surveyor has indicated the general location of the mound at the easterly corner of the lot. While these locations are approximate, they are supported by the surveyor's presence on site verifying general location as well as the aerial photo. It is my understanding that these structures are so much farther than minimum setback from the pool that it seems reasonable to accept location based on aerial photo. The proposed septic tanks will not be installed until after the pool is installed, so they can not be located at this time. Silt Fence: I'm happy to add proposed silt fence to the survey. Where is it needed? I do not know if you have received the copy of the survey with the aerial photo included. For your reference, copies of the survey with and without aerial photo are attached as well as a copy of the aerial photo available on the Hennepin County website. Please review them and re-consider the need for re-locating the tennis court and septic mound. I'm happy to discuss this by phone as well. Please call me at 763-972-3221. Kelly Brouwer Schoborg Land Services, Inc. 763-972-3221 kelly(c�SchoborgLand.com z Christine Mattson From: Christine Mattson Sent: Friday, September 14, 2012 11:11 AM To: 'Kelly- Schoborg Land Services, Inc.' Cc: Melanie Curtis Subject: 420 Deborah Drive/#2012-00878 Kelly, I've spoke with Rachaelle this morning regarding our engineer's review (see below). She will be contacting you to ask if you have someone to refer her to for wetland assistance. We don't need a full delineation at this time, just a wetland specialist to visit the site and determine if there is wetland on her property. If there is wetland on her property, it must be delineated. If not, no additional wetland requirements are necessary. If you have any questions, please don't hesitate to contact me. 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 `1�' 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, November 12, 2012 I have reviewed the application for the proposed pool and have following comments: • The locations of the existing house, existing tennis court, existing septic mound location, and proposed septic tank locations should not be "approximate" but should be located and shown by the surveyor. • The City's wetland maps indicate there is a possibility of a preserve wetland on the property. There should be a delineation performed to determine if the wetland is located on the property. If the wetland is determined to be located and determined to have a preserve classification,the applicant will be required to install a 50' wetland buffer along the wetland. • The survey should show silt fence location on the survey. Please contact me with any questions or concerns. 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 1 Jesse Struve From: Jesse Struve Sent: Thursday, September 13, 2012 4:26 PM To: Melanie Curtis Cc: Christine Mattson Subject: 20120913 420 Deborah Drive 2012-00878 Melanie, I have reviewed the application for the proposed pool and have following comments: • The locations of the existing house, existing tennis court, existing septic mound location, and proposed septic tank locations should not be "approximate" but should be located and shown by the surveyor. • The City's wetland maps indicate there is a possibility of a preserve wetland on the property. There should be a delineation performed to determine if the wetland is located on the property. If the wetland is determined to be located and determined to have a preserve classification, the applicant will be required to install a 50' wetland buffer along the wetland. • The survey should show silt fence location on the survey. Please contact me with any questions or concerns. 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: Willie Gibbs Sent: Friday, August 10, 2012 12:09 PM To: Melanie Curtis; Jessica Loftus; Lili McMillan (lilim@mac.com) Subject: RE: 420 Deborah Drive - Septic/Pool question Melanie,Jessica, Lili: The intent of the variance procedure has never been used for, nor was it intended to be used for, not having to upgrade the septic system. The variance procedure is to allow for setbacks that cannot be met or the sizing of systems and the like. Mrs. Brady was first notified in 1999 that the system is non-compliant and had a septic system design drawn up in 2002, in anticipation of the pending upgrade deadline. She is now requesting to spend thousands of dollars on an inground pool. This is not only unnecessary for enjoyment of the property but may impact a future septic site if she is not required to upgrade the system as part of this project. If Mrs. Brady does request a variance I will have no choice but to turn her down. To allow a variance for her to construct hard cover,without upgrading the septic system, would open up a can of worms that the City cannot allow to happen. Please let me know if there are any further questions. Have a nice weekend, Willie. From: Melanie Curtis Sent: Friday, August 10, 2012 10:38 AM To: 'rachaelle48@hotmail.com' Cc: Jessica Loftus; Lili McMillan (lilim@mac.com); Willie Gibbs Subject: 420 Deborah Drive - Septic/Pool question Rachaelle You and I spoke earlier this week regarding your desire to install a swimming pool on your properly. Your property records indicate that your septic system is non —compliant and must be upgraded before any non-maintenance permits can be issued for your property. After speaking with Willie Gibbs several times you asked me to look into this issue. This is what I've found. I have pasted the City Code sections below relating to permit issuance. Also attached are the septic system inspection records for your property since 1990. Please note that beginning in 1999 your property was identified by the City as being "non-compliant"due to the lack of State-required groundwater separation. You were notified of the 2010 deadline for compliance at that time and with each subsequent inspection. Beginning on January 1, 2011 City code Section 58- 47(b) applies specifically to your situation. Because of this, in my opinion, there is no"gray area"as we discussed. You must upgrade your septic system to meet the MN State minimum standards and Orono City Code prior to the issuance of any non-maintenance type of building permit (maintenance permits include re-roofing, windows, mechanical, etc). City Code 58-73 outlines the ability of the on-site manager (Willie Gibbs) to grant variances in cases of hardship etc. You must request a variance in writing. I will be candid and say that I don't believe your situation will qualify for this rype of variance but the code allows you to request one. If your variance is denied by Mr. Gibbs you may appeal Mr. Gibbs' decision to the City Council. Lastly, there is a Preserve classification wetland on or very near the southern portion of your property which is a further limiting factor relating to location of septic system treatment areas and the swimming pool. I do not have a record of a wetland delineation to provide you with more direction as to the size of the wetland but I thought I should mention it... Please let me know if you have additional questions. Melanie Melanie Curtis Planning &Zoning Coordinator City of Orono 1 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtis(o�ci.orono.mn.us Website: www.ci.orono.mn.us City of Orono SUMMER Office Hours Monday -Thursday 7:30 am to 5:00 pm Friday 7:30 am to 11:30 am Sec. 58-47. -Building permit applications. (a) New residence. No building permit shall be issued for any new building that will be connected to an ISTS until a site evaluation and design is approved by the on-site systems manager. The site evaluation must include the identification of both primary and alternate drainfield sites suitable for a minimum of a five-bedroom residence. If the building will be connected to an existing system, a site evaluation and design must be approved by the city, including the existing system specifications and a future site meeting the provisions of this article. A new residence must be connected to an ISTS meeting the definition of a code system. (b) Required upgrade or replacement. A sewage treatment system not meeting the requirements of Minnesota Rules Chapter 7080, as amended, or the requirements of this article, whichever is more restrictive, must be upgraded, at a minimum, at any time a building permit is required for any improvements on, or use of, the property, subject to the following: (1) Any such system for which the city has previously issued orders requiring upgrade or replacement of the system by December 31, 2007, shall not be subject to this requirement until January 1, 2008. (2) Any such system for which the city has previously issued orders requiring upgrade or replacement of the system by December 31, 2010, shall not be subject to this requirement until January 1, 2011. (3) Regardless whether previous upgrade or replacement orders have been issued, this upgrade or replacement requirement shall not apply when said building permit is for regular maintenance or upkeep including but not limited to replacement of inechanical equipment such as air conditioning, furnaces, water heaters, or water softeners, or for re-roofing, re-siding or window replacement. (c) Construction of additiona/bedrooms or construction including water-using appliances that will increase the sewage flow into an ISTS. A building permit shall not be issued until the city confirms that the existing ISTS is compliant and of adequate size to treat the sewage flow from the building and that a future drainfield site is designed and preserved. If the existing ISTS must be repaired or replaced, an ISTS design for both the existing ISTS and a future drainfield site must be approved before issuing a building permit. If expansion or replacement of the ISTS is required, the ISTS must be installed and inspected before a certificate of occupancy shall be issued for the construction. Failure to identify satisfactory drainfield sites for the proposed sewage flow for use now as well as a future site shall result in the denial of the building permit application. (d) Expansion of an existing building, including decks and patios; construction of an accessory building, driveway or land alteration. A future drainfield site must be designed and preserved prior to the issuance of a building permit for any expansion of an existing building, construction to an accessory building or driveway or land alteration on a property using an ISTS. A building permit will not be issued when the proposed work would preclude the use of the only future drainfield site approved by the city. (Code 1984, § 12.30(4)(F); Ord. No. 100 2nd series, § 4, 2-10-1992; Ord. No. 147 2nd series, § 8, 5-13-1996; Ord. No. 199 2nd series, § 1(12.30(4)(F)), 5-8-2000; Ord. No. 38 3rd series, § 1, 9-24-2007) Sec. 58-73. -Variances. The on-site systems manager may grant variances to the provisions of this article due to unnecessary or unintended hardship to the owner that are not contrary to the intent and purpose of this article or other applicable law. Variance applications shall be reviewed by the on-site systems manager upon written request of the owner or the owner's agent. 2 . (1)Variance applications must include complete soil testing and ISTS design in accordance with this article, including the identification of any site limitations leading to the variance request. (2) Variances shall be approved, conditionally approved or rejected in writing by city staff. The owner shall pay all costs incurred by the city in the review of the proposal. (3)Variance approvals shall be subject to all conditions established by the city at the time of approval and thereafter. (4)Any variance application may be referred to the city council for review by the on-site systems manager. (Code 1984, § 12.30(4)(E); Ord. No. 100 2nd series, § 4, 2-10-1992; Ord. No. 199 2nd series, § 1(12.30(4)(E)), 5-8-2000; Ord. No. 38 3rd series, § 2, 9-24-2007) 3 . "Melanie Curtis From: Melanie Curtis Sent: Friday, August 10, 2012 10:38 AM To: 'rachaelle48@hotmail.com' Cc: Jessica Loftus; Lili McMillan (lilim@mac.com); Willie Gibbs Subject: 420 Deborah Drive - Septic/Pool question Attachments: admin@ci.orono.mn.us_20120810_100136.pdf Rachaelie You and I spoke earlier this week regarding your desire to install a swimming pool on your property. Your property records indicate that your septic system is non —compliant and must be upgraded before any non-maintenance permits can be issued for your property. After speaking with Willie Gibbs several times you asked me to look into this issue. This is what I've found. I have pasted the City Code sections below relating to permit issuance. Also attached are the septic system inspection records for your properly since 1990. Please note that beginning in 1999 your property was identified by the City as being'�non-compliant"due to the lack of State-required groundwater separation. You were notified of the 2010 deadline for compliance at that time and with each subsequent inspection. Beginning on January 1, 2011 City code Section 58- 47(b) applies specifically to your situation. Because of this, in my opinion, there is no"gray area"as we discussed. You must upgrade your septic system to meet the MN State minimum standards and Orono City Code prior to the issuance of any non-maintenance type of building permit (maintenance permits include re-roofing, windows, mechanical, etc). City Code 58-73 outlines the ability of the on-site manager (Willie Gibbs) to grant variances in cases of hardship etc. You must request a variance in writing. I will be candid and say that I don't believe your situation will qualify for this type of variance but the code allows you to request one. If your variance is denied by Mr. Gibbs you may appeal Mr. Gibbs' decision to the City Council. Lastly, there is a Preserve classification wetland on or very near the southern portion of your property which is a further limiting factor relating to location of septic system treatment areas and the swimming pool. I do not have a record of a wetland delineation to provide you with more direction as to the size of the wetland but I thought I should mention it... Please let me know if you have additional questions. 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 SUMMER Office Hours Monday - Thursday 7:30 am to 5:00 pm Friday 7:30 am to 11:30 am Sec. 58-47. -Building permit applications. (a) New residence. No building permit shall be issued for any new building that will be connected to an ISTS until a site evaluation and design is approved by the on-site systems manager. The site evaluation must include the identification of both primary and alternate drainfield sites suitable for a minimum of a five-bedroom residence. If i the building will be connected to an existing system, a site evaluation and design must be approved by the city, ' including the existing system specifications and a future site meeting the provisions of this article. A new residence must be connected to an ISTS meeting the definition of a code system. (b) Required upgrade or replacement. A sewage treatment system not meeting the requirements of Minnesota Rules Chapter 7080, as amended, or the requirements of this article, whichever is more restrictive, must be upgraded, at a minimum, at any time a building permit is required for any improvements on, or use of, the property, subject to the following: (1)Any such system for which the city has previously issued orders requiring upgrade or replacement of the system by December 31, 2007, shall not be subject to this requirement until January 1, 2008. (2)Any such system for which the city has previously issued orders requiring upgrade or replacement of the system by December 31, 2010, shall not be subject to this requirement until January 1, 2011. (3) Regardless whether previous upgrade or replacement orders have been issued, this upgrade or replacement requirement shall not apply when said building permit is for regular maintenance or upkeep including but not limited to replacement of inechanical equipment such as air conditioning, furnaces, water heaters, or water softeners, or for re-roofing, re-siding or window replacement. (c) Construction of additional bedrooms or construction including water-using appliances that will increase the sewage flow into an ISTS. A building permit shall not be issued until the city confirms that the existing ISTS is compliant and of adequate size to treat the sewage flow from the building and that a future drainfield site is designed and preserved. If the existing ISTS must be repaired or replaced, an ISTS design for both the existing ISTS and a future drainfield site must be approved before issuing a building permit. If expansion or replacement of the ISTS is required, the ISTS must be installed and inspected before a certificate of occupancy shall be issued for the construction. Failure to identify satisfactory drainfield sites for the proposed sewage flow for use now as well as a future site shall result in the denial of the building permit application. (d) Expansion of an existing building, including decks and patios; construction of an accessory building, driveway or land alteration. A future drainfield site must be designed and preserved prior to the issuance of a building permit for any expansion of an existing building, construction to an accessory building or driveway or land alteration on a property using an ISTS. A building permit will not be issued when the proposed work would preclude the use of the only future drainfield site approved by the city. (Code 1984, § 12.30(4)(F); Ord. No. 100 2nd series, § 4, 2-10-1992; Ord. No. 147 2nd series, § 8, 5-13-1996; Ord. No. 199 2nd series, § 1(12.30(4)(F)), 5-8-2000; Ord. No. 38 3rd series, § 1, 9-24-2007) Sec. 58-73. -Variances. The on-site systems manager may grant variances to the provisions of this article due to unnecessary or unintended hardship to the owner that are not contrary to the intent and purpose of this article or other applicable law. Variance applications shall be reviewed by the on-site systems manager upon written request of the owner or the owner's agent. (1)Variance applications must include complete soil testing and ISTS design in accordance with this article, including the identification of any site limitations leading to the variance request. (2)Variances shall be approved, conditionally approved or rejected in writing by city staff. The owner shall pay all costs incurred by the city in the review of the proposal. (3)Variance approvals shall be subject to all conditions established by the city at the time of approval and thereafter. (4)Any variance application may be referred to the city council for review by the on-site systems manager. (Code 1984, § 12.30(4)(E); Ord. No. 100 2nd series, § 4, 2-10-1992; Ord. No. 199 2nd series, § 1(12.30(4)(E)), 5-8-2000; Ord. No. 38 3rd series, §2, 9-24-2007) 2 INVOICE � BOL_TON 8� M�N K , I NCm Piease Remit To: ' Consulting Engineers& Surveyors Bolton 8 Menk,���. " 1960 Premier Drive�Mankato,MN 56001-5900 � DESIGNING FOR A BETTER TOMORROW 507-625-4171 � 507-625-4177(fax) www.bolton-menk.com * Z (� lZ * * (� 15 18 16 * * C 13 . 1f� 5564 * City of Orono October 31, 2012 P.O. Box 66 Project No: C13.105564 Orono, MN 55323 Invoice No: 0151816 Orono/420 Deborah Drive Permit#2012-00878 Professional Services Hours Rate Amount Principal Engineer Martini, David 10/12/2012 .50 135.00 67.50 10/3/12, Review Wetland Buffer Information Technician Perry, Mark 9/28/2012 7.00 85.00 595.00 09/17/12 Correspondence Regarding Permit;Phone Conversation with Delineafor,�Prep for Field Visit;Site Visit Perry, Mark 9/28/2012 1.00 85.00 85.00 09/19/12 Buffer Figure for Resident Perry, Mark 9/28/2012 .50 85.00 42.50 09/25/12 Correspondence Regarding Resident Question Perry, Mark 9/28/2012 .50 85.00 42.50 09/26/12 Correspondence with City and Watershed Regarding Buffer Perry, Mark 9/28/2012 1.00 85.00 85.00 9/18/12 Perry, Mark 10/12/2012 .50 85.00 42.50 10/03/12 Correspondence with City Regarding Wetland Assessment Questions Perry, Mark 10/12/2012 .50 85.00 42.50 10/08/12 420 Deborah Dr Correspondence;Receive Residents Voice Mail and Respond to City Clerical Perry, Deborah 9/28/2012 .50 55.00 27.50 9/17/12 Open File Totals 12.00 1,030.00 Total Labor 1,030.00 Total this Invoice $1,030.00 Notice:A finance charge of 1.5%per month(annual percentage of 16%)is charged on balances 30 days or over. Mike Gaffron From: Robert Bean [bobbe@bolton-menk.com] Sent: Thursday, November 15, 2012 12:37 PM To: Melanie Curtis Cc: David P. Martini; Mark Perry; Christine Mattson Subject: 420 Deborah Drive- Billing tasks for 9/17/12 Melanie, I have reviewed tasks with Mark Perry for his professional services rendered on 9/17/12 regarding the permit application for 420 Deborah Drive, and following is an expanded description of those tasks, as requested. 1. Reviewed application documents—email correspondence, survey figures 2. Contacted by and discussed proposed project with delineator via phone and coordinated site meeting 3. Prepared GIS Wetland Buffer Figure and MCWD Wetland Function Value Assessment Figure for site meeting 4. Traveled to site and met with delineator and owner to discuss review, buffer requirements, MCWD wetland value determinations, delineation procedure 5. Delineated wetland with owner's delineator and approved boundary in field 6. Returned to office and assembled site meeting/delineation notes 7. Contacted by and discussed application/delineation requirements with delineator via phone and coordinated additional information and exhibits necessary 8. Prepared project review comments and exhibit for City depicting existing wetland vs MCWD data to aid in buffer review 9. Contacted City to discuss findings, project issues via phone In addition, I also spent time reviewing this application with Mark and did not bill any time to the project. Hopefully this will clarify the tasks performed on this date. If you have any other questions or comments, please contact me to discuss. Sincerely, Robert E. Bean,Jr, P.E. LEED Green Assoc. Water Resources Engineer Bolton & Menk, Inc. Consulting Engineers&Surveyors 2638 Shadow Lane, Suite 200 Chaska, MN 55318 P:(952)448-8838, ext 2892 F:(952)448-8805 email: bobbe@bolton-menk.com www.bolton-menk.com 1 . ; Mike Gaffron From: Rachaelle [rachaelle48@hotmail.com] Sent: Friday, October 12, 2012 5:58 PM To: Mike Gaffron Subject: 420 Deborah Dr. -wetland buffer Thank you Mike for all the work you put into my project. After reading and re- reading your information, I've decided that I whole-heartedly can't consider any of the options. I've spoken with many council members and Lili, and they agree, that revisions need to be considered with the wetland buffer code. Guidelines are just that. We as humans still have the power to make judgement calls when there are circumstances that require it. Triggers are just triggers. To dispute: 1. drainage to the wetland, it's hard pressed for any of the runoff getting that far without seeping into the ground before it gets there. 2. We will be regrading the area so the runoff will be toward the tennis court and a berm to the right of the pool. 3. The added hardcover is still way under the allowed percentage, so that should not even be considered. Is this pool project really going to harm the wetland area? I've lived on this piece of property for almost 26 years and I've loved taking care of it. I only want to make it more enjoyable for my extended family and generations to come. My hope is that the code will be changed to allow the distance to the wetland be a factor. I would like to finish the septic system next spring along with the pool. If my 51/2 acres were divided into 5 lots, 4 of them could have pools. In conclusion, I am a victim of a vague code, new obstacles thrown in in the 1 lth hour, and poor information about whether or not I even have a wetland on my property. It was questioned by surveyors, wetland specialists, a delineator, excavators, elevation guy for the pool, and my septic installer. I am asking you to please revise this code in my favor. Thank you again for your time and consideration. Respectively, Rachaelle Brady Sent from my iPhone On Oct 10, 2012, at 3:57 PM, Mike Gaffron <MGaffron(a�ci.orono.mn.us> wrote: Rachaelle— I sent this to you last Friday—don't know why you didn't get it. Here it is again. Mike Michael P. Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) P.O. Box 66, Crvstal Bav , MN 55323 Phone: (952) 249-4600 Fax: (952) 249-4616 From: Mike Gaffron Sent: Friday, October O5, 2012 10:18 AM To: 'rachaelle48(c�hotmail.com' Cc: Melanie Curtis; Jessica Loftus Subject: Re: Buffer - 420 Deborah Drive / Pool Permit Rachaelle - i Mark Perry has discussed the issue of wetland classification with Catherine Bach at the Watershed District (MCWD). Here is my analysis of the situation: Your wetland is currently classified as a Preserve management category, which requires a 50- foot buffer. Because your proposed construction activity meets all the Code criteria that triggers establishment of a buffer, the 50-foot buffer is required to be established. Those criteria are: 1) the area of the pool construction drains toward the wetland; 2) the amount of grading activity associated with the pool exceeds 50 cubic yards (it's actually more than 100 cubic yards); and 3) the pool results in a net increase in the square footage of impervious surface that drains toward the wetland. Unfortunately there is no provision in the Code that would negate any of these factors just because the pool is 350 feet from the wetland. Your wetland delineatar, Wayne Jacobsen, staked out the edge of the wetland approximately 16 feet south of the rock wall. The City's consultant wetland expert, Mark Perry of Bolton & Menk, was on the site and he agrees with Wayne's staked location of the wetland boundary. We discussed the possibility that the current classification of the wetland as a Preserve category might be incorrect. The only way to get it changed to some lower category would be to perform a"MnRAM Assessment" which must be performed by a wetland expert. Catherine Bach indicated MCWD will not perform the MnRAM assessment, but would review an assessment performed by someone else. You would have to have your wetland delineator do the MnRAM assessment. Your goal in having that MnRAM assessment completed would be to have the wetland reclassified to a lesser management category than Preserve, such as Manage l, Manage 2, or Manage 3. Manage 3 would be your best result, because it only requires a 16.5-foot buffer, and you already have that in place behind the rock wa1L If it turned out to be Manage 1 or Manage 2, the buffer required would be 35' or 25' respectively from the edge of wetland. Mark tells me he is fairly confident it would be reclassified to a lower category than Preserve, but until the assessment was done we would not know exactly which category. I understand that Melanie has offered to assist you in choosing the right plantings to establish a buffer if you decide to go ahead with the buffer establishment based on the current Preserve classification. However, if you want to spend the money to have a MnRAM assessment done in the hopes that a lesser or no additional buffer will be required, that is up to you. As I see it, your options for dealing with the buffer issue are as follows: Option 1. Have your wetland person do a MNRAM Assessment. If the MNRAM Assessment indicates that the classification should be Manage 1, 2 or 3 instead of"Preserve", then have him submit it to the MCWD far approval. Once they approve it, you would then proceed with submitting to us a buffer plan to have the appropriate buffer established in the case of Manage 1 or Manage 2; or if it's a Manage 3 no added buffer is necessary and we could issue the pool permit once you re-apply. If the MnRAM Assessment concludes that it's still a Preserve category, in order to move forward you would have to do the required 50-foot buffer as noted previously. 2 . . Option 2. If you choose to skip the MnRAM and just go ahead with the Preserve buffer of 50', you should proceed with the steps outlined previously by Melanie and Chris. Option 3. You could apply for a variancefrom the buffer requirements, which has a $700 application fee and would take about two months to process. You would have to convince the Council that you have a practical difficulty that prevents you from establishing the buffer. From staff's perspective, we don't see that you have a practical difficulty, and staff would not support the variance. But, that is an option if you wish to pursue it, with no guarantee it would be approved. I did research your question about why the septic system had to be replaced. The City inspector did a soil boring on the property on October 8, 1999 and his boring logs (attached) indicate the seasonal water table of the existing system was only 14 inches below the trenches, not meeting the 30" minimum separation requirement. It had a deadline of December 31, 2009 to be replaced, but replacement is also triggered by new construction on the site or by a sale of the home. It is important that you complete the installation of the septic system regardless whether you proceed with the pool. Please call me if you have additional questions. Mike Michael P. Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) P.O. Box 66, Crvstal Bav , MN 55323 Phone: (952) 249-4600 Fax: (952) 249-4616 <Soil Boring Log - 420 Deborah Drive.pdfl 3 � �`",�....: . . -,�,..� . "�°��Sf _ . . - "e�-"`�.� } ��,.p 1,�� �`� s : � �t �+'z : ,_ : w� �� ,��u� 'k , �'- ' '�.u +� <x�.+{�y� ,zr �;�;� rm;µ,�'�r m�- E r^u �t , "� � - „�� a4. � t � �_ � �a��. �rx �;: �� �. . > , , .� . . ., � _ , .. , • _ a:--- .r v.- '.a.: .:. � � v �:,: , .... -.. 'F���. .., ... = <}.,. L °N' r �`G' � � ° ,i i - �...x .. �::v�, v.. - - .:. i-.. ._ , , ..�"� � �a �z,. , h,. �,-, , . .. .� ' , ,,.. , - f���,;����" .�,�i'�.'rc ��'� ,�1.�'�����1F�,�"�F':��� ^:�� .�#'rY� u�k��:v�� ���- ��.� ��!§ �� �� ��,' .. ' #;� �� � � � � +V� �► �► �► � �r► � � � � � � � " � ` i'w� � � � � ► �: : �i , ; �4 y2 0 ��ebo��{ �,�, I ---------� � , . �D -�^ `�9 � � � , � �'�l 1�� �'l� /��. ! , tVl��1,� � ���, ; .1 � . 1r��1 .�-tl��n� �6 " � �Cpt�R��d�7� l�« � �\ �1 vn can���n;� sy.s�►- � �6 �z—��—z�c� �� y � � fl�— ir .,p� � � > >e I�n�rs-/� ( . " � . � .. __ � � :� � �'an��.�����—� � � � .� � � ;. , , �. � � � � ; � � ' � ��� ; ���� � �.v,.� :� �� , �.<� _., .. �r:<- �.�:.� . . , ; ' ... ,.... . . .. �:'.��, ;<..3:� �*i,^ia��. , � �� � 11 �� 11 I' II �� 1� I'� �� .:�� � �� � �� -' 11 � � � ..� '�I � �� � �� � q � ' �� '+` ��i ��'11i '11c � �. �� � � � � 1� � � � � � � � I � I .I � � � . I ` Y . � 1�J�J `_ f�Ji l�I,.. ��Gi�/1 l��.-� .. __ � �' s ' i' //%". `/; �.� , � 4?�. I� ` �_� 2 :.f 4i t. � I iI I i . �\ � r J 1 �/ } , �. � � t �� !l:;i � � i!f� �i;d{'�3 j, A - � .., — ------ _. - -�-- ----.� � � ' 9 j +x.. "r / X, ��� ( 1. 7 !f � l" � ��f91�� -� `�L, � ' �� ' � 1 i � ,;f � '-_."�� . �/ `.' ;'t r�,�, �� ,�i"r;r� , -� l�� � r �,�, ...� � ,u �, � � �� ���� I, r'�f��'::� _� /:�„ �.� -� - � O��v;}! Ci'1�.,(.;y;t;;� �� ;`c�a%i � � ``, . � �`f,l�(,(`�:; �> �� _`��_ ��`'t t• ^: :..�i '.._J f , F� �� �r, .. �. ..,_`;5�: ca, `�/I, _ �'� �. .� . �1!;�k;- /�' , ' �, � ,�;,; ',x - i / ;��_ 1 ! � 1 � ,�,,j � ,�, ��. .�'�����F�� __ �=. ,1� � � � FRn+'...::�.,_ . . . .. . . �.-' S'ri " �. `TMc �' � .�j . . ��� ����� r�` y . 1 +r�T'p-�,r�. i <� - �" . � 1;�� - '�eT�.t"'=T'^''^ .$F _ : -'�¢ e .. �`�'R� '� .�M'�m� v��`a�"�,fi�«�� � � t��` Y ,-.. ...t . a ..�- ,� ..:.- , .,. . �:.. l � � y� � � t P7 ��,��',���` �( .. . ,�� �`'5,�1�� ��+�'F�'���� F�1 .�r_�1,����: �i4.tP�.::1Y a.�1 .�� �`�.�IN�' �1��'F��. . . �� � � � 1� � � � � � � � � � � � � � � � � � � "�::.: � I � �l2 C'� �.b�r-�r� �,�. -- - � � —� , CO -�?-�9 ; �s�� 1����, ���y %�,. _ ���yt-1,� --� .�� " .� ° �Y�i12c'�i ,�j-t�Dm-� 1� �, S��'r�R,�-T/6'��-� �Ll`� � � .� , 9 . 1 � . �/(A? C�2��L�n i�t S�'�� � / hP�aC� � �Z--31-2�(�l �. .. � '�, � ���� � � ��_ i� ��M � -� w�r � �#�l�S—�� � �, , � � (.G)?�r-'�.��� -,� , � �` - :�-- i i �R ( � y �� � � r � I /. : �— - __---__.__.__ .__ . _ ., r i..t.f���` ' .�Y;:._ i � ������ .., �5�.. �<X '�" 9.�'�i�, � ... . . .�'vrr�>ra.. �.. . z Melanie Curtis From: Rachaelle [rachaelle48@hotmail.comJ Sent: Wednesday, September 19, 2012 1:33 PM To: Melanie Curtis Subject: Re: Buffer-420 Debroah Drive/ Pool Permit#2012-00878 I just measured my buffered area from the property line and it is 64' Sent from m� iPhone On Sep 19, 2012, at 9:55 AM, Melanie Curtis<MCurtis@ci.orono.mn.us>wrote: Ractiaelle Unfortunately, my viewing of your property in person will not change what our wetland specialist has reparted or the requirements of our code. Attached is the map I referred to yesterday. Melanie Curtis � 952.249.4627 � mcurtis@ci.orono.mn.us Fram: Rachaelle [mailto:rachaelle48@hotmail.com] Sert�t: Tuesday, September 18, 2012 9:41 PM To: Melanie Curtis Subject: Re: Buffer - 420 Debroah Drive/ Pool Permit #2012-00878 I v�rould like you to come over to my place tomorrow and see the area for yourself. Otherwise, I give up. I've done everything in good faith to comply to get a pool built this year and I've been defeated and denied. Sent from my iPhone On Sep 18, 2012, at 4:40 PM, Melanie Curtis<MCurtis@ci.orono.mn.us>wrote: Rachaelle— I understand you have had some conversations with Christine. She explained tom me that you want to leave the wetland classified as a Preserve wetland and maintain a 50' buffer. If the existing vegetation meets our requirement for buffer vegetation (ie. native grasses) you can meet this requirement by discontinuing the mowing of this area. Please note however, if the vegetation doesn't meet our requirements a planting or improvement plan (and escrow) will be required. It is my understanding from our field inspector's report much of this area is primarily turf grass and would have to be converted to native grasses etc to be considered acceptable. The existing rock wall is allowed to remain as located. I will be forwarding you a ��sketch" reflecting the wetland edge and area to be buffered. The sketch is based on the field inspection conducted last week. You will be able to use this as a reference for your buffer improvement plan. Note, the wetland edge and the 50-foot buffer must be shown on the final as-built survey by the surveyor along with all of the other requirements. If you have questions it would be best to contact me directly. Thanks, Melanie i i r 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: mcurtisan.ci.orono.mn.us Website: www.ci.orono.mn.us City of Orono Office Hours Monday - Friday 8:00 am - 4:30 pm <W etl and_B ufferF i g_091912.pdf� z Melanie Curtis From: WAYNE JACOBSON [jacobsonenv@msn.com] Sent: Tuesday, September 18, 2012 12:24 PM To: Rachaelle Brady; Mark Perry; Melanie Curtis; Catherine Bach Subject: RE: 420 Deborah Drive in Orono Attachments: 2012-121 Brady 420 Deborah Drive Wetland Flagging.xls Rachaelle, Here is a bill for the field delineation work performed at your request along with Mark Perry's direction representing the City of Orono on 9/17/2012. You have one week to remit the payment of $324.50 to Jacobson Environmental at the address below or I shall summon you to Hennepin County Conciliation Court. If you need any collected data or reports from me it will be on a pay in advance basis. Don't call or email me again unless you have paid the attached bill. Thanks Wayne Jacobson, P.S.S., W.D.C., A.F.S. Senior Scientist Jacobson Environmental, PLLC. 5821 Humboldt Avenue North Brooklyn Center, MN 55430 jacobsonenv(a�msn.com www.iacobsonenvironmental.com 612-802-6619 cell > Subject: 420 Deborah Dr. > From: rachaelle48@hotmail.com > Date: Mon, 17 Sep 2012 15:39:11 -0500 > To: jacobsonenv@msn.com > > Rachaelle48@hotmail.com > > Sent from my iPhone � Pay To: JACOBSON ENVIRONMENTAL,PLLC Date:9-18-2012 5821 Humboldt Avenue North Brooklyn Center,MN 55430 (612)802-6619 jacobsonenv@msn.com www.iacobsonenvironmental.com INVOICE-Comm.No.2012-121 Job Name:Brady 420 Deborah Drive Wetland Flagging Client:Rachaelle Brady Time: Totais Date Task Hours 9/17/2012 Wayne-field delineation and sampling and gps of wetland 4.5 $315.00 Expenses: Date Item 9/17/2012 Mileage 50 x.55 $27.50 INVOICE TOTAL: $342.50 Payable upon receipt Thank you for your business! Wayne Christine Mattson From: Rachaelle [rachaelle48@hotmail.com� Sent: Tuesday, September 18, 2012 2:50 PM To: Christine Mattson Subject: Re: 420 Deborah Drive/#2012-00878 I have stopped the whole pool process. I would like my escrow money back, please. Regards, Rachaelle Brady. Sent from my iPhone On Sep 18, 2012, at 10:01 AM, Christine Mattson <CMattson@ci.orono.mn.us>wrote: Rachaeile, I am very sorry for the confusion pertaining to the wetland on your property. I misunderstood my conversation with Mark Perry yesterday. After speaking with him again this morning and discussing your situation with Melanie Curtis, the following is a summary of what must happen before we can issue your pool permit. According to the official City of Orono wetland map there is a wetland on your property. The official map indicates iYs a preserve wetland. If it's your delineator's opinion that it is not a preserve wetland a Minnesota Routine Assessment Method (MNRAM) must be completed along with a delineation to reclassify it. The Minnehaha Creek Watershed District (MCWD) will then review and make a determination if a reclassification of the wetland is appropriate. If the MCWD agrees with the MNRAM and reclassifies the wetland, it may result in a reduced buffer width (16.5' or 25' buffer) versus a 50' buffer as required with a preserve wetland. You may choose to leave the classification as is. A wetland delineation still must be performed to show the wetland edge and a 50' buffer based on the preserve classification. After the MCWD approves the wetland delineation, the edge of the wetland and the 50' buffer must be staked on the property and shown on your survey. If buffer improvements are necessary in the 50' buffer area, a vegetative buffer planting plan will be required. Based on the wetland buffer improvement plan our wetland specialist will determine the cost associated with the work required to conform to code (complete the buffer plan). The City will require and hold an escrow amount (to be determined) until the buffer is established. Once the buffer work is established, usually one growing season, the wetland buffer escrow money will be refunded to you. In this instance, the pool permit can be issued once the MCWD approves the wetland delineation, a wetland buffer improvement plan has been submitted and approved and buffer escrow submitted. The actual buffer improvement can take place next spring. Please don't hesitate to contact me so we can discuss. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical addressJ PO Box 66 Crystal Bay MN 55323-0066 (mailing address) `�° 952.249.4620 r'� 952.249.4616 �"� cmattson@ci.orono.mn.us �?�'� www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm 1 -- -- - - - — - – ,Y —�r-' #1` ( , ` ; _-J�_�� � ,^ L` �- \ Ypx � � I � ... .._... , `�. ;,� .�. � � J6 �a ���V � �� �� � �� � - - --� �� �� ' ����A �c'v � '` f r t ti� � ' '� r r s � w L+,o'' ':�: �� . t � � � � � j il ( � .,,,.,��, ,�'. ,. "- y ' �X � • `�; �� ' '' �� {� ���- ��, 3 /�� i `'f' \ � 7�5 r « � F L �\ r � x � � . . - � �a� ' �. .. /��'� � __���. ��� � � ��KFSHOIL� , t���� - � % /f ��. � . �� � . _ i»� � / ,< � / i �, Legend •.��� ��1� ;� � i, �!� � ��` f .�•,. ;�'; ' Railroad � � � •' , � 4 / . i �",��',, ',', y� '`� �'`.- � . � r� '�� �� q(' �sl�- Y`�, � City Limits � ����� � � � ���� � � '� < ,�� 4' OV�.�►, � '�.; 1� � �' � ❑ Parcels(7-1-2012) , • • , , �, .�• °1�..� "'� f� " � �° ,-��,�- :� �, Wetlands {� • �` ���,.r � ��� Preserve-50' �r �� � 4 / � � � � � � .+ !`�� � � Manage 1-35' ������., ��� �i ♦.' '� V��v ' fi�P'� "`}, ti :�� � Manage2-25' �°.'i 'b .�.i - - ' ��GG z� ' �;�� ��- .�� '� � Manage 3-16.5' : � ;< r. �. � ♦ �� a � �/ � �� # . ty �^'� •' � ' � Unclassified r ,�� `.�; . _. ..: I =.,� � ��' � � �� �r,� �'�e�u.� "�� i ��' ,� � �. * � � ' }'* Tr 1r l`�,�-`x !/ y,� � �xe s �'�3,'� _ e � � ; ��� �+,�.,,�'�t. � ���¢ I 4 �ta:� +'a�-s�` ,�7 • •- it�.'.. � i . +,!'�' �,.: � � � ��i. , ��R'�'* t �'�„T,'"q', ^t� "3,� l . 1�.A a r' % �.* ,\ �k 1,,,�� ' . . � • . , F �'��.+ � .F 4 • — � m ���,`� ` .� �� . �u.�. �,.��' ��� � � � �,' ` ,�•��;� � �. .x � II � ��;� ,, , ,�,�,�,�� � . f f •, . . � , , � Wolverton Pl .:� � ��► ,. – ,w �I rt+r � ��,: � \ � f+� � . ��,' a y ,.�; �`; '"!�! _ .> �-1�9�, � t j�,t� �� 'i6_� , I r � �` , �� ' �� � �r4� � � ��, � � ��� � �ti r� � 420 Deborah .,� ,-,� „� Drive/ Preserve � .,.,�. . �r � : . LUCE LINE-TR. �n�or��.,.� ,,, - � ��. �_ - . , .. - .: �.,- - o,=��„m�,: ______.�+. , ..__._._ _-- —_—�_______ � �� ' Thisdrawngisneitheralegallyrecordedmapnara rvey and is not intended to be used as one.This e drawing is a mmpilation of rewrds,information,and data 0 423 Fe2t bcated In various ary,counry,and ztate offces,and other sources affecting the area shown,and is to be used for re(er e purpas only.The CiN of Orono is nat �O Bolton&Menk,Inc-Web GIS 9/17/2012 L26 PM rr<nnnahlrfnranvinarruranrahnrrlmm�falnad