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Home My WebLink AboutLtr re escrow/hardship � � Melanie Curtis From: Melanie Curtis Sent: Tuesday, August 04, 2015 2:10 PM To: 'Jim Kelly'; 'MargareY Cc: Jeremy Barnhart; Christine Mattson Subject: RE: 1855 Concordia Street escrow and hardship Jim I have reviewed your request with Christine and have the following comments: On April 14, 2014, the City issued a permit allowing for the removal of 3 trees exceeding 6" in diameter within the 75' setback from the lake. In July prior to obtaining permits from the City the following activities were conducted: • vegetation removal in the yard areas, • grading of the yard areas, • removal of a wooden walkway along the southwest side of the house and installation of a new boulder wall. A Stop Work order was issued on ]uly 3, 2014. Myself and the City's engineer met with you and your contractor on site a number of times in an attempt to gain an understanding of your plan to remove understory vegetation and conduct some minor leveling of the yard to prepare for sod. Based on the discussions and description of the intended work, Staff issued an after-the-fact administrative Zoning Permit for land alterations (which allowed up to 10 cubic yards of disturbance within the 75-foot setback). You were informed of the limitations of the permit. As the work progressed it was noted by the City that the extent work exceeded the zoning permit and it appeared additional trees within the 75-foot setback had been cut. A 2�d stop work order was issued on July 23, 2014. To permit the grading of greater than 10 cubic yards, an after the fact conditiona! use permit (CUP) was requested in order to complete the land alteration activities within 75-feet of the lake which exceed 10 cubic yards. This CUP was issued by the Council at their September 22�d meeting. A before-the-fact request far approval to conduct the amount of disturbance and activiry on the property would have resulted in the following fees: 1. A CUP application fee of$700; 2. An adrninistrative permit fee of$50; and 3. An escrow payment of$2000. After the fact fees are double standard fees to offset the additional time and resources necessary to compel action on an application, usually associated with enforcement activity, as was the case here. Due to the after-the-fact (ATF) nature of the project you paid the following: 1. An ATF (double fee) administrative permit fee of$100; 2. An ATF CUP fee of $1400 ($700 + $700); 3. An escrow in the amount of $2000 for the CUP ($700 w/ the administrative permit plus $1300). This results in a total of$800 in after-the-fact fees which is consistent with your analysis. You may at this time request the City Council consider refunding the $800 ATF fees. Based on the amount of time spent on this project, staff would not recommend the Council approve a refund at this time. If you wish to make a formal request to the Council for a refund, please forward to my attention a written request, and any supporting information you feel prudent for the Council to understand your request. I will place it on an upcoming Council agenda for their consideration and let you know the date. Finally, please note, as directed by the Council staff will be making an annual inspection to your property in the next few weeks to document existing vegetation and tree viability. A subsequent inspection is also required to be conducted next year during the growing season. See the attached resolution, page 4; condition #10. Thank you- Melanie 1 � ti Melanie Curtis, Planner Direct 952.249.4627 Planning &Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtisaC�.ci.orono.mn.us Website: www.ci.orono.mn.us From: Jim Kelly <jim.kelly6765 �gmail.com> Subject: 1855 Concordia Street escrow and hardship Date: July 9, 2015 at 3:48:40 PM CDT To: cmattsonCa�ci.orono.mn.us Christine, Last year, we went through the city council to get a CUP to sod our yard at 1855 Concordia St, Orono MN 55391. Our names are Jim and Margaret Kelly. The sod is complete, as well as all of the required landscaping from the city council hearing. The hearing was September 29, 2014. We have paid several bills(around$800)to the engineer for site inspection and review of plans, and believe that the process is complete.We were required to have our property surveyed&staked ($1800). We were required to have the changes the city engineer wanted made to our property platted by a civil engineer at a cost to us of$300. We are asking that someone in the office review the following: 1) Our escrow payment of$2000.We paid $700 with the application, and then an additional$1300 after being approved for the CUP permit. I believe that this is likely able to be returned as the project is complete. 2)We are requesting that someone look into granting us a hardship on the permits that we paid for. Initially, we did not know that we needed a permit to smooth out and sod the yard.That was a mistake that we clearly own.We paid a $100 minor land alteration permit, with an extra$100 after the fact fine. This was based on the direction from Melanie and the City Engineer,when they visited our house.We had the landscaper meet directly with the City Engineer to ensure they were exactly aligned on the scope of work.We received a stop work order and paid an additional $700 permit and a$700 after the fact fine to accomplish, based on the landscapers inability to follow his direction. We terminated the landscaper and hired a different one.The work is now complete. Melanie told us that we may request a hardship. It feels like we should not have to have paid $1600 in permits.We believe that the initial $100 should be considered, as well as the$700 after the fact fine. We understand now that we needed a permit to smooth and sod the yard.When we purchased the home in January of 2014,we had no idea that we did not have a yard.We also did not understand as spring approached,that the cost to meet the expectations of the city would be above$25,000 to get grass and the required landscaping. It has caused a financial hardship to our family.We are asking that you review the$800 in extra permit fees. In hind sight, we should have requested the$700 CUP permit. Thanks for your time and consideration, Jim and Margaret Kelly 952-406-2234 2 �►' 6cobasePropertyRecord� ... . .. �c��O�� :" �� I� 1 :_ � ..., �� po � � � . �� ' H �� s»;":��. 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