The URL can be used to link to this page

Home My WebLink Aboutinfo for demo permit Christine Mattson From: Christine Mattson Sent: Thursday, February 18, 2016 2:14 PM To: 'Toney Williams' Cc: Roger Peitso Subject: RE: Demo Permit- 1735 Fagerness Point Road Attachments: Escrow Agreement- Demolition Permit.pdf; Zoning Disclosure Principal Structure Demo- 1735 Fagerness Pt Rd.pdf Toney, Attached are two documents. The first document is titled Zoning Disclosure. Please sign and return. The second document is an EscrowAgreement. An escrow agreement is required prior to the demolition of the principal structure. Please sign and return the escrow agreement along with a check for$2,500. Please don't hesitate to contact us if you have any questions. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway : Orono � MN ; 55356 (physical address) PO Box 66 3 Crystal Bay ; MN ; 55323-0066 (mailing address) �' 952.249.4620 ; A 952.249.4616 � cmattson@ci.orono.mn.us ', � www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm From:Toney Williams [mailto:4tjwilliams.tw@gmail.com] Sent:Thursday, February 18, 2016 12:58 PM To: Roger Peitso <rpeitso@ci.orono.mn.us> Cc: Christine Mattson <CMattson@ci.orono.mn.us> Subject: Re: Demo Permit Hello Christine. I don't believe I received an email from you yet regarding the escrow agreement for demolition. If you could get it to me today, I would be very appreciative. I'd like to get the deposit to you today if at all possible, as I'll be out of town tomorrow through the weekend. Thank you in advance for your assistance. Toney Williams Sent from my iPhone On Feb 17, 2016, at 10:04 AM, Roger Peitso<rpeitso@ci.orono.mn.us>wrote: Christine, Would you please send Toney Williams an escrow agreement for a demolition permit and he also wanted to know what form(s) of payment are acceptable. 1 Thanks, City of Orono Roger Peitso Building Official City of Orono Phone: 952-249-4600 Direct: 952-249-4625 Email: rpeitso(a�ci.orono.mn.us Fax: 952-249-4616 � �-ON��. :�' ;.� � �� , , ,' :,;R�`��,F+S�Y..�! Z ESCROW AGREEMENT DEMOLITION PERMIT# AGREEMENT made this day of , 20 , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and ("Owners"). Recitals 1. An application for a demolition permit has been filed for the principal structure located at 1735 Fagerness Point Road ("Subject Property") legally described as , Hennepin County, Minnesota. «A„ 2. In conjunction with the demolition, erosion control measures are required as shown on attached Exhibit NOW,THEREOFRE, 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 (including planning, engineering, or legal consultant review) the City has incurred to assure that the erosion control measures are installed and maintained so the property complies with 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. If compliance with the approved Land Disturbance Permit is not accomplished within the allowable time period, the City may bring the project into compliance by use of the security. 3. RIGHT OF ENTRY. The Owners hereby grant the City, its agents, employees, officers and contractors the right to enter the property to perform all work and inspections deemed appropriate by the City in conjunction with the required erosion control measures, including but not limited to constructing or completing any and all of the agreed upon improvements should the Owners' contractor not complete those improvements by the date specified herein. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs,the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, 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. Any remaining amount of the financial security deposited with the City for faithful performance of the plans and specifications and any related remedial work will be released after the completion and inspection of all such measures and the establishment of final stabilization for the Subject Property. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 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: CITY OF ORONO OWNERS: By: Its: Internal Use Only: �Original to P(anning Department �Copy to Street File 0 Copy to Owner 150784 '� PRINCIPAL STRUCTURE DEMOLITION PERMIT �-oNG ZONING DISCLOSURE & DECLARATION y \; To the property owner: Demolition of the principal dwelling structure on a property may F�,��4F��E�; automatically terminate certain rights which may have accrued to the property by virtue of the ___ _ continued existence of that building. This means you may give up some or all of the zoning rights currently associated with the principal structure (setbacks, hardcover, size of building, etc) with its removal. • Rebuilding on a substandard lot of record (i.e. a lot that does not meet the zoning district required lot area or width standards) may, with few exceptions, require variance approval by the City Council, and such approval is neither automatic nor guaranteed but requires that a practical difficulty be demonstrated. • Additionally, all current zoning standards will have to be met by the new principal dwelling including setbacks, and building footprint, hardcover (impervious surFace), & height limitations, etc. • Where municipal sewer is not available, provision of two (2) conforming on-site septic treatment sites is mandatory for a new dwelling. • Unless specifically approved by the City, all seasonal and permanent docks must be removed at the time of principal dwelling demolition. They may not be re-installed until a new principal dwelling has reached the framing stage. The following information is presented for the purposes of advising the property owner of the implications of removal of the rinci al dwellin on the ro e 1. Property Address: 1735 Fagerness Point Rd PID# 17-117-23-22-0034 2. Zoning District: LR-1C Required Lot Area: .50 acre Required Lot Width: 100' Shoreland? Y N Actual Lot Area: .89 acre* Actual Lot Width: 25'* *According to Hennepin County's website Lot area variance is is not required. Lot width varianc is is not required. ** ** Unless Code Section 78-72, Lots of Record can be met 3. Required Setbacks: Front 30' Rear 30' Side 10' Side Street 15' Lakeshore Lot: Lake (Front) NA Street (Rear) NA Average Lakeshore Setback: must be me is not a licable. 4. Massing &Lot Coverage by Structures limited to 15% of lot area does not applv (lot area > 2 acres 5. Hardcover limitations: Are NOT applicable— - Are applicable *** Stormwater Quality Overlay District Tier: 2 4 Tier 2 hardcover limit = 30% of gross lot area *** Unless City Code Section 78-72, Lots of Record can be met 6. Municipal sewer is available. 7. No wetlands(s) present. The undersigned property owner hereby acknowledges receipt of the above information. Staff Initials GM Property Owner's Signature Date (Original: Street File; Copy: Property Owner) Created: Apri12013 Last Updated: 1/30/2015 Sec. 78-72. - Lots of record. (a) A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the register of deeds or the registrar of titles for Hennepin County prior to January 1, 1975, and after approval by the council if required. (b) A lot of record located within an R (Residential) or RR (Rural Residential) district but not within the Shoreland Overlay district, RS Seasonal Recreational district, or any of the LR-Lakeshore Residential districts, which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that in the judgment of the council or administrative approval by the planning director, such use does not adversely affect public health or safety and the following requirements are met: (1) In R districts of one acre or less and served by public sanitary sewer. A lot of record existing upon January 1, 1975, in any R district of the city of up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this chapter as to area or width only, may be utilized for single- family detached dwelling purposes without council approval if all other requirements of the underlying zoning district are met, including but not limited to required yards, setbacks, lot coverage by structures, hardcover, etc. However, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions so as to create a lot meeting the requirements of this chapter. (2) In R or RR districts of greater than one acre and served by public sanitary sewer. A lot of record in any R or RR district in the city in excess of one acre which does not meet the requirements of this chapter as to area or width only may be utilized for single-family detached dwelling purposes by administrative approval if the planning director finds that the following conditions are met: a. It is at least one acre in size, and the average width of the lot is at least 100 feet; b. It is served by public sanitary sewer; and c. It otherwise meets the requirements of this chapter or other applicable Code provisions. (3) In R or RR districts not served by public sanitary sewer. A lot of record in any R or RR district in the city not served by public sanitary sewer must meet the area and width requirements of this chapter and shall not be utilized for single-family detached dwelling purposes without council approval. Administrative approval may be granted for a lot of record not meeting the lot area and width requirements if the planning director finds that the following conditions are met: a. The lot area and lot width each meet at least 50 percent of the district standard. b. Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. c. All other zoning ordinance requirements must be met, including but not limited to the following: 1. Setbacks. 2. Hardcover. 3. Lot coverage by structures. 4. Accessory structure requirements. (c) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS Seasonal Recreational district, and any of the LR- Lakeshore Residential districts, that does not meet the requirements of this chapter for lot size or lot width shall be subject to the following regulations: (1) A nonconforming single lot of record may be allowed as a building site without variances from lot size and width requirements, provided that: a. All setback requirements can be met; b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and c. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. d. All other zoning district standards can be met. (2) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: a. The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; b. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; and c. Impervious surface coverage must meet all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover must not exceed 25 percent of the entire lot area; and d. Development of the lot must be consistent with the comprehensive plan. (3) A lot subject to either subsections 78-72(c)(1) or(2) remains subject to the hardcover restrictions of this chapter, as follows: a. Where the hardcover square footage allotment as calculated based on the assigned tier exceeds 25 percent of the entire lot area, hardcover shall be limited to 25 percent of the entire lot area. b. No portion of the impervious surface square footage allowed shall be placed within in 75 feet of a lake OHWL or tributary bank, except for those items normally allowed in such location as regulated elsewhere in this chapter. (4) A lot subject to subsection 78-72(c)(2) not meeting the requirements of subsection 78-72(c)(2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (5) Notwithstanding subsection 78-72(c)(2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (6) In all variance requests, zoning and building permit applications or conditional use requests, the property owner shall address, when determined as appropriate by the city engineer or city staff, stormwater runoff management, reduction of impervious surfaces, setback increases, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (7) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (Code 1984, § 10.03(6)(A); Ord. No. 9 3rd series, § 1, 5-24-2004; Ord. No. 92 3rd series, § 1, 3-26-2012; Ord. No. 95 3rd series, § 1, 10-8-2012; Ord. No. 108 3rd series, § 1, 7-8-2013) _ _ _ _._ . _ . � � ` ` ��."�� '' •� �, -� � �--� � � s , ,� �;, ,�.,.t �;� �'�, � ,, a .� 3 � � � �- . � . � , z� — � � �,� �4 �s� A'� 4"�• . R � .,�'" y� . "+� , wI '�i �� , �h* /� � •O\ , �� ` . . , . . . �. - �. � � . �' _ * � e, . , n . - , � .} ( �. � � F � a . . � ; �. f ' .�'�. . �:i5 y'� "�€�*i '1R . .'"'� +, n �e ' .. e,. _ � �w4; I/ - �� _ : °�. ., �. , � � �- ��J � � `� j N ` �.��. . . _ ..,. �..�. �� ...$+ "'�, ` �/y��,�y, �� .� � � � '�., : a" .��i � � �# vwrY'�/ �� '� : ��KK � �" ^� r '. ' s�' ' .� ' ��. e � s �= . :: i ,. s 1 ,.,�.. ` '� � � .. # � � \� G,- ' ��. r. a € � .♦� . . �, s,x(� � R .- . � �.-�: ��. . � � � `� � � r" '°� '�� ' � �__.��' ��, ra• �� '1�` ° � ��.�kftHORt , � � . �r. �''"*•• ., �:� �- '' '� , - " " - � ,� ;r 5 4 b . "� :r � ` � Y - .• � ^o . �.y� i h P , '. :� - T�� \ � i �� ` �'� .�� ' �� yiy 4! . � �.. •Y f^, ...M� ��3 � �"`* � �A�y"_�,y.s k ,.} '� . 'r4 rt �p. +C".& . _ if .. � � � � ' i '� y � � � L �� . , a �_.� i � z � r .. �`�_•"�` � � �.� �, -� * �- _ .Y, ��t gend �4`� > . . .N y� � ,�`y� { � Q x r �€ , �� .`i�L + - - ' Railroad .. . y.� � �' �� ' , w� . a . ,„ r ,, . y s M �.. � w� ,, � . � � � , � . �I +O City Lilmits � ��r i.. � _ �,` . - 1,. � ��`� � � � �:�,�,� Parces(2-1-2016) , ��*- � .. �. � e,., x. �' ��' s Wetlands �� « �, : �� 'k�€- ; �-. K -� � ��t� '�e =�� . �� "• �.� II � Preserve-50' � . �r " .� x,� s ;��'�°�"� . �',�e � t � � I Ma g 1-35 r � � � + ' xt -:��.'' a �LL � � �a na e �,� �. `�,a,.f . �. �:. `� �. �w `�� ' . ��.:4� . � _ ._� .Y� , � Manage2-25' $� �m .r�' � �, y� ��, f p�'' � -.7 Manage 3 16.5' ,nry �£��Y�� .. � ��r y�w �*�, � - �� ,�w � Unclassifed .`s . , '1' '� , " `, ,. *� � d'� y� � � �� ""�' Lakes&Ponds �,, �y, ��'� '°r �" r'y�o � ��„ �.• �� . ..�-�.. .�r r w� . �� '� � . �. .i �,e�. . . , .. ,� . k� . .y, �.< �,��' . � - ,� � � . �, , . : >: � _,_�� f �� . � q ��. ff '}, . � , ' � , , „ � , . . � , � , ; . � � � ,,� _ ., e y . � � , . �� R �: � '. , `i � �� _ � y4J ��'rA. �4�` . II, . ,.: � , .. , , ;� -� ' `�. � � � , ,,� _ �._ �'S _ , �^� . r a � ,� ,*.. �.'�� ..^,tY d�'^'4� "ic�tP � .'rt- ��^+5'^ ��i � -a. � s `a � a, �,� �'�.� :�{� .. . `y'°,",y., `��` ��i 's ' :`x. , �.- 9,� �', � � �7► ,• . ;' • ." . . � n e .. �,�"` - � � � � : y, „� �; - ' � a #��'� . . ��;� � � #' �� k. �� ,,.. L_� ��;�'�' I � �,'�3�' � ° ' � ��` �° ^�� y &' ��yy � II W „ + , � 5 , , �, , Y � ;� �y . _.�, ; � p. � , . , . . ,� . - _ -� . . A" .. ; . z �- z. ; �. � � ,� � J _ E �� "� ��w' � � �� s�. ��A�G RNESS� ��a . x�� , .. , .� �, � . ,.f . y , .��. . . � � - � ' �x O/ - : - : ♦ � � _ � P �. .N.�T�RD .�:a 3��- � � . . .��. " �`� �` �°+��,'� ; � �" _,�'''` /:M�'.�,' � . . �.� — -�.�- , ,� s - _ . • °° � �v � � � • �# - , 1735 Fagerness ¢ .. . � . � , �, '�. , .�i��; b E . ,- � � � � � � "� Point Rd � ,, y ,��;�°. �� ..,, � . � � �.. � �` ,�.. R ., `� x d *�'.�- !� � ��^ '�'�.'k �fi,� . , � = r o�:�iaim« f his drawing is neither a legally recorded map nor a uney and Is not intentled to be useE as one.This drawing is a mmpilation o(records,information,and data 0 79 Feet e lo u ced in various ciry�counN,and state oKces,and other s aftecting the area shown,and is to be used for reference purposes only.The Ciry of Orono is not �O Bolton&Menk,Inc-Web GIS 2/18/2016 1:42 PM �,<��<�ni>r�.,��a«��.,��.<tiP.P��r,��.n -' Hennepin County Property Map Date: 2/9/2016 y � . '�' - �"�s. .7�' . - �� , �r � .. ,�� S- R t ��Tv '�4r'i . . � � , �*�Y . .''� �i � �'� -�r ¢ �. . ��N� � '�" . �`�„'s `J.,... ,f�l.. .a�� I - ` �� " �{�� `'(� a,� � yr ��, ' ' J K '�� =� -r' , ,�... . .. ,. � < � t �;;�•. • . � . . ,� _ ,.. , _ . . . . ., x� .--• - '�' ^ �.y.�'_'S, , _ q l� ! �k I '�-, 'y��.,." 1.' . e � ` ��_ , _' a _,'_,�,-�„.... .� � ' ICr��+ �. d��+9�. �' � �' . � ._ r • .. . - • � - ' et , , � e �" 4 , .�� r ' �,.... a� ,- � ��5 : � X' �� ..��+ �� i - � ' �� . . q . . - y - , .,'X , � �i�i .�, �s �� . , _ .< �. � � �� - �ti �� # � � h .. �' + .,,� . .�p�� +``. „�+ - L.,. *�� u `' .- �� .� ""� , �, y , �•� . ; .w� �g� t4 I 1 l. �. ., t . . r . . . �?� _ - �* :: .:� � ti _ . r ... i. - � .: .��- r' " ,3+R.€ `�?r r � � � '� , , . � A ,y - .. . ., _ �y,, . . '�`y�a,. .. � , i�"r . «.. , M ., . a,. :�� t.. � .i y� ��.4 ,� ` r� �. +'- ��'*� � • '�, . �a�_� u� w ` ' � �� i � ^� ` .� � �1r �f ��i •i. 1 _'.j, � � � M� r . ... �`e � ' _ .�� .��WR.. �S� �+:y � �!r_ ' �'* „ � �_ _ `l�:1[_. . . �t_ k+ _. . ��,°'R��` . �,�'- �� . ..��- 3,�.: . _ e�,,,,.�� --��: �. � ..� ,: -4 ;' ��x:,� � :� 1�. � �;c ., .� a .� �� .: . ._ < . � _ . u * p �� - ',� r.. ``� '" < ,.,+�;.�.�,�. _ . ,,,��.,ti r f _ � � o. ■`�g� +iF 74"*"':R'- ��t` - � ��:� ` . ��' #iF� �.ri h.�'�.� �'*e```.,;'wi�" � 2-�A'� _ '^� ~�... " g "'.,�..4�e`' v`.��.p.. � .. :. Jwilr- a r�y1 �{ ,� \� � . . ! . ' 'I �.�, �.� �IY' +�ul'.1' .. . . �. r . I .. '' _ � '-' '�- •� . � ' � �.� �� -a < < , ti - �^'�. _ ] � �F' '�:'r��.,.� °"i"E".`- - Z,;' ,5;4, �, � t� �" .,�,��-".�- L � . ',.� �F.�l1 , � � �.; �7 * . �. ` A,�"s j��„ j*'� . /" r ... ._ .. � '. 4„# � °+• � r 'f,. • i . ". �..• a �� { 1 � •�� f ..LF � . P: .. ��{''. ' �~�`"' •. J.d � .{ 4E�:j�� -.`. }. ! ;�. ;.. .'�. Q,4 � t � r � f� ''� . �}� �,.. _� �� .e K��. , +'_ � . {` . . �,� . �� , ` ,�f • -�C ��.a� d„r�:; - ' w y�'►r � °' . -. ,X ,�/f.:+� ' 'A. . µS,�.� •„. ',# . ,�i � y .. ' � t r f t. `�3s. � 'Yr"'ty' r;a�. � ,,� . , . g�}:. n�� _ � •' �,� . . �f� 1 inch = 100 feet PARCEL ID: 1711723220034 Comments: OWNER NAME: Toney J Williams PARCELADDRESS: 1735 Fagerness Point Rd, Orono MN 55391 PROPERTY TYPE: Seasonal-Residential Rec HOM ESTEAD: Non-Homestead PARCEL AREA: 0.89 acres, 38,970 sq ft A-T-B: Torrens MARKET VALUE: $314,000 This data(i)is furnished'AS IS'with no representation as to completeness or TAX TOTAL: $3,587.00 accuracy;(ii)isfurnished with no warranty of any kind;and(iii)is notsuitable fir legal,engineering or surveying purposes. SALE PRICE: $50,00� Hennepin County shall not beliable forany damage,injury or loss resulting from this data. SALE DATA: 01/1976 COPYRIGHT �OHENNEPIN COUNTY 2016 SALE CODE: