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Home My WebLink Aboutvarious memos/letters re property Melanie Curtis From: Evelyn M. Turner Sent: Friday, April 23, 2010 2:08 PM To: Christine Mattson Cc: Melanie Curtis Subject: Cleaninig up the back page of the sheets Delete Bazil on ivy Place and Schumer on Tonkawa Road. I put notices in file to not issue permits until items are resolved. Bazil may be wanting to build another garage stall. If we go that way on the boat trip we can take some photos and start over. Delete Aero sign as resolved. Still thinking about what to do th Kenwood Place an 1780 Shadywood Road. ET S �,{f�'��, ' ,�J �� °� �� ° � . � � �s�' c _ �,''�� U�° S,/L`� � ,Or � � V�- � Melanie Curtis From: Evelyn M. Turner Sent: Friday, April 23, 2010 2:39 PM To: Melanie Curtis Subject: RE: Cleaninig up the back page of the sheets yes From: Melanie Curtis Sent: Friday, April 23, 2010 2:24 PM To: Evelyn M. Turner; Christine Mattson Subject: RE: Cleaninig up the back page of the sheets Kenwood place....? I think we had come to some sort of resolution. Maybe its due for a follow up letter. is that the wetland buffer violation? Melanie Curtis � ? 952.249.4627 � mcurtis@ci.orono.mn.us From: Evelyn M. Turner Sent: Friday, April 23, 2010 2:08 PM To: Christine Mattson Cc: Melanie Curtis Subject: Cleaninig up the back page of the sheets Delete Bazil on ivy Place and Schumer on Tonkawa Road. I put notices in file to not issue permits until items are resolved. Bazil may be wanting to build another garage stall. If we go that way on the boat trip we can take some photos and start over. Delete Aero sign as resolved. Still thinking about what to do with Kenwood Place and 1780 Shadywood Road. ET i Melanie Curtis From: Melanie Curtis Sent: Wednesday, July 22, 2009 3:53 PM To: Bill Wells Subject: RE: 2175 Kenwood Bill I just spoke with Andy Sisler. He was very happy to speak with me. I am going to provide him with the information he has requested and we are going to set up a meeting in the next couple of weeks to go over steps to get the property back on track. I apologized for the "heavy handed" use of the attorney in the letter and he thanked me for that. Melanie Melanie Curtis � ? 952249.4627 � mcurtis@ci.orono.mn.us From: Bill Wells Sent: Wednesday, July 22, 2009 3:09 PM To: Melanie Curtis Subject: RE: 2175 Kenwood Thanks......Please send me a memo if Mr. Sisler does call you back today so I can include it with the information sent to the Mayor! From: Melanie Curtis Sent: Wednesday, July 22, 2009 2:07 PM To: Bill Wells Subject: 2175 Kenwood Bill I located Andrew Sisler's phone number(471-0128), he was not at home and I spoke with his wife. She said she would pass the message along and Mr. Sisler would call me back this afternoon or will get in touch with me Monday when I return to the office. 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: mcurtisCu�ci.orono.mn.us Website: www.ci.orono.mn.us 1 . , Christine Mattson From: Christine Mattson Sent: Wednesday, July 07, 2010 9:34 AM To: 'bkeenan@buildersfinance.com' Cc: Melanie Curtis; Evelyn M. Turner Subject: FW: 2175 Kenwood Attachments: admin_ci_orono_mn_us_20100707_101040.pdf Mr. Keenan, Attached is a vendor history report from our Finance department showing that two checks were issued to Builders Development & Finance, including dates and check numbers refunding the escrow of$4,000. If you have any further questions, please don't hesitate to contact us. Christine Mattson 952-249-4620 From: Bill Keenan [mailto:bkeenan@buildersfinance.com] Sent: Tuesday, June 29, 2010 12:05 PM To: Evelyn M. Turner Subject: RE: 2175 Kenwood Although our system is not set up for these types of deals, I believe we escrowed $4,500 in 2008. I sent an email to you in September of 2009 requesting a refund and received $2,500 later in 2009. I am not sure if we ever received the other $2,000. If we did, please let me know when it was sent to us as we have consolidated offices in the past year. Sorry to be a pest. Thanks Bill Keenan From: Bill Keenan [mailto:bkeenan@buildersfinance.com] Sent: Tuesday, June 29, 2010 9:36 AM To: Evelyn M. Turner Subject: 2175 Kenwood Dear Ms Turner, We request a refund of our remaining escrow for this property. Our new address is 2121 Cliff Drive, Eagan Mn 55122 Suite 115. Thank you for your cooperation in this matter. Bill Keenan 1 City of Orono Vendor History Page: 1 Transaction Dates:1/1/2008-7/7/2010 Ju1 07,2010 0926AM Report Criteria: [Report].Name="BUILDERS DEVELOPMENT&FINANCE" Vendor: 105008 BUILOERS DEVELOPMENT 8 FINANCE Totals Cat o Re Dates Year to Date Prior Year 217 Dean Avenue East 1099 Amount 00 00 00 Champlin,MN 55316 Purchases 4,000.00 00 1,500.00 Phone: Adjustments 00 00 00 . Contact: Payments 4,000.00 00 1,500.00 Activation Date: Discounts 00 00 00 Termination Date: Discou�ts Lost .00 00 00 Terms Code: Open Terms ' Default Description: Date Number Amount Standard Gl Acxou Venda Type: Nortnal Last PO: 01/01/0001 00 Rating: Last Invoice: 11/13/2009 111309 1,500.00 1099 ID Number: Last Check: 11/24/2009 91282 1,500.00 Balance: 00 Invoice Detail Invoice Invoice Seq GL Type Input Date DescripGon Amount Payment Check GL Account 1099 Type Date Number Period Due Date Number 10/14/2008 10l08/08 1 10/OS Invoice 02/02/2009 paRial escrow refund 2175 Kenwood 2,500.00 10/14/2008 89855 101-22205 None Way 11/13/2009 111309 1 11/09 Invoice 11/18/2009 partial escrow refund 2175 Kenwood 1,500.00 11/24/2009 91282 101-22205 None Way Check Detail Check Date Check Seq GL Type Input Date Amount Invoice Inv Invoice Descnption Bank GL Account 1099 Number Period Number Seq 10/14/2008 89855 1 10/OS Calculated 02/02J2009 2,500.00 10/08l08 1 partial escrow refund 2175 Kenwood 1 101-22205 None Way 11/24/2009 91282 1 11/09 Calculated 11/20/2009 1,500.00 111309 1 partial escrow refund 2175 Kenwood 1 101-22205 None Way PO Detail Christine Mattson From: Melanie Curtis Sent: Tuesday, June 29, 2010 3:06 PM To: Christine Mattson Subject: FW: 2175 Kenwood Ne1�►nie Cur fiis � `�' 952.249.462T ��cur�jsPci.orono.r�r�a,�s From: Evelyn M. Turner Sent: Tuesday, June 29, 2010 12:33 PM To: Melanie Curtis Subject: FW: 2175 Kenwood More info From: Bill Keenan [mailto:bkeenan@buildersfinance.com] Sent: Tuesday, June 29, 2010 12:05 PM To: Evelyn M. Turner Subject: RE: 2175 Kenwood Although our system is not set up for these types of deals, I believe we escrowed $4,500 in 2008. I sent an email to you in September of 2009 requesting a refund and received $2,500 later in 2009. I am not sure if we ever received the other $2,000. If we did, please let me know when it was sent to us as we have consolidated offices in the past year. Sorry to be a pest. Thanks Bill Keenan From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us] Sent: Tuesday, June 29, 2010 9:37 AM To: 'Bill Keenan' Subject: RE: 2175 Kenwood I think you dealt with this while I was gone. If not let me know and I'll figure it out. From: Bill Keenan [mailto:bkeenan@buildersfinance.com] Sent: Tuesday, June 29, 2010 9:36 AM To: Evelyn M. Turner Subject: 2175 Kenwood Dear Ms Turner, We request a refund of our remaining escrow for this property. Our new address is 2121 Cliff Drive, Eagan Mn 55122 Suite 115. Thank you for your cooperation in this matter. Bill Keenan 1 MEMORANDUM DATE: 221u1y 2009 TO: Bill Wells,City Administrator - FROM: Melanie Curtis, Planning&Zoning Coordinator RE: 2175 Kenwood Way A building permit for a new home was issued in April of 2006. The home was constructed without variances. In March 2006,Staff sent a letter to the builder identifying further information needed prior to issuance of the building permit; a wetland buffer restoration & landscape plan was one of those items. Along with the issuance of the building permit an acknowledgement was signed by the buitder(also the owner)on March 3, 2006 agreeing to establish a wetland buffer and protective covenant as a condition of the building permit. On May,23 2008 a seeding and management outline was developed by Prairie Restorations, Inc. in conjunction with Svoboda Ecological Resources at the direction of Bill Keenan of Builders Development& Finance, Inc.,the new owner of the property. The City received the signed Grant of Permanent F/owage and Conservation Easement and Restrictive Covenant for Wetland and Wetland Buffer on May 29, 2008 and it was filed with Hennepin County on September 25,2008. It appears all final inspections on the home were passed on May 28, 2008; a Certificate of Occupancy was ready to be issued. The Certificate of Occupancy was issued upon receipt of the above documentation on or about May 28, 2008. In June of 2008, Mr. Keenan submitted a Buffer Improvement Escrow Aqreement and an escrow check in the amount of$4000 to the City. Also on May 28,2008,the neighbor, Clair Rood was sent a letter informing him of the buffer area restrictions and requesting that he no longer mow the vegetation in this area. An informational letter stating the same was placed in the street file. In August of 2008 the City's wetland specialist inspected the buffer and it was noted that it had been established and was growing according to the plans In June of 2009,the City's wetland specialist noticed that the required buffer on this property had been removed and turf grass installed in its place. Staff sent a letter notifying the current owner of the requirement for the buffer. Additionally,the owner was notified about the existing easement and covenant for the wetland buffer. Staff included the approved plan with the letter to the current owners(this letter is attached). The buffer removal in this instance could be monitored without actually entering the site. Had entry on to the property been necessary staff would have contacted the homeowners—either by phone (if we had that information)or by knocking on the door at the time of inspection. Page 1 of 1 Evelyn M. Turner From: Evelyn M. Turner Sent: Monday, June 02, 2008 11:49 AM To: 'Bill Keenan' Subject: RE: 2175 Kenwood - One more document. I have the escrow and the agreement. You will receive a copy and receipt in the mail. The Ciry Attorney wants a right of entry from the buyer. Our thoughts were that we will send the CO and the right of entry to the closer. I would need an email from the closer indicating s/he would do this and send us the right of entry with an address of where to send the documents. I will send the documents priority mail. If I have the info by 2:30 it will go out today. I somebody gives me the buyers' names it will be one less thing to fill out at closing. It may be the next door neighbor who was maintaining the area below the retaining wall; he called this morning. I explained what buffers do, that the area wouldn't be any wetter than it is now, and that it shouldn't be a patch of weeds. He said the area sprayed extends farther into the wetland than the property line. Evelyn Turner From: Bill Keenan [mailto:Bkeenan@buildersfinance.com] Sent: Monday, June 02, 2008 9:12 AM To: Evelyn M. Turner Subject: 2175 Kenwood Dear Ms Turner, I dropped off an executed buffer escrow agreement along with a check for$4,000 earlier this morning. I believe your building inspector approved the remainder of the punch list last week. I would like to get a copy of the certificate of occupancy by Wednesday. Is this possible? Thank you for your help in this matter. Bill Keenan 6/3/2008 . , . ., � O� O, O � =� CITY of ORONO � ,� �;�� ,�� . ,', ` �'�;� ,�ti Municipal offices � �� G �.� �'��I,��k�ai� .� Street Address: Mailing Address: `�fE+g�g0 j 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 553P3-0066 July 8, 2009 Andrew and Roberta Sisler 2175 Kenwood Way Wayzata MN 55391 Dear Mr. and Mrs. Sisler: A requirement when your house was built was for the contractor to create a wetland buffer over the non-wetland portion of the property below the retaining wall and to grant the City a conservation easement over this area and the adjacent wetland. This requirement was actually taken care of by Builders Development and Finance and the wetland buffer vegetation was growing nicely in August, 2008. But about a month ago the City's wetland consultant noted the buffer vegetation had been replaced by turf grass. This is a violation of City Code Section 78-1605(g) and of the conservation easement (see item 2 on page 2 of the enclosed copy of the easement). Please restore this area according to the enclosed plan before October 5, 2009. Failure to do so may result in the initiation of legal action that will require your appearance in district court. If you have any questions or wish to have a different restoration plan approved please contact me. Sincerely, vel Turner � City Planner 952-249-4623 eturner@ci.orono.mn.us cc: Prairie Restorations,Inc. certified letter number 7002 0510 0001 6306 1329 (also sent by regular mail) bCc. '� J�hn S►-,1yN�C13��s�� q�{ ew�.��1 Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us . � �: � .. . n- ru m a � Postage $ �• �I GF�Y S Tq� O m � ,,,p Certified Fee � � ' � GPostniarK �,L � Retum Receipt Fee � '3O �__j,ere � p (Endorsement Required) tr � Restricted Delivery Fee N� � �j (Endorsement Required) �Gj � Total Postage&Fees $ �i J I £Z tl'1 ---� p Sent To --------------- Andre« and Robcrta Sislcr -- - fLl Street,ApL No.; i 0 0�Po BoX rva 2 U� Kcn��ood Wa�� o ----- -- - � crty state,ziP+a �l��at�l MN »391 � . . . . . . ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Ad ressee so that we can return the card to you. B. Received by(Printed Nam C. te of � ■ Attach this card to the back of the mailpiece, or on the front if space permits. � D. Is delivery address different item . ❑ es 1. Article Addressed to: If YES,enter delivery address below: No � Andre��and Robcrta Sislcr � �17� Kcm�ood Wa�� Wa�zata MN ��;91 s. serviceType ' L�Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(E�ctra Fee) ❑Yes 2. ArticleNumber 7p02 0510 �001 63�6 1329 (rransfer fiom service labelJ PS Form 3811, February 2004 Domestic Retum Receipt io2sss-o2-nn-isao C D Andrew Sisler ,�^�""�"*�� ,. �..� � 2175 Kenwood Way ��#��t�3�:..��:::�;._��:, �*3�=� :��i ��,;,,�,„� . - � ,,� Orono MN 55391 �`��' .+tn�'a'°" �".'"� � � . � � .� ... ,y ,_ ^W4.q�,.-: � .�� . � .. .:. .. ... .. . .:. . ..._ . ..,... .,.:_�: , ' :;,.IA c.�,� ...t"t..34 "`.'A..�l i'yP f t�"� .:.5 �..: ,� "l,=�.,.r.�,.., ,�. �,:.l,> .a+''"'�,,,..,,�„� R�G��v�� J�` 2,�,��p� O�OR0�.10 G�-C( Ms Evelyn Turner City Planner for the City of Orono Orono Village Hall 2750 Kelley Parkway � Crystal Bay MN 55323 �� - � �''• l�i�l��l�l��ril��i�l��ll��i�l��ii�ll��tli�„�i�l�fi��>>�isl! _ _ _.�..:..:r�.�.:�___�_ , . r R��Fi Ms. Evelyn Turner J(/� �� C��'1- ?�2��9 City Planner O�c� RpNO City of Orono Dear Ms.Turner, I am in receipt of your letter date July 8, 2009. As a new resident of the City of Orono, and in fact the state of Minnesota, it is disappointing that the first and only communication I have received from the City is a letter written with the tone and tenor of yours. A visit or even a phone call may have been a courtesy that perhaps your schedule doesn't atlow for. You mention in your letter that vegetation in the backyard of my property "was growing nicel�' in August of last year. Either you were misinformed or the situation changed dramatically before I inspected and closed on the property in late November, and as the spring growing season began this year. Again, it is unfortunate that no one physically took the time to spend looking at my property this spring and to speak with me about my concern for the watershed area I own. I could have certainty pointed out the dismal shape of this area in question and outlined the time, financial commitment, and efforts I, as well as my neighbors, spend preventing soil and nutrient erosion into the pond behind our homes. You state in your letter that pending, "...initiation of legal action...." is your course of remedy. I trust that the administration of the City of Orono, as weli as you your�eif, believes that is the last avenue that two parties take in a misunderstanding and certainly not a fiscally responsible method of conflict resolution. I share the City of Orono's philosophy of preserving our natural resources and open spaces. I wou(d like to speak with you about a superior alternative plan for my property. I will call your office to schedule an appointment in the near future. Regards, --,-.� + . A drew Sisler 2175 Kenwood Way Orono, MN 55391 �� City of Orono 0 � 2750 Kelley Parkway P.O. Box 66 � �' Crystal8ay, MN 55323 G (952) 249-4600 ��xa�'� Fax: (952) 249-4616 Date: April 25, 2008 To: John Smyth From: Evelyn Turner 952-249-4623 eturner@ci.orono.mn.us Subject: Review of Buffer Area — 2175 Kenwood Way (P09407)� The permit for this house was issued in April, 2006. The owner or the builder died before the house was completed and the property was foreclosed. The mortgage company has completed the house and wants a certificate of occupancy. There is a wetland on the rear of the property. It was delineated but the buffer plan and easement/covenant was delayed until the house was finished. ` Attached is a copy of the building permit sunrey and an aerial photo. Please take a look at the property. It's obvious the buffer doesn't meet the requirement— it's mowed grass. To me this is a good location for buffer averaging — make the entire area below the wall buffer. �o� o �. o ��'�� CITY of ORONO �� '�► �� 1 l� Municipal Offices 5 � �� '�� ; 'd;�' ' �G Street Address: Mailing Addross: � `�'g+gg04' 2750 Kelley Pa�kway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 May 28, 2008 Clair Rood 3280 Navarre La WAYZATA MN 55391 Dear Mr. Rood: As you have probably noticed the house at 2175 Kenwood Way is finally finished. You may have also noticed that the grass on the portion of the lot below the retaining wa11 has begun to die. Its removal is the first step in creating a vegetative buffer for the wetland. This is a code requirement when new houses are constructed on lots that contain a wetland. I've been told that when you mow your property adjacent to the wetland you also mow the portion of the 2175 property below the retaining wall. You should no longer do this as it would be a violation of City ordinances as well as the covenant that will be placed on this area. I have spoken with the surveyor who is working on the description of the buffer area for the covenant. We discussed making sure the property corners are in place and visible so you would not accidentally stray into this area. If should have any questions feel free to contact me at 952-249-4623 or eturner@ci.orono.mn.us. Sincerely, �,.,�� Evel n Turner City Planner Telephone(952)249-4600 • Fax(952)249-4616 www ci.orono.mn.us � O� ,� �� CITY of ORON4 a`� t ��',j�=� � �3 �� t-, A��;� �' ',�+� � �t, ..�� ,�ti � Municipal Offices ��9 �;;�� ;� g.�,�' Street Address: Mailing Address: $�+gg0 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323•0066 June 5, 2008 To Whom It May Concern: As you have probably noticed the house at 2175 Kenwood Way is finally finished. You may have also noticed that the grass on the portion of the lot below the retaining wall has begun to die. Its removal is the first step in creating a vegeta.tive buffer for the wetland. This is a code requirement when new houses are constructed on lots that contain a wetland. It appears that when the area around the pond is mowed the portion of the 2175 property below the retaining wall is also being mowed. This should no longer be done as it would be a violation of City ordinances as well as the covenant that will be placed on this area. Violators will be prosecuted. If should have any questions feel free to contact me at 952-249-4623 or eturner@ci.orono.mn.us. Sincerely, . . Ev lyn Turner City Planner Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us .�'I � �� , �� -��'�' � �� x olS Js ��'.�'`�y�' � �'� ��s ��. . � ��2n��5{�-� r� e 5:��''a,,ti.'�tln��/ � �-�7�y,�� q ll'�- -�� -�/ �2 _ � , o � ��i �� S Z�°� � f��/ /p��l �s /r�� -�� . _-__----_ _ __.__-� Evelyn M. Turner From: Smyth, John R [John.Smyth@bonestroo.com] Sent: Thursday, August 28, 2008 12:48 PM To: Evelyn M. Turner Subject: RE: 2175 Kenwood -wetland buffer Attachments: image001.jpg Hello Evelyn, I stopped by 2175 Kenwood yesterday. They have completed the seeding and performed the first mowing maintenance. They have two more maintenance trips in the next two years. It is recommended that your refund $2,500 of the $4,000 escrow. More can be released after the mowing maintenance is completed in subsequent years. The buffer is establishing nicely. )ohn Smyth Associate Tel 651-604-4708 CeII 651-775-5104 john.smythC�bonestroo.com � Banestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us] Sent: Tuesday, August 26, 2008 2:32 PM To: Smyth, John R Subject: FW: 2175 Kenwood -wetland buffer John: I seem to remember you said their escrow could be reduced once the seed took. If that's the case could you check it out. Since we have the escrow and escrow agreement I'll send them the CO. Thanks Evelyn From: Bill Keenan [mailto:Bkeenan@buildersfinance.com] Sent: Tuesday, August 26, 2008 11:34 AM To: Evelyn M. Turner Subject: 2175 Kenwood - wetland buffer Prairie Restoration has said the buffer has taken nicely. I would like to request our certificate of occupancy at this time. Thank you for your cooperation in this matter. Bill Keenan CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged,confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person.The use, distribution,transmittal or re-transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without 1 Memorandum �Bonestroo 2335 Nighway 36 W To: Evelyn Tu�ner Project: 2175 Kenwood Way oate: 5/9/2008 St.Paul,MN 55113 From: 1�hn Smyth Client: City Of OronO Te1651•636-4600 Fax651•636-1311 _ Re: Wetland Buffer Ordinance File No: 139-084Q0 www.bonesuoo.com - Remarks: There is an existing hame an the property located at 2175 Kenwood Way. One wetland exists within the property and is classified as a Manage 2 basin which requires a 25 foot buffer and 2Q foflt setback ftom the buffer, Buffer Candit+on and Requirements A site evaluation was completed on 5 May 2008 and it was determine�that the buffer is _ currently turf grass. Per Div. 3 Sec. 78-1605(2){a)turf grass is considered an undesirable plant species and will need ta be removed and replaced with native vegetation. It appea�s that required buffer area is below the retaining wall and if not buffer averaging can be done to insu�e all buffer is located below the retaining wall. The applicant will need to provide a ManagemenUlandscaping plan that includes the following: 1. Method of establishing native vegetation in buffer for areas that are currently turf areas.(MN BWSR Web Site—Publication: "Restoring&Managing Native Wetland and Upland Vegetation° source for options). � 2. Species praposed to be seeded or planted. According to the ordinance Div. 3 Sec, 78- 1605(3)the seed mix must contain at least 12 pounds(PLS)per acre of native prairie grass seed and S pounds(PLS)per aue of native wildflower seed. The grass mixture must contain a minimum of four species while the wildflower mixtu�e must contain a minimum of five species.(MN 8WSR Web Site—Publication: "Restoring&Managing Na�ve Wetland and Upland Vegetation" source for options). 3. A schedule of activities that are part of the management and maintenance for the establishment of vegetation in the buffer shalf be provided. Suroey Requirement� . The current suroey does not show the buffer. The location of the buffer wi►I need to be shown on the survey along with a legal description for the upslope edge of t�e buffer which is required to be submitted with the Restrictions and Covenants(see next page), � °� / o�� 0 �r ;,;,, ,� CITY of ORONO � , "��- �a ��-. !4 MunicipalOffices ti �.�9 �� .�G Street Address: Mailing Address: jfEgg04' 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 March 6, 2006 Anthony Thomas Homes Attn: Leonard David 4100 Berkshire Lane Plymouth, MN 55446 Re: Building Permit, 2175 Kenwood Way Dear Mr. David: The following items must be submitted or completed in order for a building permit to be issued for the property at 2175 Kenwood Way: 1) Revised Certificate of Survey showing that grading will not encroach within the 25' required wetland buffer. 2) On the Survey, revise the grading plan to show a swale that does not direct runoff from the house and driveway to the adjoining "Wallace Avenue"right-of-way. The City will accept a swale plan that centers the bottom of the swale on the northerly property boundary and directs runoff down the northerly lot line. 3) Provide a Wetland Buffer Restoration/Landscape Plan consistent with the provisions of Zoning Code Section 78-1605(b)(1) and (b)(3), and compliance with the provisions of 1605 (d), (�, (g) and (h)prior to issuance of a Certificate of Occupancy. A wetland buffer maintenance covenant will have to be executed prior to issuance of a C.O. Your written agreement to execute such a covenant is required in order for the building permit to be issued. A sample covenant is attached for your review. The City will draft a final covenant to be signed by the property owner. Please contact me at 952-249-4600 if you have any questions. Sincerely, � ,c ti_ �� "� ,.� ,,. ,. �� Michael P. Gaffron Planning Director Encl. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us [maintain 3" top margin] DECLARATION THIS DECLARATION ("Declaration') is made this day of , 20_, by , [marital status if individuals] ("Declarant"). RECITALS WHEREAS, Declarant is the owner of real property within the City of County, Minnesota, platted and legally described as: [legal description] (the "Property") and no one other than Declarant, [name additional parties executing declaration of Consent and Subordination], has any right, title or interest in the Property; and WHEREAS, the Property constitutes the entirety of the land to which Minnehaha Creek Watershed District Permit # applies; and WHEREAS, Declarant desires to subject the Property to certain conditions and restrictions imposed by the Minnehaha Creek Watershed District as a condition to issuance of their Permit # for the mutual benefit of the owners of the Property. NOW,THEREFORE,Declarant makes this Declaration and hereby declares that this Declaration shall constitute convenants to run with the Property in perpetuity, and further declares that the Property shall be owned, used, occupied, and conveyed subject to the convenants,restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives, and assigns. 1. Wetland Buffer. The wetland buffer, measuring_feet in width at all points surrounding the wetlands as delineated on the site plan for the Property attached hereto and incorporated herein as Attachment A, shall be maintained by Declarant in perpetuity free from mowing or other vegetative disturbance, fertilizer application, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffering flows into the wetland. 2. Street Sweeping. All streets and public ways within the Property shall be swept at least twice each year, in the spring following snowmelt and in the fall after leaf fall. 3. Stormwater Facility Maintenance. The terms of Attachment B, incorporated herein, shall apply to the stormwater management facilities indicated on the site plan for the Property attached hereto and incorporated herein as on Attachment A, identified as follows: [list stormwater management facilities] 4. Swales and Pervious Areas. 5. The recitals set forth above are expressly incorporated herein. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANT: By: [name and representative capacity, if applicable] STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_by � (2) A concept plan showing the ultimate use of the property; (3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County coordinates, with appropriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; (5) Such other information as may be necessary or convenient to evaluate the proposed permit; and (6) A MnRAM assessment approved by the MCWD. ---- a---- . - �,,�...�_.__...�_�__.�..,,. �,,,�,,.,,,.�.....,....��...�...� __._..�.�r �. � -_ ,..._ Sec. 78-1611 Public Control of Wetlands. (a) The City Council may require that the owner of any property affected by this ordinance must esta.blish wetland and buffer area easements or restrictive covenants to be recorded within the property's chain of titl.e. These easements or covenants must + describe the boundaries of the wetland and buffer area; document the obligations of the � property owner with regards to the wetland buffer; and prohibit any building, paving, � mowing (unless approved as a buffer management plan), cutting, filling, dumping, yard waste disposal or fertilizer application within the wetland and the buffer azea. The owner � or developer must record these easements or covenants with the final plat, with deeds � from a lot division or, if no subdivision is involved, before the City issues a grading permit or building permit for an affected property. The applicant must submit evidence � that the easement or covenant has been submitted to the county for recording. (b) If the City Council does not require an easement or covenant,the City may � record a notice of the wetland and buffer area requirements against the property. The property owner must still comply with the requirements of this section. Sec. 78-1612 Wetland Buffer Markers. When new development or redevelopment results in multifamily residential or a business use, the developer must place markers at the upland boundary of the wetland buffer edge at least every two hundred feet, subject to City approval. The developer must submit a location plan in hard copy format and a CAD or GIS format in Hennepin County coordinates and must use uniform markers provided by the City. The City will charge a reasonable cost for the markers and approve the location of the markers prior to installation. Page 15 of 22 Sec. 78-1604 Interpretation of Wetlands Boundaries. Whenever a wetland boundary is disputed or uncertain, the Planning Director may require the submission of a registered survey of the property and field staking showing the city-designated wetland contour or a delineation of the wetland, and such other information as the director may require in order to resolve the dispute or uncertainty. The Plamiing Director may require review by City consultants or a Technical Evaluation Panel if necessary. No boundary change may be authorized on the basis of fill that was placed on the site after the City designated the area as part of the wetland overlay district. Persons aggrieved by a decision of the Planning Director may appeal such decision in accordance with the provisions of Section 78-99 of this ordinance and the WCA rules. DIVISION 3. BUFFER AREAS Sec.78-1605 Wetland Buffer Areas. (a) This subsection establishes requirements for wetland buffer areas around protected wetlands. Buffer areas axe necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the wetland edge, and that occur in a natural condition or through restoration. Buffer areas consist of shrubbery and trees, native grasses and/or forbs that are not mowed, fertilized or manicured in any manner. Mowing, fertilizing, manicuring, or vegetation removal within a buffer area is not allowed unless the City has issued a permit for such activity in conjunction with an approved buffer management plan. (1) Acceptable buffer areas shall have the following qualities: a. A continuous dense layer of perennial grasses that have been uncultivated or unbroken for at least ten (10) consecutive years, or b. An over story of trees and/or shrubs with at least eighty (80%) percent canopy closure that have been uncultivated or unbroken for at least ten(10) consecutive years, or c. A mixture of the plant communities described in a. and b. above, which have been uncultivated or unbroken for at least ten (10) consecutive years. Page 5 of 22 (2) Unacceptable buffer areas have the following qualities, including but not limited to: a. Undesirable plant species (including but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge and noxious weeds), or b: Lacking a layer of organic thatch or duff, or c. Topography which tends to channelize the flow of surface runoff, � or d. Is characteristically unlikely to retain nutrients and sediment. (3) BufFer areas which have been broken or cultivated within the past ten (10) consecutive years must be restored to a condition consistent with an acceptable buffer area defined in Section 78-1605(b)(1), a restoration or landscape plan must be submitted to the Planning Director, which restoration shall include, replanting and maintaining according to each of the following guidelines: a. Buffer azeas shall be planted with a seed mix containing one hundred (100%)percent perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye• b. The seed mix to be used shall consist of at least twelve (12)pounds pure live seed (PLS) per acre of native prairie grass seed and five (5) pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than four (4) and five (5) species respectively. c. The annual nurse or cover crop shall be applied at a rate of twenty (20)pounds per acre. d. Native shrubs and or trees may be used in addition to forbs and grasses. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. e. Native prairie grasses and forbs shall be planted by a qualified contractor. f. No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. Page 6 of 22 g. All seeded axeas shall be mulched immediately with clean straw at a rate of one and one half (1 1/2 ) tons per acre. Mulch shall be anchored with a disk or tackifier. h. Buffer areas (both natural and created), shall be protected by silt fence during construction and the fence shall rema.in in place until the area crop is established, and at that time the fence shall be removed. (c) Buffer area widths will be based on the Wetland Protection Strategies established in the Orono Surface Water Management Plan (SWMP) (December 2002). A Protection Classification has been assigned to each wetland in Orono based on the stormwater susceptibility and functional assessment for each wetland. The four Protection Classifications are described as follows: Protection Susceptibility Description Classification Ratin Highly Highly susceptible to both quantity and quality impacts "Preserve" Susce tible from runoff;have the hi hest de ee of rotection Moderately Moderatley susceptible to quantity and quality impacts; "Manage 1" Susceptible protection is less stringent than Preserve, provides rotection to maintain their characteristics "Manage 2" Slightly Less stringent protection than Manage 1 wetlands; Susce tible maintenance of characteristics is desirable Least Wetlands are significantly degraded(e.g., cultivated or "Manage 3" Susceptible canary gass monotype)or lack of wetland characteristics; not typically impacted by runoff; no quantity and only limited uali treatment of runoff is re uired The Protection Classification for each wetland will be found on the"Wetland Management Classification Map & List" which is hereby adopted by reference, a copy of which sha11 be kept on file in the office of the City Clerk and shall be available for public review during a11 normal office hours. The following are the required buffer area widths for each Protection Classification: Width of Buffer Additional Protection Requirements Protection Area from (B=Bounce=change in water level due to runoff event) Classification Wetland (P=Phosphorus) Bounda "Preserve" 50 feet B: Maintain bounce at or below existing conditions - , P: Limit loadin s to redevelo ment loadin 0.14 Lbs.lAc/Yr) "Manage 1" 35 feet B: Maintain bounce at or below existing conditions plus 0.5 foot P: Limit loadings to predevelopment loadings times 2 (0.28 Lbs/Ac/Yr) "Manage 2" 25 feet B:Maintain bounce at or belowexisting conditions plus 1.0 foot P: Limit concentration to predevelopment concentrations(200 b) "Manage 3" 16.5 feet B:No quantity requirement P: Limit concentration to 225 b Page 7 of 22 (d) In cases of new development or redevelopment the City shall require that vegetation in the wetland buffer be installed prior to the issuance of the certificate of occupancy. The City may waive this requirement in lieu of a cash escrow or letter of credit equal to 150 percent of the cost to install the required buffer. (e) The City may allow the disturbance of an existing buffer area during the course of construction activity. This disturbance must be kept to a minimum, soils must be decompacted to a level that will accommodate root growth, and the buffer area must be re-established as required by the City. The City will determine the amount of allowable disturbance. The City may require a cash escrow or letter of credit equal to 150 percent of the cost to re-establish the buffer to its original condition. (� The City may require buffer area planting and maintenance when the City determines that there is inadequate vegetation in the buffer area to meet the intent of this section. The City may require a cash escrow or letter of credit equal to 150 percent of the estimated cost of the vegetation and installation. The escrow or letter of credit must be valid for up to two years and may be used by the City to replace any vegetation that dies. (g) The affected property owner or homeowner association that is responsible for the maintenance must: (1) Maintain and repair damage to buffer areas from such activities as mowing, cutting, grading or other prohibited activities, unless mowing is approved by the City as a buffer management plan. Permission must be obtained from the City before implementing buffer management plans, which may include mowing, burning, and the use of herbicides. (2) Maintain only the permitted vegetation in the buffer area and must remove all noxious weeds and invasive, non-native species such as European buckthorn, upon obtaining a vegetation removal permit from the City in conjunction with an approved buffer management plan. (3) Ensure that all soil surfaces in the buffer area axe planted with the permitted vegetation and that there is no open soil surface that may result in erosion. (4) Ensure that livestock or other domesticated animals which have the potential to permanently disturb the buffer area by compaction or vegetation removal be kept from entering the buffer area and wetland by a fence or other suitable means. (h) The final upslope edge of the buffer shall be provided to the City in a hard copy and in a CAD or GIS format in Hennepin County coordinates. Page 8 of 22 (i) Golf course partial exemption. Public and private golf courses existing and in operation on the date of adoption of this ordinance shall be allowed a partial exemption from buffer creation and maintenance requirements with regards to mowing or cutting buffer vegetation in areas subject to golf play, subject to the following: (1) At such time that this ordinance requires establishment of a buffer, applicant shall submit a certificate of survey identifying the location, size and type of the wetland for which buffer exemption is requested. (2) Applicant shall submit a buffer management plan for City Council approval, identifying those areas where exemption is requested and providing for alternative methods of wetland protection equivalent to an urunowed buffer. DIVISION 4. USES Sec. 78-1606 Permitted Uses. (a) Within the wetland overlay districts no land may be used except for one or more of the following uses: (1) Native wetland vegetation, provided that no change is made to the ground elevation; (2) Wildlife and nature preserves; (3) Overhead utility lines and poles that are less than two feet in diameter; (4) Docks which provide reasonable access to the lakeshore and do not exceed 8' in width; (5) Public and private flood control structures, ponding and drainage facilities and associated accessory appurtenances as approved by the City; or (6) Environxnental monitoring or control facilities, including those related to water quality and wildlife regulation. (b) Within wetland buffer areas no land may be used except for one or more of the following uses: (1) Native vegetation, provided that no change is made to the ground elevation; Page 9 of 22 s ' ', -------- __. _ __ nf # ;� . ��, a , � `� - _ __ �;i I+ �'�"' �Gf��t1� �'� G�� lt � � � c�� U��„�� ; �'t �,�F ._ :, `✓�r ��"��:��.�..1� �� C� ;` P�'�='� .�'�-�� rtJ ��.�''c�°..,�^-�' _—_____-- --_. - ``' ; �� DN � ��c.��_ ___--- �, � �1�� j��4 � f�� °' /�r�.. � 's ii ; _ �� - _�_�g - 6YZ3 Lyle Oman From: Jane Byron [jbyron@minnehahacreek.org] Sent: Thursday, December 22, 2005 10:58 AM To: 'Dan Tix" Cc: Lyle Oman Subject: FW: Delineation at 2175 Kenwood Way �� 2175 Kenwood y Orono_revie� Dan, Sorry, here's a change made to the letter I just emailed. The only change is the date that the letter was drafted. Jane Byron MCWD Permitting Department Have you subscribed? Stay updated on MCWD news and information via the MCWD E-Splash e- mail newsletter. Sign up at www.minnehahacreek.org -----Original Message----- From: Jane Byron [mailto:jbyron@minnehahacreek.org] Sent: Thursday, December 22, 2005 10: 50 AM To: 'Dan Tix' Cc: 'loman@ci.orono.mn.us' Subject: Delineation at 2175 Kenwood Way Dan, Attached is a letter informaing SER that the delination at 2175 Kenwood Way will not be reviewed until after the growing season has commenced in 2006. A copy has also been sent in the mail. Let us know if you have further questions. Jane Byron MCWD Permitting Department Have you subscribed? Stay updated on MCWD news and information via the MCWD E-Splash e- mail newsletter. Sign up at www.minnehahacreek.org 1 December 22, 2005 Svoboda Ecological Resources Attn: Dan Tix 2477 Shadywood Rd Excelsior, MN 55331 Anthony Thomas Homes 4100 BERKSHIRE LANE PLYMOUTH, MN 55446 RE: Incomplete Delineation: 2175 Kenwood Way, Orono SER Project No: 2005-095-03 Dear Mr. Tix and Property Owner: Your request for wetland boundary review for 2175 Kenwood Way, Orono, as identified by Hennepin County property identification numbers 17-117-23-41-0005, 17-117-23-41-0006, 17-117-23-41-0007, and 17-117-23-41-0026 was received on 12/12/05. The delineation report does not contain all required information and is incomplete at this time. The delineation report was deemed incomplete for the following reasons: 1. The delineation requires field review during the growing season. It is MCWD policy to require a field review of all wetland boundaries as a component of delineation review. The report of conditions from 11/29/05 was completed outside of the growing season and indicated that hydric soils and wetland hydrology, 2 of the 3 wetland diagnostic characteristics as outlined in the 1987 ACOE Wetlands Delineation Manual, were present in adjacent upland areas. Current snow cover prevents MCWD from verifying the condition of the 3`� diagnostic characteristic, vegetation, and verifying whether an atypical situation or problem area occurs outside of the delineated boundary. The wetland delineation report and wetland boundaries flagged on site can not be approved until a field review is completed during the growing season. MCWD will field verify/review your delineation in spring of 2006, after the growing season has commenced. The MCWD would like to remind the applicant that any projects occurring on site may require a permit from MCWD and construction can not to begin on site until all required permits have been issued. If you have any questions please call me at(952)471-0590. Sincerely, Jane M Byron District Representative Cc: Lyle Oman, City of Orono � r ' � 4 MEMORANDUM Date: November 16, 2005 To: ADDRESS FILE—2175 Kenwood Way From: Janice Gundlach, City Planner RE: LOT LINE DECLARATION For zoning purposes, the Kenwood Way lot line (measuring �201.2' in length) shall be considered the front lot line and subject to a 30' building setback. Therefore, the undeveloped right-of-way lot line (measuring 192.24' in length) shall be considered the side street lot line and subject to a 15' building setback. This declaration is based off the new home building permit application for development of the lot. � V _ ._"'_ _.__. ___ _._.. __ _ � 22� � � 1��2� y' ��D�, _. ��, ��1 � l � I N 2� y i l�0�(� - -� � �� I� 1I � 2��la� b7 Z� � ► �z�y� oz � �� ,�� __--_� __ � ► ►� 1 6 y�" _ _ -�� I : ` �� o � � �� s .-�- �, _ _-----;:. � ��— - �4� ' p' � . . -- ;. _______.__.___,'' vJ ��, �,� --�:; � �� _ __ __ _ � . �z,� , � _____— -----��. � �, 1�� :� � � — ---- _--�s ��; � � ,�� `�\ ,. ! . -7� / ( � }� �� _ � �' �' -------___-___�: �, �� __ �. � � ; �� t` 0 � : � ,,. ____.__.__;:; , ---------- - _ _. ��: ,_ _ . _________.. i:: . ' � � �oZ� � � �� i � � �� ; . � �� 9 � _______�!i � _ ____ ,; . '#,, � Page 1 of 1 . �. � Hennepin County Property Map Print Page 2175 Kenwood Way , � _ _17 , __ _.----—._ ---- _5q_..__l_.__.___ ._ ._._..... _ j � 3375 /� 1 50 '_ � w 2 �T-_---.-- l I ` +� °� / i 4�p 4 �,, , ,y+� y 2150 3 '�, L2� ai 2130 ' ' p 3325 5 �`9 � �� + �4� ��y � 1 2140 , �' 5 �p �, c, ' �, 4 N�' (3J��p�� c,, i � �� 8� ,��„�• 5� f4�'N..,� � � i '� 6'Z- 3329�v G�O C�15 6'� 06� �l`. � 219 � � 9130 � ' �t3s r �rn (19)c,Q `�°`- t z�so � �� ss (31] 11 N s '4o(34 �s �� j � ' � � � ': �24) _. ) 5 .__ - ts.s� `'�r� l ' �' (29) ,�` � i ;{2��r3339�- �� $�-� G 2��i�) � �217o�p9�� 2S z�ao- f r 7 'j �6p�� 6g �� , � , i �� 7 ��ta - � 80 j '�' S fs�` � � -*'o �p, i 'i 2� 6 ,��.6 � �. �n I �' o�,o �•r {26)� �y�3 `� �� xiso (27) ~ n��a,�s��n � &t S5 i ` 1 i d.r ,�pp_- � � i-� �, � . _�171 � O� � &2 �' � �`�' �' j m -.� � G 2275 �57�66fs - �� i � N po � �.lv d's '�2.- `�S+ J�' j r-. 3286 . a ��A '� = 53 2� j 4 � cn �, d` ��`3� i�,-� I�., `p 3240 '"' 3220 64 � j � �zso'� (104) ��58)^ary � o �sz 45 � ,� � 3 y,�� ; ' 4& 6i .� � 3163 f�110)oa �zso �`� ` �° i �w '`�47 'S 6> > 3280 �9' • '� b � 6� READ IMPORTANT DISCLAIMER INFORMATION Property 1D Approximate Property Perimeter Approximate Property Area 17-117-23-41-0026 422 ft. 8,231 sq.ft.=0.19 acres Property Address i��arket Value Total Tax(2005j 38 ADDRESS UNASSIGNED ORONO, MN 0 $42,000 $215.48 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can c disclosed by an accurate survey pertormed by a licensed land surveyor. The perimeter and area (square footage and acres) approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hen does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of information or its derivatives. Provided by Hennepin County Taxpayer Services Department. http://wwwl 3.co.hennepin.mn.us/publicparcelimage/Print.aspx?CMD=INIT&IMAGEUR... 11/15/2005 � � _ _ _ + '��'�� }� L 1 � S S-� ��7�, - --_ _ --- __ _ _ �- � � _ - - - . - S��fi�7�J �C�' ' - __ _ �-� �� 1�--{� vl�,1 �-n�L� ��--- ✓ _- 1l L � 4?� O� — / � � � - _ _ ___ __- - -- ------ -- _ -- _ �----� ` '� — i � �i . i _ _ _ �_0�� ---- . _ ___ _ __�i _ _ --- - _--- S o � p - I t� - � � _: �.(.r -- l _ __ ___ � � _ _- - _ ��,�� __ �� - ____�-�7 -_ ,r,-�,�, � � �j____�� ; --- S,_�r.��__ � -�--�;�___ �-�t.� ---_ _ _-�� r� s-�t��,._ ____ _ -�a-a--� __ �-Y,� _ ��-. _ �.o� _ /�, ► . il r ) - ....__4.�__..-�.---�--:J=1�-v1 C_�-�_..SL�_�`�- ----/ ''��-/�.�d-� -� - "'„"'`.'-- -._..------ --� ----.._ ... ____ ._.---- ...... . . --- -- -- --�._ ---- . .-_ . ._ .. �._-.-__._----- --- ��'-f�'� ` - - _�t.� -_. �- -- - - -- _------------- _ __ _ _ ______ _____ �' �u"Yl�-lo i�'L.Q� � - - - -- ___ __ _- - - ----- -- ___ _. - � t � ' -- _____. �0�. `o ;% ��, �. �'�� 'i'� CITY of ORONO , � ''��: i � �;j ,� F , , _ l�r;'! Municipal Offices "�� Gti '% . Street Address: Mailing Address: � �`qJ(��Q�'�-�� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 November 16, 2005 Anthony Thomas Homes Diane Eiden 4100 Berkshire Lane Plymouth, MN 55446 RE: Building Permit Application f�r 2175 Kenwood Way Dear Ms. Eiden: The City is in receipt of your building permit application for the above noted address. At this time the City cannot complete review of the application as it is incomplete. The following information must be submitted in order for the City to allow development of the lot aild complete the building plan review: • The four lots making up the parcel addressed 2175 Kenwood Way must be legally combined with Hennepin County in order for the lot to be considered a buildable lot. Evidence of this combination request must be submitted prior to any building permit issuance for this property (a completed combination fc�rm is attached and a copy of the property Deeds must be attached to the combination form upon submittal to Hennepin County). o This property contains wetland where a wetland delineation must be conducted and subinitted to the Minnehaha Creek Watershed District for acceptance. Following completion of a wetland delineation, the survey should be updated to depict the wetland boundary as delineated. Lastly, as the wetland is classified as a Manage 2, a 25' buffer must be shown on the survey and maintained in addition to a 20' structure setback from that buffer. The Cities Wetland Ordinance requires a specified level of buffer acceptability, which will have to be examined upon completion of your wetland delineation (code excerpts attached for your reference). It appears that the current location of the proposed structure complies with both these restrictions; however a buffer agreement and implementation plan must be executed with the City (example agreement attached). 1'elephone(952)249-4600 e F'ax(952)249-4616 www.ci.orono.mn.us ` � Y� • This property lies within 1,000' of Lake Minnetonka and is therefore subject to hardcover restrictions in accordance with Shoreland regulations, Section 78-1288. Your surveyor should determine what hardcover zone(s) the property lies within and complete the attached hardcover calculation worksheets. • A grading plan must be submitted with topographic contours in 2' intervals for the entire property and 50' beyond all property boundaries (the spot elevations and drainage arrows are not an acceptable grading plan). At this time, the building permit remains incomplete until all of the above noted items have been satisfactorily completed. Should you have questions I can be reached at 952- 249-4623. Sincerely, City of Orono C7� •(�j�� Janice Gundlach City Planner cc. Lyle Oman,Building Official . � � � / November 16,2005 Hennepin County Government Center Department of Property Tax and Public Records A-607 Minneapolis, MN 55487 ATTN: Jim Holan, ID Controller Dear Mr. Holan: I hereby make request for a combined assessment and legal combination of the following described land: Orig. PID # 17-117-23-41-0005 Orig. Address: 38 ADDRESS UNASSIGNED Legal description: Lot 1,Block 2, RGT WALLACES ADDN-LOTS 42-43-57- 58 and Orig. PID# 17-117-23-41-0006 Orig. Address: 38 ADDRESS LTNASSIGNED Legal description: Lot 2, Block 2, RGT WALLACES ADDN-LOTS 42-43-57- 58 and Orig. PID # 17-117-23-41-0007 Orig. Address: 38 ADDRESS UNASSIGNED I,egal description: Lot 3,Block 2, RGT WALLACES ADDN-LOTS 42-43-57- 58 and Orig. PID# 17-117-23-41-0026 ' Orig.Address: 38 ADDRESS LTNA�SIGNED Legal descri�tion: Lot 060,Block,WALLACES ADDITION TO VILLAGE OF MINNETONKA BEACH New Address: 2175 Kenwood Way _ , Municipal Code: 38 Tax Year: 2006 (1/1/OS-12/31/OS application period) Signature of Fee Owner(s) Signature of Tax Payer(s) Tax Payer=s Address ❑ i—Pending Combinations(Deputy Cierk) ❑ 1—Street File(Letter Only) ❑Zoning File(Tf Result of Zoning Application) Sec. 78-1604 Interpretation of Wetlands Boundaries. Whenever a wetland boundary is disputed or uncertain, the Planning Director may require the submission of a registered survey of the property and field staking showing the city-designated wetland contour or a delineation of the wetland, and such other information as the director may require in order to resolve the dispute or uncertainty. The Planning Director may require review by City consultants or a Technical Evaluation Panel if necessary. No boundary change may be authorized on the basis of fill that was placed on the site after the City designated the area as part of the wetland overlay district. Persons aggrieved by a decision of the Planning Director may appeal such decision in accordance with the provisions of Section 78-99 of this ordinance and the WCA rules. DIVISION 3. BUFFER AREAS Sec. 78-1605 Wetland Buffer Areas. (a) This subsection establishes requirements for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the wetland edge, and that occur in a natural condition or through restoration. Buffer areas consist of shrubbery and trees, native grasses andlor forbs that are not mowed, fertilized or manicured in any manner. Mowing, fertilizing, manicuring, ar vegetation removal within a buffer area is not allowed unless the City has issued a permit for such activity in conjunction with an approved buffer management plan. (1) Acceptable buffer areas shall have the following qualities: a. A continuous dense layer of perennial grasses that have been uncultivated or unbrolcen for at least ten (10) consecutive years, or b. An over story of trees and/or shrubs with at least eighty (80%} percent canopy closure that have been uncultivated or unbroken for at least ten (10) consecutive years, or c. A mixture of the plant communities described in a. and b. above, which have been uncultivated ar unbroken for at least ten (10) consecutive years. Page 5 of 22 , , , . (2) Unacceptable buffer areas have the following qualities, including but not limited to: a. Undesirable plant species (including but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge and noxious weeds), or b. Lacking a layer of organic thatch or duff, or c. Topography which tends to channelize the flow of surface runoff, or d. Is characteristically unlikely to retain nutrients and sediment. (3) Buffer areas which have been broken or cultivated within the past ten (10) consecutive years must be restored to a condition consistent with an acceptable buffer area defined in Section 78-1605(b)(1), a restoration or landscape plan must be submitted to the Planning Directar, which restoration shall include, replanting and maintaining according to each of the following guidelines: a. Buffer areas shall be planted with a seed mix containing one hundred(100%) percent perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye. b. The seed mix to be used shall consist of at least twelve (12)pounds pure live seed (PLS) per acre of native prairie grass seed and five (5) pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than four (4) and five (5) species respectively. c. The annual nurse or cover crop shall be applied at a rate of twenty (20)pounds per acre. d. Native shrubs and or trees may be used in addition to forbs and grasses. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. e. Native prairie grasses and forbs shall be planted by a qualified contractor. f No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. Page 6 of 22 g. All seeded areas shall be mulched immediately with clean straw at a rate of one and one half(1 '/z ) tons per acre. Mulch shall be anchored with a disk or tackifier. h. Buffer areas (both natural and created), shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established, and at that time the fence shall be removed. (c) Buffer area widths will be based on the Wetland Protection Strategies established in the Orono Surface Water Management Plan (SWMP) (December 2002). A Protection Classification has been assigned to each wetland in Orono based on the stormwater susceptibility and functional assessment for each wetland. The four Protection Classifications are described as follows: Protection Susceptibility Description Classification Rating Highly Highly susceptible to both quantity and quality impacts "Preserve" Susce tible from runoff;have the hi hest de ree of rotection Moderately Moderately susceptible to quantity and quality impacts; "Manage 1" Susceptible protection is less stringent than Preserve,provides rotection to maintain their characteristics "Manage 2" Slightly Less stringent protection than Manage 1 wetlands; Susce tible maintenance of characteristics is desirable Least Wetlands are significantly degraded(e.g.,cultivated or "Manage 3" Susceptible canary grass monotype)or lack of wetland characteristics; not typically impacted by runoff; no quantity and only limited ua(i treatment of runoff is re uired The Protection Classification for each wetland �x�ill be found en the "Wetland Management Ciassification Map & List" which is hereby adopted by reference, a copy of which shall be kept on file in the office of the City Clerk and shall be available for public review during all normal office hours. The following are the required buffer area widths for each Protection Classification: Width of Buffer Additional Protection Requirements Protection Area from (B=Bounce=change in water level due to runoff event) Classification Wetland (P=Phosphorus) Bounda "Preserve" 50 feet B: Maintain bounce at or below existing conditions P: Limit loadin s to redevelo ment loadin (0.14 Lbs./Ac/Yr) "Manage 1" 35 feet B: Maintain bounce at or below existing conditions plus 0.5 foot P: Limit loadings to predevelopment loadings times 2 (0.28 Lbs/Ac/Yr) "Manage 2" 25 feet B: Maintain bounce at or below existing conditions plus 1.0 foot P: Limit concentration to predevelopment concentrations(200 b) "Manage 3" 16.5 feet B: No quantity requirement P: Limit concentration to 225 ppb Page 7 of 22 [maintain 3" top margin] ��aTaorr THIS I)ECLAIZA'I"IOle1 ("Declaration") is made this day of , 20_, Uy , [marital status if individuals] ("Declarant"). �CI'T�.LS �IEItEAS, Declarant is the owner of real property witlzin the City of , County, Minnesota, platted and legally descriUed as: �legal description] (the"Pro�erty") and no one other than Declarant, [name additional parties executing declaration of Coilsent and Subordination], has any right, title or interest in the Property; and �EI�Et1S, the Property constitutes the entirety of the land to which Minnehaha Creek Watershed District Permit# applies; and �EIZEAS, Declarant desires to subject the Property to certain conditions and restrictions imposed by the Minnehaha Creek Watershed District as a conc�ition to issuance of their Perinit # for the mutual benefit of t11e owners of the Property. i`�T��,��It��, ueciarant maxes t�tis �eciaratic�n atid i�ei•zi�y ��e�lares that this Declaration shall constitute convenants io run with the Property in perpetuity, and further declares that the Property shall be own��i, used, occupied, and conveyed subject to the convenants, restrictions, easements, �h�rges and liens set fortlz ir±1:is �Jecl_a;��tio�z, a11_ of tv11i�'�, s1,�11 1,�binding o„ �11 p�zsons owning o�• �cquiring any right, fit?e or inte�•est in the P��operty, and thei�� heirs, succ�ssors, ��1'SOI1c'll 12�12S211tc'1t1VeS, and assi�ns. . � , , . 1. Wetland Buffer. The wetland buffer, measuring_feet in width at all points surrounding the wetlands as delineated on the site plan for the Property attached hereto and incorporated herein as Attachment A, shall be maintained by Declarant in perpetuity free from mowing or other vegetative disturbance,fertilizer application, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or Uuffering flows into the wetiand. 2. Street Sweeping. All streets and puUlic ways within the Property shall be swept at least twice each year, in the spring following snowmelt and in the fall after leaf fall. 3. Stormwater Facility 1Vlaintenance. The terms of Attachment B, incorporated herein, shall apply to the stormwater management facilities indicated on the site }�lar►for the Property attache� he�et� and 'ancorporates� herein as on Attachment A, identified as follows: [list storinwater management facilitiesJ 4. Swales and Pervious �ireas. 5. The recitals set forth above are expressly incorporated herein. gN�'I'�TESS�EIZEOF, the undersigned has executea this instrument the day and year first set forth. ��C�,AIZA�T'�'o By: jilame and representative capacity, if applicable] �'�'�'�'lE ��' 1�dl�TI�E��'�'�) �s�e ��J�T'A'�' �� l�ze toreboing instrumen��,�as acl<nowledgeci befor� ine this c�ay of , �p_U�, � , � , . Notary Public This Instrument Was Drafted By: ; . � , , . CONSENT AND SU�ORDINATION , a Minnesota corporation, the holder of a mortgage dated , , [filed for record with the County Recorder] County, Minnesota on , as Document No. , hereUy consents to the recording of the attached Declaration and agrees that its rights in the property affectecl by the Declaration shall Ue subordinated thereto. IN�VITNESS WHEREOF, , a Minnesota corporation,has caused this Consent and Subordination to Ue executed this day of , 20_ � Mirulesota corporation By: Its: [notary acknowleagement] ,, . . y � � �-IARDCOVER CALCiJLATION WORKS�IEE7C SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' S00-1000' E`�ISTING HARDCOVER IN ZONE A. House x = S.F. Length 1Vidth x = S.F. x = S.F. x = S.F. B. Gara�e x = S.F. C. Drivewav x = S.F. x = S.F. D. Side�valk x = S.F. x = S.F. E. Patio/Deck x = S.F. x = S.F. F. Landscape x = S.F. Underlain x = S.F. By Plastic x = S.F. G. Other x = S.F. TOTAL HARDCOVER IN ZONE - S.F. A TOTAL PROPERTY AREA IN ZONE - S.F. B A = B x 100 = °�o A = B x 100 = % PROPOSED HARDCOVER IN ZONE A. House � = S.F. Lensth Width x = S.F. x = S.F. t — S.F. B. Gara;e x = S.F. C. Driveway x = S.F. � = S.F. D. Sidewalk �: = S.F. x = S.F. E. Patio/Deck x = S.F. x = S.F. F. Landscape x = S,F. Underlain x = S.F. By Plastic x = S.F. G. Other .. = S.P. TOTAL HARDCOVER I�1 ZONE - S.r, r TOTAL PROPERTY ARE�rN ZCAiE - S.;=. _. � = B ; l0U = °io