HomeMy WebLinkAboutRe: as-built Melanie Curtis
From: Melanie Curtis
Sent: Tuesday, March Ol, 2016 9:54 AM
To: 'Peter W.Johnson'
Cc: Mark Gronberg; Christine Mattson
Subject: #2013-00874/ 3165 North Shore Drive
Peter
Please see the following comments from our engineer in response to the most recent as-built survey (submitted on
02/19/16) for 3165 North Shore Drive. Please have your surveyor provide the requested information and resubmit.
1. The berm that has been constructed adjacent to 3155 North Shore Drive is not shown.
2. The original intent of the approved grading plan was to divert runoff around 3155 North Shore Drive. The
northeast corner of the lot has not been graded according to the approved plan, which allows runoff from the
driveway to flow onto 3155 North Shore Drive. The northeast corner of the lot should be graded to meet the
intent of the approved plan.
3. To-date, the blacktop driveway has not been removed as shown on the approved grading plan.
Please let me know if you have any questions.
Thank you — Melanie
Melanie Curtis, Planner
Direct 952.249.4627
Planning &Zoning Office 952.249.4620
2750 Kelley Parkway, Orono, MN 55356
Email: mcurtisan.ci.orono.mn.us
Website: www.ci.orono.mn.us
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RECEIVED
PETER W. JOHNSON, LTD. ��N �" 9 �Q15
ATTORNEY AT LAW C�Ty pF QRQNQ
249 MILL STREET
EXCELSIOR,MINNESOTA 55331
TELEPHONE(952)475-1907
FACSIMILE(952)476-0007
DIRECT DIAL: (952)475-1907
CELLULAR: (612)741-1907
EMAIL-PETERJ@PETERWJOHNSON.COM
June 9, 2015
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Re: Wagener Properties, LLC
Dear City Staff,
Enclosed is the as built survey for the filling and grading at 3165 North Shore Drive.
Once you have confirmed that the project conforms to the approved permit plans,
please refund the escrow payment of$5,000 to my office at the above address.
ours,
. Johnson
� � � CITY OF ORONO * 2 0 1 3 - 0 0 8 7 5 *
2750 KELLEY PARKWAY DATE ISSUED: 08/27/2013
ORONO, MN 55356-
(952) 249-4600 FAX: (952) 249-4616
ADDRESS : 3165 NORTH SHORE DR
PIN : 09-117-23-33-0002
LEGAL DESC : UNPLATTED 09 117 23
: LOT 000 BLOCK 000
PERMIT TYPE : ESCROW FEE-OTHER
PROPERTY TYPE : RESIDENTIAL
CONSTRUCTION TYPE : ESCROW FEE-OTHER
APPLICANT ESCROW FEE-OTHER 4,300.00
Wagener Properties LLC TOTAL 4,300.00
12520 WAYZATA BLVD
MINNETONKA,MN 55305- L'iti�� �f Orc�r��
� �7511 Kelley Parkway
�r��n,� MN 5`,s;� ?52-c49-45��0
Re�e:ot N�: 3.U�}y540 AuR cl, �:01s
OWNER
Wagener Properties LLC Wager�er Pr�operties
12520 WAYZATA BLVD
MINNETONKA MN 55305- Rlanning and Zor,ing
' �U13-�U875 3i65 Narth L,:,GO.GG
5hare Dr
1 J 1-��45
AGREEMENT AND SWORN STATEMENT Deferred Aev-Uevelooer Dapusit
The work for which this permit is issued shall be performed according to T»tdl: ks%��-'•'ji=
the approved plans and specifications,applicable City approvals,and the °'O-"—'°O°'--"
State Building Code. This permit is for only the work described and does Check
not grant permission for additional or related work which requires sepazate CheCk N0: 1�11`�c� �f 3t��•'���
permits. All provisions of laws and ordinances goveming this type of work GdyGY:
shall be compied with whether or not specified herein.This permit will WdJ2rieY` PY'�7R�1"t i85 �
expire and become null and void if construction authorized is not T��tdl F1pR1 ied: � 4,���_��
commenced within 180 days of the date of issuance,or if construction is ,���
suspended for a period of I80 days at any time after work has commenced. Chdtlq_e Tender•ed; _ ______Y_____
The applicant is responsible for assuring all required inspections are G8/cl/cG13 �}c:USPN
requested in conformance with the State Building Code.This permit may be
revo d at any time for due ause.
� � � a7 � �� , ,
Applicant Permitee Signature Date Issued By S' ature te
SEPARATE PERMITS REQUIRED FOR WORK OTHER AN DESCRIBED ABO .
� ' ESCROW AGREEMENT
ZONING PERMIT
Permit#2013-00717
Permit#2013-00718
Land Use Appiication#13-3624
AGREEMENT made this 30 day of � , 2013, by and between the CITY OF ORONO, a
Minnesota municipal corporation ("City") and ("Owners").
Recitals
1. A land use application and zoning permit applications have been filed for property located at 1420
Bohns Point Road and 3165 North Shore Drive, the ("Subject Property"). 3165 North Shore Drive is legally
described as Attached as Exhibit A.
2. Owner requests the City to review this application.
3. The City will commence its review of the application and incur costs associated with said review
only if the Owner establishes an escrow to ensure reimbursement to the City of its costs.
NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owners shall deposit$700.00 with the City. All accrued interest, if any, shall be paid to the City to
reimburse the City for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City
for all out-of-pocket costs the City has incurred (including planning, engineering or legal consultant review) or will
incur in reviewing the plan. Eligible expenses shall be consistent with expenses the Owners would be responsible
for under a zoning permit application. The escrow will also guarantee reimbursement to the City for all out-of-
pocket costs the City has incurred to assure that the work is completed in accordance with the Stormwater
Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financial security may also be
used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to
public property or infrastructure that is caused by the work (including planning, engineering, or legal consultant
review) associated with Permit #2013-00717, Permit #2013-00718 and Land Use Application #13-3624 if
compliance with the approved zoning permits is not accomplished.
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn
send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners'
receipt of bill.
4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment
to the City within the timeframe outlined in#3 above, shall issue a Stop Work Order until the Owners pay all expenses
invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to
reimburse the City for eligible expenses the City has incurred.
5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the
Owners when the review has been completed and written notification is received from the Owners requesting the
funds.
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses
incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the
subject property pursuant to Minn. Stat. §§415.01 and 366.012.
CITY: CITY OF ORONO O
By: . '�-.J � --�
Its: ��� � a � �,�,
� �
,r
1 1
� ZONING PERMIT ESCROW AGREEMENT
' Orono Zoning Permit# ����� (�d���
AGREEMENT made this 2"1� day of �. , 20�3 , by and between the CITY OF ORONO,
a Minnesota municipal corporation ("City")and W aa�,� �i o � L..1_iG . ("Owners").
'� ���� Recitals
1. A � permit application has been filed for a zoning pe`mit or a�prp erty I�ocat�d3�t�
3165 iJa���au���{,the ("Subject Propert�'), legally described es �w C.�l-.� to�l�a�a"n
Hennepin County Minnesota.
2. Owner requests the City to review this application.
3. The City will commence its review of the application and incur costs associated with said review
only if the Owner establishes an escrow to ensure reimbursement to the City of its costs.
NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owners shall deposit $ S000.�ith the City. All accrued interest, if any, shall be paid to the
City to reimburse the City for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City
for all out-of-pocket costs the City has incurred{including planning, engineering or legal consultant review) or will
incur in reviewing the plan. Eligible expenses shall be consistent with expenses the Owners would be responsible
for under a zoning permit application. The escrow will also guarantee reimbursement to the City for all out-of-
pocket costs the City has incurred to assure that the work is completed in accordance with the Stormwater
Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financial security may also be
used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to
public property or infrastructure that is caused by the w�qrk (including planning, engineering, or legal consultant
review) associated with zoning permit #�3-011�7`I' if compliance with the approved zoning permit is not
accomplished.
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn
send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners'
receipt of bill.
4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make
payment to the City within the timeframe outlined in #3 above, shall issue a Stop Work Order until the Owners pay
all expenses invoiced pursuant to#3. The City may draw from the escrow account without further approval of the
Owners to reimburse the City for eligible expenses the City has incurred.
5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the
Owners when the review has been completed and written notification is received from the Owners requesting the
funds.
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses
incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the
subject property pursuant to Minn. Stat. §§415.01 and 366.012.
CITY: CITY OF ORONO OWNER: ��5�� Q^-� � LL�-
By: 6 . J �
�ts: a c� �t c` '��Uf.C��c�Za2, a.., ��-
n'te,r�a �se,`�v !- ,'�� .__�"O�(��na�o �raa�"""'nce�3e�a rr�en � ����."�ile .
,�
, :
__ -�• EXHIBIT A __ _ � .
T
That part of Government Lot 1, Section 9, Township 117, Range 23 West of the 5th
Principal Meridian described as commencing at a point in the West line of said
Government lot distant 1160.8 feet North from the Southwest corner of said Government
` lot; thence EQst parallel with the South line of said Government Iot a distance of 442.93
feet, passing through a judicial londmark set pursuant to Torrens Case No. 11475; thence
� South parallel with the West line of said Government lot a distance of 102.5 f eet; thence
, East paraliet with the South line of said• Government lot a distance of 211.0 feet, more or
less, to the shore of Lake Minnetonka to the actual point of beginning of the land being
� described; thence West along the last described line to a point distant 442.93 feet East of
� the West line of said Government lot and 1058.3 feet North of the South line of said
, Government lot; thence North a distance of 102.5 feet to the North fine of the South
l 1160.8 feet of said Government lot; '�thence- West on the North line of the South 1160.8
� feet of said Government lot a distari�e of 197.93 feet (or to a point 245.0 feet East of the
West line of said Government lot); thence South parallel with the West line of said
r Government lot a distance of 175 feet; thence Southeasterly deflecting to the left 78
; degrees 00 minutes, o distance of 330 feet, more or less, to the shore of Lake
- Minnetonka; thence Northeosterly along the shore of said lake �a distance of 180 feet,
) more or less, to the point of beginning.
' .� • CITY OF ORONO �
2750 KELLEY PARKWAY * � 0 1 3 - 0 0 6 6 9 *
DATE ISSUED: 07/18/2013
ORONO, MN 55356-
(952) 249-4600 FAX: (952) 249-4616
ADDRESS : 3165 NORTH SHORE DR
PIN : 09-117-23-33-0002
LEGAL DESC : UNPLATTED 09 117 23
: LOT 000 BLOCK 000
PERMIT TYPE : ESCROW FEE-APPLICANT
PROPERTY TYPE : RESIDENTIAL
CONSTRUCTION TYPE : ESCROW FEE-APPLICANT
NOTE: THIS$700 ESCROW IS TIED TO ZONING APPLICATION 13-3624 PAID BY PETER JOHNSON WITH CHECK#7344
APPLICANT ESCROW FEE-APPLICANT 700.00
Wagener Properties LLC ESCROW FEE-DEVELOPER 0.00
12520 WAYZATA BLVD
MINNETONKA,MN 55305- TOTAL 700.00
OWNER
Wagener Properties LLC
12520 WAYZATA BLVD
MINNETONKA, MN 55305-
AGREEMENT AND SWORN STATEMENT
The work for which this permit is issued shall be performed according to
the approved plans and specifications,applicable City approvals,and the
State Building Code. This permit is for only the work described and does
not grant permission for additional or related work which requires sepazate
permits. All provisions of laws and ordinances goveming this type of work
shall be compied with whether or not specified herein.This permit will
expire and become null and void if construction authorized is not
commenced within 180 days of the date of issuance,or if construction is
suspended for a period of 180 days at any time after work has commenced.
The applicant is responsible for assuring all required inspections aze
requested in conformance wi[h the State Building Code.This permit may be
revoked at any time for due cause.
/ / � �
Applicant Permitee Signature Date Issued By Signature Date
SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.
LAND USE APPLICATION ESCROW AGREEMENT
Application# �3�3C;Da�
AGREEMENT made this_�day of , 20 �?J, by and between the CITY OF
ORONO,a Minnesota municipal corporation("Cit�')an r� ��
[a corporation—optionaq("Owner").
Re ' als
1. Owners have filed Zoning Application # formally requesting the City to
review plans for l��iC. V pp
located at (u o v ^ � �D �
the"Subject Property")as more fully shovm and described on Exhibit"A"attached hereto.
2. Owners request the City to reviev�said plans w ich requir s City approval including 1 S�u�ce� 8�'
C��difinvw!�. �)�c, IPerr��Y �fe� 1 annal ra. (��v, o� v��c. �-Pna�u soo c�v. .�d s,
3. The City is willing to commence its review of the application and incur costs associated with said
review only if the Owners establish an escrow to ensure reimbursement to the Ciry of its costs.
NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owners shall deposit$ �7'O�,�° with the City. All accrued interest, if any, shall be paid to the
City to reimburse the City for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City
for all out-of-pocket costs the City has incurred(including planning, engineering, or legal consultant review)or will
incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council
review of application # l 3-3(�a�{ . Eligible expenses shall be consistent with expenses the
Owners would be responsible for under a zoning and subdivision application.
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 Ciry within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all
expenses invoiced pursuant to#3. The City may draw from the escrow account without further approval of the
Owners to reimburse the City for eligible expenses the City has incurred.
5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the
Owners when the review has been completed.
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• TY E ORONO OWNERS: � f�'l9��eS� L � C
By: By: LJ l�a .,
' � n�n,��LLC_ .
Its: �1' Its:
Padcet Last Updated.• 0329/13
Page 10 of 29
Christine Mattson
From: Peter W. Johnson [peterj@peterwjohnson.com]
Sent: Monday, April 06, 2015 3:10 PM
To: Christine Mattson
Subject: Re: 3165 North Shore Drive/#2013-00874
Yes,the final grades are set and vegetation is established. I'll get you an updated survey.
On Mon, Apr 6, 2015 at 1:32 PM, Christine Mattson<CMattson(a�ci.orono.mn.us>wrote:
Peter,
In the process of closing out completed zoning permit applications, I noted we have not received an as-built
survey for the filling and grading at 3165 North Shore Drive. Has the project been completed and vegetated? If
so, please have an as-built survey prepared and submitted at your earliest convenience.
Please note,the City continues to hold an escrow of$5,000 in conjunction with the above project. The escrow
can be refunded once an as-built survey is received and we are able to inspect to determine the project conforms
to the approved permit plans, approved grading plan, etc.
Please don't hesitate to contact me if you have any questions.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway ; Orono ; MN j 55356 (physical address)
PO Box 66 ( Crystal Bay : MN ' S5323-0066 (mailing address)
� 952.249.4620 : g 952.249.4616
� cmattson�,ci.orono.mn.us i � www.ci.orono.mn.us
Office Hours: Monday - Friday 8 am to 4:30 pm
i
OUR OFFICE WILL BE CLOSED: Monday, May 25, 2015
Peter W. Johnson
249 Mill Street
Excelsior, Minnesota 55331
peterj�n,peterwj ohnson.com
Phone: 952-475-1907
Fax: 952-476-0007
Cell: 612-741-1907
------------------------- This e-mail and any attachments are intended solely for the addressee(s), is
confidential, and may be subject to attorney/client and/or work product privileges. If you are not the intended
recipient, or if this email has been addressed to you in error,please immediately alert the sender by reply e-mail
and then delete this message and its attachments. Do not forward, distribute or copy this message and/or any
attachments. Do not disclose the contents or take any action in reliance on this email or any attachments.
Nothing in this email creates or modify a binding contract to purchase/sell real estate. Unless expressly
represented otherwise,the sender of this email does not have the authority to bind a client buyer or seller to a
contract via written or verbal communications including, but not limited to,this email communication.
z
Christine Mattson
From: Christine Mattson
Sent: Monday, April 06, 2015 1:32 PM
To: 'peterj@peterwjohnson.com'
Cc: Melanie Curtis
Subject: RE: 3165 North Shore Drive/#2013-00874
Peter,
In the process of closing out completed zoning permit applications, I noted we have not received an as-built survey for
the filling and grading at 3165 North Shore Drive. Has the project been completed and vegetated? If so, please have an
as-built survey prepared and submitted at your earliest convenience.
Please note,the City continues to hold an escrow of$5,000 in conjunction with the above project. The escrow can be
refunded once an as-built survey is received and we are able to inspect to determine the project conforms to the
approved permit plans, approved grading plan, etc.
Please don't hesitate to contact me if you have any questions.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway � Orono � MN � 55356(physical addressJ
PO Box 66 � Crystal Bay � MN I 55323-0066 (mailing addressJ
'� 952.249.4620 � g 952.249.4616
� cmattson@ci.orono.mn.us � �i www.ci.orono.mn.us
Office Hours: Monday- Friday 8 am to 4:30 pm
OUR OFFICE WILL BE CLOSED: Monday, May 25, 2015
1
t
�
Andrew Mack
From: Andrew Mack
Sent: Monday, August 04, 2014 4:09 PM
To: Jessica Loftus
Cc: Lili McMillan (lilim@mac.com); Lizz Levang (clevang@aol.com); David P. Martini
Subject: RE: Morrie W. property
Attachments: 8-1-14 Grading Plan Revision.pdf; CUP Review Memo from D. Martini 2014-08-04.pdf
Jessica,
Please see as noted below in red.
r,��,,y�{3��fr��', Community Development Director
', \L7'� � Direct 952.249.4626
't,��p���fl amack(c�ci.orono.mn.us
•- -- www.ci.orono.mn.us
From: Jessica Loftus
Sent: Friday, August O1, 2014 12:49 PM
To: Andrew Mack
Cc: Lili McMillan (lilim@mac.com); Lizz Levang (clevang@aol.com)
Subject: RE: Morrie W. property
Hi Andrew,
A few more things to follow up on your reply:
• Was the street file in your office rather than the cabinets or was it truly misplaced? If it's the former, perhaps a
"check out card" would be helpful to insert into the cabinet when someone holds onto file for any extended
period of time so others would know who's office to check. We could communicate this process improvement
to the two residents involved to they understand we don't want residents to experience the disappointment of
coming all the way to city hall to find we don't have the information available. It was in the file cabinet the day
Mrs. Russin stopped in. I still don't understand the confusion that occurred with locating the plan when she was
here, but Dave reviewed it with her the next day at her home following our site inspection. I am looking into this
further with our staff. He also informed her of the plan changes being made in the field and we now have this plan
submitted in a revised form as of Friday last week.
• As requested, and in addition to you already agreeing to reach out to Russin's and Mandels about viewing the
plans, please send the plans in next week's info update so the council can have them handy. I definitely plan to
do so. I've also attached the latest update of this plan to this e-mail, will put it in the update, and have already
provided copies today to both neighbors when Dave Martini and I went back out there again today to monitor the
site progress and touch base with the neighbors.
• Is there a reason you copied Aaron when he wasn't on the original email? As you may know from your previous
work in cities,violations of the open meeting law might occur when three or more Council Members discuss city
business. Email correspondence can be an unintentional conduit to violate the open meeting law so please be
mindful of this in the future and in general if council members are engaged in direct email dissuasions its
probably best to limit it to only two members. Yes I am aware of this and made a mental mistake. I am sorry for
this and apologize. The reason I did so was that Aaron was the original contacted council member from the
Mandel's and felt he would appreciate receiving the update, which he did express. I just used the wrong forum
and will not do that again in the future.
Thank you for all your attention to this project,
Jessica
1
.
-I would further indicate that there has been some discussion and concerns expressed by the neighbors with regard to the
approved grading plan and how many iterations there have been since the CUP application was approved (for filis in
excess of 500 cubic yards).
On 11/9/2009 a CUP was approved by council with a grading plan prepared by Gronberg &Assoc. Then, 4 years later on
8/26/2013 a revised CUP was approved by council for the same site with a slightly revised pian. Both were conducted as
public hearings. The 2013 plan appears to have minor changes shown in the proposed grading contours. It does,
however, show more details with regard to the existing trees on the site. Additional factors with approval of the previous
grading plans such as site landscaping and lighting were not a part of the CUP approvals.
All of the existing trees on the site were depicted on the 2"d plan iteration. These trees are/were outside of the required
'no cutting' from 0-75 ft. from the lake shore (OHWL). Removal of these trees are allowed under the zoning ordinance
and no additional restrictions were placed upon their removal in the approved 2013 CUP. This is a concern which was
expressed by both of the neighbors. They have tried to save some of these deciduous trees, but are filling above the prior
ground elevation which may cause them to eventually die. This is based upon my knowledge as a certified tree inspector
by the State of Minnesota. Loss of these may or may not occur over a period of time, depending upon a number of
various factors.
Lastly, there is a question with regard to the changes between the 2"d & 3�d iteration of the plan change. There is more fill
that was brought onto the site as a result of changes to the plan. The amount of this cubic yards is now being calculated
by Gronberg. The revisions to the plan were a result of both the contractor doing the work and the City's consulting
engineer. Dave Martini has reviewed and approved these changes according to his attached memo. As a result, the work
is proceeding according to the new plan and should be completed within the next week and 1'/Z or so. Final monitoring
will be conducted by Dave before the site is seeded and the work completed. What is at question still is whether the
degree of changes warranted a formal review and approval of the plan by the PC and Council or if is sufficient for staff to
complete the review administratively as 'minor in nature'. I intend to place this item on the 8/11/14 Council Agenda and
allow the council to review the matter and then direct staff accordingly as to how they would like the matter handled. I
also intend to inform both the land owner and concerned neighbors that it will be discussed on the agenda should they
want to attend the meeting to hear the discussion.
The pertinent CUP approval conditions in this regard are highlighted in bold red and are as follows:
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a CUP for filling
and grading activity in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-916, 78-966 &
78-1286 in order to incorporate approximately 2,267 cubic yards of fill into the Property; subject to the
following conditions:
1. Council approval is based on the grading plan submitted by the Owner and annotated by City staff,
attached to this Resolution as Exhibit A. Any amendments to the grading plan may require further
Planning Commission and City Council review.
2. A double row of silt fencing shall be placed and maintained between the lakeward extent of the grading
activity and the lake.
3. The Owner shall conform to the recommendations of the City Engineer.
4. The amount of fill brought onto the Property shall be monitored so as to ensure compliance
with the approved grading plan.
5. An administrative Zoning Permit for Major Land Alteration is required prior to the commencement of
grading activities.
6. The Owner shall submit an escrow in the amount of $5,000.00 for erosion control purposes with the
application for Zoning Permit for Major Land Alteration prior to commencement of grading activities.
2
, � 7. An as-built grading plan/survey showing conformance with the approved plan shall be submitted prior to
the final inspection of the site grading. Vegetation must be established and final grading must be
approved prior to the release of escrow monies.
3