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Re: illegal fill/incomplete bldg permit app, etc
DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED ADDRESS OWNER TELEPHONE NO. CONTRACTOR I >: DESCRIPTION � 1 ❑ FOOTING ❑ PL6XING FINAL ❑ EXCAWGRADING/FILLING Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE El SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT v ❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP _ ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL v ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL OWNERICONTRACTOR TO MEET YOU:_YES_NO COMMENTS: LQ Q. Q. �r r j cc kor 3-Z�'�� o aIV cc Q W Uj c R1 ycmw� O Q ti 2 W W Z) d � [I WORK SATISFACTORY:PROCEED 11 PROJECTCOMPLETE W ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY 0 ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY V BEFORE COVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. ❑ PHOTO TAKEN INSPECTOR WILL RETURN 1:1 CITATION ISSUED ElSTOP ORDER POSTED.CALL INSPECTOR ❑ INSPECTION REQUIRED.CALLTO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contract Inspecto . White Copy/inspector's File Canary Copy/Site Notice �l�IKit V""' CITY OF ORO O CALLED IN DATE TIME INSPECTION NOTICE SCHEDULED 3—11-1 PERMIT NO. COMPLETEDJ" 00 ADDRESS 41�� Ao(-, r'n � - - -- OWNER TELEPHONE NO. CONTRACTOR �p ` ' 3: DESCRIPTION �� 1U V 1Ss I- ❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAWGRADING/FILLING Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS y ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ElFINAL ElSEWER HOOK-UP El COMPLAINT v ❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL J ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL OWNERICONTRACTOR TO MEET YOU:_YES_NO COMMENTS: W r J2(' r� � Oloo i Q_ J2 c I T O U_ W cc Q 2 W z W cc j d W ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE CC ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY W ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY V BEFORECOVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. ❑ PHOTOTAKEN INSPECTOR WILL RETURN ❑STOP ORDER POSTED.CALL INSPECTOR El CITATION ISSUED ❑INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contractor Inspector. White Copy/Inspector's File Canary Copy/Site Notice " DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED 'n« ADDRESS 0 ��' l OWNER TELEPHONE NO. CONTRACTOR DESCRIPTION l 1511 ❑ FOOTING ❑ PL ING FINAL ❑ EXCAV/GRADING/FILLING It Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHOREANETLANDS y ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT ❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP _ ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL v ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL OWNERICONTRACTOR TO MEET YOU:_YES NO COMMENTS: CC W a ' cc C r,ns I m__ C_ o l Luy) ccO W cc Q z W Z W CC d W ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE LU W ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY 0 ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY C1 BEFORECOVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. ❑ PHOTO TAKEN INSPECTOR WILL RETURN ❑STOP ORDER POSTED.CALL INSPECTOR El CITATION ISSUED ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contra o te: Inspecto . hite Copyllnspector's File Canary Copy/Site Notice DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED " ADDRESS bit CnC A0 OWNER TELEPHONE NO. CONTRACTOR Q j DESCRIPTION ❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAV/GRADING/FILLING Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS H ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT v ❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL v ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL Q OWNER/CONTRACTORTOMEETYOU:_YES NO Zt y COMMENTS: ®mMiz-- �✓� �� W c3-t � U t ✓L�S �2�-� a Cans 0 W cc Q 2 N D Cooytf� cJ 6� Tf c PS A r 1 LU / 5s,jecs0 W W 1 ry� V W ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE LU W ❑CORRECT WORK&PROCEED ElISSUE CERTIFICATE OF OCCUPANCY 0 ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY V BEFORE COVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. �PHOTOTAKEN INSPECTOR WILL RETURN AfSTOP ORDER POSTED.CALL INSPECTOR ❑CITATION ISSUED ❑INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next Inspection 24 hours in advance. (952) 249-4600 Owner/Contract n its Inspector. White CopyMspector's File Canary Copy/Site Notice DATE TIME CITY OF ORONO CALLED IN fPISPECTION NOTICE SCHEDULED PERMIT NO. 2013-W COMPLETED '{ ADDRESS Zt)[o ©Adac / OWNER • TELEPHONE NO. CONTRACTOR DESCRIPTION .J `4 FOOTING ❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAV/GRADING/FILLING Q ❑ POURED WALL El MECHANICAL RI El LAKESHORE/WETLANDS y ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL Z ElINSULATION ❑ WOOD BURNER/FIREPLACE 1:1 SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT J ❑ DEMO-SITE ❑ SEPTIC MAINT ❑ FOLLOW-UP _ ❑ DEMO-FINAL El SEPTIC INSTALL El HARD COVER REMOVAL v 1:1PLUMBING RI ElSEPTIC FINAL ElFOUNDATION/REMOVAL Z OWNER/CONTRACTOR TO MEET YOU:_YES_NO COMMENTS: W a o (CJ1RCWff 4W AnUrk/ U_ W cc Q � W l a W ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE W W ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY O ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY U BEFORE COVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. ❑ PHOTOTAKEN INSPECTOR WILL RETURN ❑STOP ORDER POSTED.CALL INSPECTOR El CITATION ISSUED ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contract o si Inspector. White Copy/inspector's File Canary Copy/Site Notice Hennepin County GIS - Printable Map Page 1 of 1 0 Ilk r Interactive Property _. Maps Map .■r it (ORF �I , . qC r R qpy D 1 P � Parcel 100 ft. N ID: 21-117-23-22-0008 A-T-B: Torrens Map Scale: 1"=�r45'`'1n� ' Print Date: 1/25/2013 Owner '�- Market Martin Gerhard $463,000 Name: Total: � w j It 10— jyv- KAUU4 Parcel 2530 Old Beach Rd Tax $4,984.28 1-11-13 Address: Orono, MN 55391 Total: (Payable:2012) Ly t. PQSW SI_P Wt(Y— ode Property Residential Sale $430,000 1- 11- 163- T� Type: Price: This map is a compilation of data from various sources and is furnished"AS IS"with no Home- Homestead Sale 03/2009 representation or warranty expressed or stead: Date: implied,including fitness of any particular purpose,merchantability,or the accuracy and completeness of the information shown. Parcel 1.4 acres Sale COPYRIGHT©HENNEPIN COUNTY 2013 Area: 61,107 sq ft Code: s& -- -• Green: � http://gis.co.hennepin.mn.us/Property/print/default.aspx?C=452656.8861976251,4975477.... 1/25/2013 �d w I4r' �� i A► e �' @�k'� � tj L 7 4'' D All' , !'', s !�+'.;. , i° ♦ : .e r J "9Ci "`'�.d" a+e+,ya M If w: .'.f•.!r t t T rY r �. .t y $l til t �� + � n � d£��•4 y �' t� .f 4� Alt � �' ►` I;f• ��� . W p� �( ., lS• 1 1fn L ♦del , { ��C' f \�� `�a� %� '�- !t 'f� R ' ' ' lt�,�;,� ` ,������e'/�'r� ��, y ���� '• �;� Alif�"a. fin!,_ y,. dig owY ' i e :r+ �►d� � 4�� \��� 'rf sem, ►a .' }�•. Y ' 'All •3!I'11 /I/r wE:. R` '�prx�4, r 1' a.+�!' ;n� 0$ �+�,� y /► r f n +r �I ,�✓��r ! � � � � ••� 'r�ir� iii �M��d fn�r`a: � r.�l hd�`I� P�'!��'w fl 4 l:•.„� , i 1 i / ,n .►� !.`.da � e� R. ...,< ► i,•�I i. it / Pfj 1 �!( ♦ / b�+: f kR ` ` f r ! ,���{�gg`r, 999 =-tea :r _ Y' ,91 f IN- 41 1AL, 4- 4K #Jill Aw • t S �.-•1� y�r-r1 �. � � �. AIL AL � � Mal t •r m' g Ali Awl t • ��, acres `1T - �' i; w .�, �►r 'ti �y`IWIN K�:� -ra _� .ate a'I�i `1 'R a► a• ' ilc •r `�]'; �.,`i1 - - ='a^'a�i •7T 14 i"�'_� ��. l f 7S••,(.•3�3•■L��p• A� .1��� 8� �'WI �1�i .Nl,�r� e« �.� r �.� � ���y~-` .. � __ -'..lv,yrs T,.� •r _ �.- � '.+ ,� !1�: "�• - � ' & `I I- Zai ` <,i �• Ir 4 AWT; VF VIA P,=' ,►y 'it i� r �.o="���` ��j11Y.f�F..7i�/5i��c�';I� h •.T�.K!'!�I�• Martin Gerhard fzecz/V,6�® 2530 Old Beach Rd 1* 1 Wayzata, MN 55391 Ci 2013 (952) 451-5697 �OFpRONO PID: 21-117-23-22-0008 March 17, 2013 City Of Orono Attn.: Ms. Christine Matson, Planning Assistant P.O. Box 66 Crystal Bay, MN 55323 Deas Ms. Matson: I am writing in response to your letter dated March 15, 2013. Firstly, I apologize in my delayed response to you since we spoke last in February. I would like to assure you that this is not for lack of initiative on my part to comply with the required Zoning Permit application as soon as possible. I have been actively speaking with a professional excavator, who is also a friend of the family, and we ase in the process of comprising the necessary measurements in order to produce a proposal with a drawing for excavation plans on our property, so as to prevent any further basement flooding issues. Personal scheduling issues have been a factor in trying to complete this action is short order, as I am out of the country for half the month each month for job related travel. I will make best efforts to submit an after-the-fact application by March 27, 2013 and will establish erosion control measures as soon as weather/snow/ice conditions permit their installation, in accordance to recommendations from the excavator and in compliance with City Code. If there are any further unseen delays, I will be sure to contact you directly with an explanation of proposed plans. I appreciate your patience and understanding with this matter. Sincerely yours, Martin Gerhard NORTH ' - 6 " '161D VARDS T IF D AlgojqL mr® I��'OpN1 ��!'� 1-B i®1 Fv- ��J�.�1 N61.1� '• � `; SILL 1111L1. SL a�F FOR L p�%,j►J fa Ilk Q7 °TE dos / SJS W C (� "A-4�6 rr i N(o NGF I:b b 0 '� 'ti � Gerhard Z53® 6 L D 13E RC IA Christine Mattson From: Christine Mattson Sent: Monday, February 04, 2013 2:30 PM To: Lyle Oman; Willie Gibbs Cc: Melanie Curtis Subject: 2530 Old Beach Road Property owner at 2530 Old Beach Road called me today. He's been out of town for the last couple of weeks and just received our letter. He says the dirt was brought in because they basement floods in the Spring and he wants to re-grade around the house. I told him to complete the zoning permit application enclosed with his violation letter, including survey work, etc. He was going to get started soon. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356(physical address) PO Box 66 Crystal Bay MN 55323-0066 (mailing address) 9 952.249.4620 A 952.249.4616 M cmattson@ci.orono.mn.us -'�) www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Monday, February 18, 2013 1 gO�VD CITY OF ORONO Street Address: I Mailing Address: I Telephone(952)249-4600 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 !,9 OOrono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us kESH � January 29, 2013 Martin & Christine Gerhard 2530 Old Beach Road Wayzata, MN 55391 RE: Illegal Fill 2530 Old Beach Road PID: 21-117-23-22-0008 City Staff observed trucks bringing fill to the property addressed above on January 11, 2013 without a permit. The haulers were sent home. On January 18, 2013 a stop work order was issued instructing you to call and discuss your proposed project with staff. To-date we have not spoken to you or received a permit application; the dirt remains on the property in violation. According to City Code Sections 78-966, 78-967(b) and 78-1286 a permit is required prior to conducting earth moving activities. This letter will serve as your notification that all fill must be removed and the area restored to its previous grades or a land alteration permit application submitted before Monday, February 11, 2013. Your property will be reinspected for compliance with this order. If you have any questions, you can reach me at 952-249-4620 or via email at cmattsonc3-ci.orono.mn.us. Sincerely, CITY OF ORONO gW' QCdkstine Mattson Planning Assistant Attachments: City Code Sections Zoning Permit Application Survey Requirements January 29, 2013 2530 Old Beach Road Page 2 of 4 Sec.78-966. Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property. (b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances of other governmental bodies. (Code 1984, § 10.03(19); Ord. No. 163 2nd series, § 1, 12-8-1997) Sec.78-967. Exception. (a) The requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. (2) Any earth movement under 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of ten cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as unusual land alterations: (1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. (2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surrounding topography. (3) Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (c) The building inspector shall have the authority to refer any requests for land alteration permits to the city council for review and approval in instances where the land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. (Code 1984, § 10.03(21); Ord. No. 163 2nd series, § 2, 12-8-1997; Ord. No. 171 2nd series, § 1, 4-4- 1998) a January 29,2013 2530 Old Beach Road Page 3 of 4 Sec. 78-1286.Topographic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. (b) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. (c) Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall not be constructed within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: (1) Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. (2) All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: (1) For movement of one through 500 cubic yards of material anywhere within the Shoreland Overlay District, a staff-issued land alteration permit shall be required. (2) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. (e) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: a. Sediment and pollutant trapping and retention; b. Storage of surface runoff to prevent or reduce flood damage; C. Fish and wildlife habitat; d. Recreational use; e. Shoreline or bank stabilization; and f. Noteworthiness, including special qualities, such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other sections of city ordinances or by other local state or federal agencies including but not limited to watershed districts, state department of natural resources, or the United States Army Corps of Engineers. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. ' January 29, 2013 2530 Old Beach Road Page 4 of 4 (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. (6) Fill or excavated material must not be placed in a manner that creates an unstable slope. (7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not create finished slopes of 30 percent or greater. (8) Fill or excavated material must not be placed in bluff impact zones. (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the department of natural resources under Minn. Stat. § 103G.245. (10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property. (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969. (f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation or the ordinary high water level are subject to approval of the department of natural resources and other agencies with concurrent jurisdiction. (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, § 8, 7-11-1994; Ord. No. 163 2nd series, § 3, 12-8-1997; Ord. No. 171 2nd series, § 2, 4-4-1998; Ord. No. 28 3rd series, § 17, 8- 22-2005) --- MAIL ^ , ---------------------------- - CERTIFIED Lu �O!V 045J83075404 CITY OF ORONO $6 . 779 a P.O.Box 66 a `�'(�`� • 7 7 9 SF G` Crystal Bay,MN 55323 �, 03/15/2013 �gk[S"OS 7007 0220 0000 1989 8180 MailedFrom55323, , RETURN SERVICE REQUESTED FIRST N00 L RGC .i • �` 0. ' l PpR 0�1 13 Martin & Christine Gerhard 3- 3 1,4113 OF 0? 2530 Old Beach Road :sic ,a►� �cE Wayzata, M P . iV.L h i "-. a J J iJ C. i t a+. i�a GG 04/Q j tf J � J_.s — 't NCLAIMED - - LINABLE TO FORWARD .."__..... CA SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. El ■ Print your name and address on the reverse X ❑Addressee so that we can return the Card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No A - � 3. S5ice Type Wa I IRegistered Mail ❑Express Mail El ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7007 0220 0000 1,989 81 8 0 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 �°moo CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952)249-4616 l9kFSHOG Orono,MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us March 15, 2013 SENT VIA U.S. CERTIFIED MAIL NO.: 7007 0220 0000 1989 8180 Martin & Christine Gerhard 2530 Old Beach Road Wayzata, MN 55391 RE: Illegal Fill 2530 Old Beach Road PID: 21-117-23-22-0008 On January 11, 2013 City staff observed trucks bringing fill to the property. A stop work order was issued on January 18, 2013. A letter dated January 29, 2013 was sent advising you of the violation on the property. As you are aware on February 4, 2013 you contacted me and indicated the fill was brought in to re-grade around the home to resolve flooding issues. To-date we have not received a zoning permit application or required submittals. City inspector visited the site on March 11, 2013 and verified the fill remains on the property and there are no erosion control measures in place. According to City Code Sections 78-966, 78-967(b) and 78-1286 a permit is required prior to conducting earth moving activities. This letter will serve as your notification that the fill must be removed and the area restored to its previous grades and revegetated. If you wish to make an after-the-fact application you must do so by March 27, 2013. A certificate of survey showing pre-fill and post-fill grades is required. Erosion control measures must be established around the perimeter of the fill immediately upon receipt of this notice. Please be advised, if you fail to comply with this notice, this matter will be sent to the City Attorney for review and may result in criminal prosecution. If ryou have any questions, you can contact me at 952-249-4620 or at cmattson@ci.orono.m • ostal Service,. CERTIFIED MAIL,. RECEIPT Sincerely, o (Domestic CITY OF ORONO ria ro ' ti III � S V� r�9 Postage $ t . Z ell !Oe (� r stine Mattson Q Certified Fee �� ) Z 9 U, Planning Assistant o V 'trdb C3 Return Receipt Fee /� �� / O (Endorsement Required) 4 c US Mail Restricted Delivery Fee (Endorsement Required) v Nps Enclosure: City Code Sections 78-966, 78-967 and 78-1, o Total Postage&Fees $ 7 7 Zoning Permit Application r` -----senr - fir C:2 Street,A . or POB A 1% o1,(� _ el 11w l /� _ am 10.7�si ��l/�+ City,Star a PS Form :0r Au,just 2006 See Reverse for Instructions March 15, 2013 2530 Old Beach Road Page 2 of 4 Sec.78-966. Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property. (b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances of other governmental bodies. (Code 1984, § 10.03(19); Ord. No. 163 2nd series, § 1, 12-8-1997) Sec.78-967. Exception. (a) The requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. (2) Any earth movement under 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of ten cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as unusual land alterations: (1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. (2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surrounding topography. (3) Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (c) The building inspector shall have the authority to refer any requests for land alteration permits to the city council for review and approval in instances where the land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. (Code 1984, § 10.03(21); Ord. No. 163 2nd series, § 2, 12-8-1997; Ord. No. 171 2nd series, § 1, 4-4- 1998) 7 March 15, 2013 2530 Old Beach Road Page 3 of 4 Sec.78-1286.Topographic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. (b) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. (c) Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall not be constructed within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: (1) Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. (2) All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: (1) For movement of one through 500 cubic yards of material anywhere within the Shoreland Overlay District, a staff-issued land alteration permit shall be required. (2) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. (e) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: a. Sediment and pollutant trapping and retention; b. Storage of surface runoff to prevent or reduce flood damage; C. Fish and wildlife habitat; d. Recreational use; e. Shoreline or bank stabilization; and f. Noteworthiness, including special qualities, such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other sections of city ordinances or by other local state or federal agencies including but not limited to watershed districts, state department of natural resources, or the United States Army Corps of Engineers. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. (6) Fill or excavated material must not be placed in a manner that creates an unstable slope. (7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not create finished slopes of 30 percent or greater. (8) Fill or excavated material must not be placed in bluff impact zones. (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the department of natural resources under Minn. Stat. § 103G.245. (10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property. (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969. (f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation or the ordinary high water level are subject to approval of the department of natural resources and other agencies with concurrent jurisdiction. (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, § 8, 7-11-1994; Ord. No. 163 2nd series, § 3, 12-8-1997; Ord. No. 171 2nd series, § 2, 4-4-1998; Ord. No. 28 3rd series, § 17, 8- 22-2005) City of Orono r Zoning Permit Application Mailing Address: Permit number: PO Box 66 Date received: y `V Crystal Bay, MN 55323-0066 Escrow#and Street Address: amount: 2750 Kelley Parkway Permit Fee: Orono, MN 55356 L�kE S1rIO gti Approved by: Fax: 952-249-4616 Notes: Main: 952-249-4600 rwv%r/.ci.orono,mn.us This application form must be completed in full and all required information must be submitted. (Please print.) Job Site Address: CONTRACTOR/APPLICANT INFORMATION: Name: Phone: Fax: Address: City: ZIP: Contact Person: Contact's phone number Email Applicant is: Contractor Homeowner (Circle One) PROPERTY OWNER INFORMATION: Name: Phone (day): Mailing Address: ZIP: Email and/or Fax Overall Project Description: Check TYPE OF PERMIT COST* Box Dock, Residential — Permanent dock on any lake or initial seasonal dock not on $50 + engineering review costs Lake Minnetonka (permanent dock requires CUP Dock, Commercial $50+ engineering review costs Escrow for erosion control and engineering review costs $2,000 Driveway Permit(New or Replacement) No charge Also re uired is a Minor or Major Land Alteration Permit Land Alteration, Major(grading, filling, or excavating) more 500 cubic yards or $50 more than 10 cubic yards in lakeshore setback(also requires CUP) Escrow for erosion control and engineering review costs As determined by CUP Land Alteration, Minor(grading, filling or excavating)—500 or less cubic yards $50+ engineering review costs outside of lakeshore setback or less than 10 yards in lakeshore setback Escrow for erosion control and engineering review costs $2,000 Retaining Wall measuring under four feet require a zoning permit. $50+ engineering review costs Retaining walls measuring more than four feet(from bottom of footings to top of wall) require a building permit. (Tiered retaining walls are considered one wall unless the walls are separated by twice the height of the lower wall.) Escrow for erosion control and engineering review costs $2,500 Stairway to Lake(New or Replacement) $50+ engineering review costs Escrow for erosion control and engineering review costs $2,000 Structure Permit for other structures not requiring a building permit but $50+ engineering review costs regulated by the zoning code (including, but not limited to accessory building of less than 120 square feet, detached deck or platform and sport court) Escrow for erosion control and engineering review costs $2,500 Tree Removal or other vegetation removal in 0 to 75 foot zone No charge. (over) *Permit fee will be collected at the time the permit is issued. Updated: December 30,2011 APPLICANT/OWNER ACKNOWLEDGEMENT: • Applicant agrees to provide all information required or requested by the Planning Department; • Owner agrees to pay the City of Orono for engineering consultant review costs where applicable; • Applicant certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that they are solely responsible for submitting a complete application being aware that upon failure to do so,the staff has no alternative but to reject it until it is complete; • Applicant acknowledges the attached Escrow Agreement is completed and signed by Owner; • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be issued. The undersigned certify that the information supplied is true and correct to the best of their knowledge. Applicant's Signature: Date: Property Owner's Signature: Date: ' SUBMISSION REQUIREMENTS: Except for tree removal permits, all permits TYPE OF PERMIT: require a completed application form, escrow agreement(signed by the property owner) and escrow check from owner, two copies of all plans, and three copies of all grading plans or surveys/site plans Dock, Residential Seasonal Dock—survey showing proposed dock Permanent Dock-plans as approved by CUP and copy of LMCD permit Dock, Commercial 1. Structural plans for the dock 2. Survey showing the proposed location of the dock 3. Copy of LMCD permit Driveway Permit 1. All Minor or Major Land Alteration Permit requirements 2. Hardcover calculations, existing and proposed 3. Driveway plans Land Alteration, Major 1. Plans as approved by Conditional Use Permit 2. Erosion control plan or copy of MCWD Erosion Control Permit Land Alteration, Minor 1. Grading plan including existing and proposed contours (Less than 10 cu.yds.within 75' of 2. Amount of fill to be imported and/or exported and haul route lake or less than 501 cu.yds 3. Amount of earth to be moved around on site elsewhere.) 4. Erosion control plan or copy of MCWD Erosion Control Permit Retaining Wall 1. Plans for wall(s) 2. Unless repair or exact replacement of existing wall, submit an updated survey with grading plan including existing and proposed contours 3. Hardcover calculation worksheets if in shoreland district 4. Erosion control plan or copy of MCWD Erosion Control Permit Stairway to Lake 1. Construction plans for stairway, including footings 2. Topographical survey of property with proposed stairs shown 3. Erosion control plan or copy of MCWD Erosion Control Permit Structure Permit 1. Plans for structure. 2. Survey of property with proposed structure shown and with setbacks to property lines, other structures on property and the septic system indicated.The general location of any sewer and water services should be shown if applicable. 3. Grading plan if grading is required 4. Hardcover calculation worksheets if in shoreland district 5. Erosion control plan or copy of MCWD Erosion Control Permit Tree Removal Call: 952-249-4600 to schedule a single tree removal inspection. A re-planting plan/ management plan required for clear cutting,buckthom or other intensive vegetation removal. Updated: December 30,2011 f � ZONING PERMIT ESCROW AGREEMENT Permit# AGREEMENT made this day of , 20_, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City")and ("Owners"). Recitals 1. A building permit application has been filed for a zoning permit for a property located at the (°Subject Property"), legally described as Hennepin County Minnesota. 2. Owner requests the City to review this application. 3. The City will commence its review of the application and inGq costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the Cil,yof its costs. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with 'thp execution of this Escrow Agreement, the Owners shall deposit $ with the City. All,accrued mtereif,1.,any, shI:�be paid to the City to reimburse the City for its cost in administering the escrow accoirjat. 2. PURPOSE OF ESCROW. The purppes of theirs row is to,,,guarantee reir bursement to the City for all out-of-pocket costs the City has incurred (includplannin'o,�engmeer'ting or leqdl'rconsultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent With, expensei 1;he,,,"d finers would be responsible for under a zoning permit application. The escr',puv will adsP` ' tee reimbur'selent to the City for all out-of- .9 u,are pocket costs the City has incurred to assurb'th'at the woe'k,:i;i.completed in accordance with the Stormwater Pollution Prevention Plan and the provisions o ,.prorio;,City Code;Chapter 79. The financial security may also be used by the City to eliminate any hazardous codf#�tioriessocia�ecnrith the work and to repair any damage to public property or infrastructure th9t is caused by the W6t� .�includirigi,`-planning, engineering, or legal consultant review) associated with permit '#: if ccmpiiance with the approved zoning permit is not accomplished. 3. MONTHLY,-BILLING As';he City receiVes consultant bills for incurred costs, the City will in turn send a bill to the Owners—,Owpgrs shall be psponsibl'e or payment to the City within 30 days of the Owners' receipt of bill. 4 ;;T;ilSBURSEI ENT FRO,'M,'1=,§CROW�" CCOUNT:. In the-event that the Owners do not make payment to the City within the timeframe'outlined,',1ri#& &`Bove, shall issue a Stop Work Order until the Owners pay all expenses invoiced pursuant to #3. The City,',rmay draw 66m the escrow account without further approval of the Owners to reimburse the'City for eligible expenses the City has incurred. , 5. CLOSING"ESSCROW.i 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 UIPAID 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: By: Its: 1►a0�1II a Dtti. k,II t�Or-4ira ttc+y lar np,10 Bea�arCr Updated: December 30,2011 Melanie Curtis From: Brandon Wisner[bwisner@minnehahacreek.org] Sent: Wednesday, April 03, 2013 4:42 PM To: Melanie Curtis Subject: RE: 2530 Old Beach Rd Melanie, District staff inspected the above listed address today and issued a stop work order requesting that all necessary bmps be installed and to apply for an after-the-fact Erosion Control permit by the end of the day Friday. I will keep you updated on the status. Thank you, Brandon Wisner Compliance Officer Minnehaha Creek Watershed District 18202 Minnetonka Boulevard Deephaven, MN 55391 Direct: (952) 641-4505 Main Office: (952)471-0590 Fax: 952-471-0682 www.minnehahacreek.org �I11 MINNEMANA CREEK WATERSHED DISTRICT Think Green - please do not print this email unless necessary From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Tuesday, April 02, 2013 1:32 PM To: Brandon Wisner Subject: 2530 Old Beach Rd See attached. 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 1 CITY OF ORONO a y Street Address: Mailing Address: Telephone(952)249-4600 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 ly tiG Orono,MN 55356 Crystal Bay,MN 5www.d.oronomn.us ww .d.orono.mn.us kESHO� April 17, 2013 Steve Bums Bums Excavating, Inc. 3470 County Road 21 Mayer, MN 55360 Re: 2530 Old Beach Road Building Permit Application#2013-00242 On April 12, 2013 the City received a zoning permit application for an after-the-fact minor land alteration at 2530 Old Beach Road. Your application is incomplete. The following items must be submitted or revised in order for your application to be considered complete and for the plan review to continue: 1. Certificate of Survey. A hand drawn plan was submitted which does not meet our survey requirements. Please provide 2 copies of an updated, full size certificate of survey which meets all of the City's survey standards (enclosed) indicating the pre-existing grades and location of the proposed fill (and any proposed grading) as well as all existing buildings, structures, landscaping, retaining walls and hardcover on the property. 2. Fill Calculations. Please provide copies of the load slips and/or have the surveyor calculate the amount dirt brought to the site. 3. Minnehaha Creek Watershed District(MCWD). You are required to contact the MCWD regarding your proposed project to determine if your project triggers any of the MCWD permitting requirements. The City of Orono will not issue a zoning permit without a copy of the permit from the MCWD or written documentation stating the proposed project does not trigger any MCWD permitting requirements. Also, we understand the MCWD issued a stop work notice for the property. Please provide copies of all MCWD permits to document compliance with their rules. 4. Escrow & Escrow Agreement. Permits involving grading and/or review by the City's engineer require submittal of an escrow and an escrow agreement. The purpose of the escrow is to guarantee reimbursement to the City for out-of-pocket costs incurred during the review of your plans. Additionally this escrow will guarantee conformance with City Code Chapter 79 relating to erosion control and stormwater. The required escrow amount for this project is $2,000. The property owner must sign the enclosed escrow agreement and submit a check for$2,000. The property remains in violation. The above items must be submitted before Monday, April 29, 2013 or this matter will be sent to the City attorney for review and possible criminal prosecution. Please feel free to contact me at 952.249.4620 or by email at cmattson@ci.orono.mn.us if you have any questions. Sincerely, CITY OF O�RON�IO�A C ristine Mattson Planning Assistant c Martin & Christine Gerhard; 2530 Old Beach Road;Wayzata, MN 55391 Steve Bums via email at steve0bumsexcavating.net Lyle Oman, Building Official enclosures ` ZONING PERMIT ESCROW AGREEMENT Permit#2013-00242 AGREEMENT made this day of , 20_, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Martin &Christine Gerhard ("Owners"). Recitals 1. A zoning permit application has been filed for a property located at 2530 Old Beach Road the ("Subject Property"), legally described as , 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$2,000 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#2013-00242 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. S. 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: By: Its: !'M EfY 's ID wlttaq"t© lanttlt� 1t✓F{;$F 'Wl'k �t 1"ALV 'GGQL {I'� f City of Orono Zoning Permit Application O Mailing Address: Permit number: L- PO Box 66 Date received: Crystal Bay, MN 55323-0066 Escrow#and Street Address: amount: > 2750 Kelley Parkway Permit Fee: Orono, MN 55356 F` <' Approved by: gkESHOR� Fax: 952-249-4616 Notes: Main: 952-249-4600 www.ci.orono.mn.us This application form must be completed in full and all required information must be submitted. (Please print.) Job Site Address: (°;I() 11 gti lr l� �C� 1 -y1QL17AT_kA , "/d CONTRACTOR/APPLICANT INFORMATION: Name: -4rA 0 t. Phone: l gs Z S q 5,5 - 3 i 17- Fax:l qsz 1 41 SZ77� Address: "71) 111jL4A-IfL1 City:44b4,jl��_ ZIP: (y/� Contact Person: 5 rj;, u L la_,211,L S Contact's phone number la 1 Z Email �7L"�LJ/�jtr2A15 ,�rCiyG4n�n;�, � i Applicant is: ntracto Homeowner (Circle One) PROPERTY OWNER INFORMATION: Name: ol_ ' 7 - Phone (day): -Z �- - -- Mailing Address: q+ ZIP: Email and/or Fax Overall Project Description: j j( Jjg1ZZvtA,V1 114 -tom Check TYPE OF PERMIT COSTBox * Dock, Residential- Permanent dock on any lake or initial seasonal dock not on $50 + engineering review costs Lake Minnetonka (permanent dock requires CUP Dock, Commercial $50+ engineering review costs Escrow for erosion control and engineering review costs $2,000 Hardcover Permit: Driveway, Patio, Sidewalk, Etc. (New or Replacement) No charge Also required is a Minor or Major Land Alteration Permit Land Alteration, Major(grading, filling, or excavating) more 500 cubic yards or $50 more than 10 cubic yards in lakeshore setback (also requires CUP) Escrow for erosion control and engineering review costs As determined by CUP / Land Alteration, Minor (grading, filling or excavating) -500 or less cubic yards $50+ engineering review costs outside of lakeshore setback or less than 10 yards in lakeshore setback Escrow for erosion control and engineering review costs $2,000 Retaining Wall measuring under four feet require a zoning permit. $50+ engineering review costs Retaining walls measuring more than four feet(from bottom of footings to top of wall) require a building permit. (Tiered retaining walls are considered one wall unless the walls are separated by twice the height of the lower wall.) Escrow for erosion control and engineering review costs $2,500 Stairway to Lake (New or Replacement) $50+ engineering review costs Escrow for erosion control and engineering review costs $2,000 Structure Permit for other structures not requiring a building permit but $50+ engineering review costs regulated by the zoning code (including, but not limited to accessory building of less than 120 square feet, detached deck or platform and sport court) Escrow for erosion control and engineering review costs $2,500 Tree Removal or other vegetation removal in 0 to 75 foot zone No charge. Temporary Construction Office/Trailer associated with building permit) $30 (over) *Permit fee will be collected when the permit is issued. Updated: November 30,2012 APPLICANT/OWNER ACKNOWLEDGEMENT: i • Applicant/Owner agrees to provide all information required or requested by the Planning Department; • Owner agrees to pay the City of Orono for engineering consultant review costs where applicable; • Applicant/Owner certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete; • Applicant acknowledges the attached Escrow Agreement is completed and signed by Owner; • Applicant/Owner understands their project may require an initial and as-built survey per City Code Section 86-68. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be issued. The undersigned certify that the information supplied is true and correct to the best of their knowledge. Applicant's Signature: � - �, , _ Date: ZZ 21 Property Owner's Signature: Date: SUBMISSION REQUIREMENTS: Except for tree removal permits, all permits TYPE OF PERMIT: require a completed application form, escrow agreement (signed by the property owner) and escrow check from owner, two copies of all plans, and three copies of all grading plans or surveys/site plans Dock, Residential Seasonal Dock–survey showing proposed dock Permanent Dock–plans as approved by CUP and copy of LMCD permit(if applicable) Dock, Commercial 1. Structural plans for the dock 2. Survey showing the proposed location of the dock 3. Copy of LMCD permit Hardcover Permit 1. All Minor or Major Land Alteration Permit requirements apply as appropriate 2. Hardcover calculations, existing and proposed 3. Plans Land Alteration, Major 1. Plans as approved by Conditional Use Permit 2. Erosion control plan or copy of MCWD Erosion Control Permit Land Alteration, Minor 1. Survey/grading plan including existing and proposed contours (Less than 10 cu.yds. within 75' of 2. Amount of fill to be imported and/or exported and haul route lake or less than 501 cu.yds 3. Amount of earth to be moved around on site elsewhere.) 4. Erosion control plan or copy of MCWD Erosion Control Permit Retaining Wall 1. Plans for wall(s) 2. Unless repair or exact replacement of existing wall, submit an updated survey with grading plan including existing and proposed contours 3. Hardcover calculation worksheets if in shoreland district 4. Erosion control plan or copy of MCWD Erosion Control Permit Stairway to Lake 1. Construction plans for stairway, including footings 2. Topographical survey of property with proposed stairs shown 3. Erosion control plan or copy of MCWD Erosion Control Permit Structure Permit 1. Construction plans. 2. Survey of property with proposed structure shown and with setbacks to property lines, other structures on property and the septic system indicated. The general location of any sewer and water services should be shown if applicable. 3. Grading plan if grading is proposed. 4. Hardcover calculation worksheets 5. Erosion control plan or copy of MCWD Erosion Control Permit Tree Removal Call: 952-249-4600 to schedule a single tree removal inspection. A re-planting plan/ management plan required for clear cutting, buckthorn or other intensive vegetation removal. Updated: November 30, 2012 q � r ZONING PERMIT ESCROW AGREEMENT Permit# AGREEMENT made this day of , 20_, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and ("Owners"). Recitals 1. A building permit application has been filed for a zoning permit for a property located at the ("Subject Property"), legally described as 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 $ 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 # 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: By: Its: Internal Use Only: G Original to Planning Department G Copy to Street File Updated: November 30,2012 N ' t f Of Orono Kelley Parkway Orono NN 55YI& 952-249-4500 Receipt No: 3.008700 Apr 12, 2013 2530 Old Beach Rd / #22013-00242 Planning and Zoning Zoning Permit #2013-Q0242 50.00 101-34420 Cond Use-Variance-Dev Fees Planning and Zoning ATF Zoning Permit Fee 50.00 101-34420 Cond Use-Variance-Dev Fees Total: 100.00 Check Check No: 24093 100.00 Payor: 2530 Old Beach Rd / #2013-00242 Total Applied: 100.00 Change Tendered: .00 04/12/2013 10:43AM