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04-13-2020 Council Packet
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04-13-2020 Council Packet
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<br />April 6, 2020 <br />City of Orono <br />Mayor Walsh & Councilmembers <br />2750 Kelley Parkway <br />Orono, MN 55323 <br />SENT VIA US MAIL <br />AND E-MAIL <br /> <br /> <br />Re: Vogstrom Conditional Use Permit <br /> <br />Dear Mayor Walsh and Councilmembers: <br /> <br />This office represents Greg and Kelli Hueler (the “Huelers”) who reside at 2715 Pence Lane <br />(“Hueler Property”), Orono (“City”), Minnesota. This letter pertains to the conditional use <br />permit (CUP) application (the “Application”) by Paul Vogstrom (“Vogstrom”) to construct a <br />shower in a detached garage at 2710 Pence Lane, Orono, Minnesota (the “Vogstrom Property”). <br />The Vogstrom Property is still in violation of the City’s shoreland ordinance and state shoreland <br />rules, as well as the subdivision resolution that created the parcel. Pursuant to Minnesota law <br />and City Code the City must address the violations in conjunction with the Application; and as <br />long as the violations exist, the City cannot make the findings required to issue a CUP. <br />The Vogstrom Property, together with the property at 2709 Walters Port Lane, Orono, Minnesota <br />(the “Dunkley Property) are currently the subject of ongoing proceedings related to violations of <br />the City and state shoreland rules. These properties were previously a single parcel and have <br />been the subject of substantial shoreline alterations in violation of the City code state shoreland <br />rules. <br />In September of 2019, the Minnesota Department of Natural Resources issued restoration orders <br />to both the Dunkley Property and the Vogstrom Property (RPN: F890592922006) arising out of <br />the unlawful fill and excavation below the ordinary highwater level. The activities on the <br />properties constitute a violation of Minnesota Rules, and by extension, a violation of the City <br />Code. These proceedings have not been resolved and the required restorations have not yet been <br />completed on either property. <br />The Vogstrom Property has also repeatedly violated the conditions of subdivision approval (File <br />No. LA18-000072) related to the shared driveway with the Hueler Property. Specifically, <br />conditions number 4 and 6: <br />Subdivision Condition No. 4 <br />No driveway connection over Lot 2 to the private driveway shared by Lot 2 and 2715 <br />Pence Lane shall be provided for Lot 1 or any other lot.
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