HomeMy WebLinkAboutRe: complaint �� .�/�� � DATE TIME
CITY OF OR�NO " � CALLED IN
INSPECTION NOTICE SCHEDULED 1 —1d
PERMIT NO. COMPLETED
ADDRESS I� �}� ��"tiJl � �
OWNER TELEPHONE NO.
CONTRACTOR
>; DESCRIPTION �Y���1 ��Ar��" � �'� �����C�,
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� ❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAV/GRADING/FILLING
Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORENVETLANDS
y ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL
� ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION
Z
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
J ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL
� OWNERICONTRACTOR TO MEET YOU:_YES_NO
� COMMENTS:
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W ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE
� O CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY
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O ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY
V BEFORECOVERING PERMANENT
❑CORRECT UNSAFE CONDITION WITHIN HOURS. ��HOTO TAKEN
INSPECTOR WILL RETURN
❑STOP ORDER POSTED.CALL INSPECTOR �CITATION ISSUED
❑ INSPECTION RE�UIRED.CALL TO ARRANGE ACCESS.
Ca11 for the next inspection 24 hours in advance. (J52� 249-4600
OwnerlContractor o si .
Inspector.
White Copyll�spector's File Canary Copy/Site Notice
- Municode Page 1 of 3
� Sec. 78-1577. - Exterior storage in R districts.
In all R districts, it is the responsibility of the owner of any property, improved or unimproved, to maintain the
outdoor areas; including courtyards and the like, of the property and adjacent rights-of-way in a manner that complies
with the following requirements.All recreational vehicles, mobile homes, camping trailers, motor homes, pickup
coaches, travel trailers, special mobile equipment, and utility trailers shall meet the requirements of this Code.
Additionally, all exterior storage must comply with subdivision (6)of this section.
��� Definitions:
a, Blight means a deteriorated condition, something that impairs or destroys.
b, Junk means any cast-off, damaged, discarded,junked, obsolete, salvage, scrapped, unusable,
worn-out or wrecked object,thing or material composed in whole or in part of asphalt, brick,
carbon, cement, plastic, or other synthetic substance, fiber, glass, metal, paper, plaster, plaster
of paris, rubber, terra cotta,wool, cotton,cloth, canvas, organic matter or other substance,
regardless of perceived market value or requiring reconditioning in order to be used for its
original purpose.
c. Recreational vehicle. Mobile home and recreational vehicle shall mean and include the following
definitions, and shall not include any manufactured housing unit bearing a State of Minnesota
manufactured housing seal or certificate,for uses including but not limited to those listed below:
1. Camping trailer means a folding structure, mounted on wheels and designed for travel,
recreation and vacation uses, also called a pop-up camper.
2. Motor home means a portable,temporary dwelling to be used for travel, recreation and
vacation, constructed as an integral part of a self-propelled vehicle.
3. Pickup camper means a structure designed to be mounted on a truck chassis for use as a
temporary dwelling for travel, recreation and vacation.
4. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used
as a temporary dwelling for travel, recreational and vacation uses, permanently identified
as a travel trailer by the manufacturer of the trailer.
d. Specia/mobile equipment means every vehicle not designed or used primarily for the
transportation of persons or property and only incidentally operated or moved over a highway,
including but not limited to: ditch digging equipment, moving dollies, pump hoists and other well-
drilling equipment, street sweeping vehicles, and other machinery such as asphalt spreaders,
bituminous mixers, bucket loaders,tractors other than truck-tractors, ditchers, leveling graders,
finishing machines, motor graders, road rollers, scarifiers, earth-moving equipment.The term
does not include travel trailers, dump trucks,truck-mounted transit mixers,truck-mounted feed
grinders, or other motor vehicles designed for the transportation of persons or property to which
machinery has been attached.
e. Utility trailer means any motorless vehicle, other than a boat trailer or personal watercraft trailer,
designed for carrying of snowmobiles, motorcycles, all terrain vehicles, or property on its own
structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer drawn
by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a
portion of the weight of the motor vehicle to which it is attached.
(2) (Parking regu/ated.]Parking of recreational vehicles, mobile homes and utility trailers shall be regulated
as follows:
a. It is unlawful for any person to park a mobile home or recreational vehicle upon public property
for human habitation
b. It is unlawful for any person to park or store a utility trailer, mobile home, recreational vehicle in
any"R"district for more than 24 hours, except in a side or rear yard at least five feet from any
property line.
c. It is unlawful to use a mobile home or recreational vehicle for human habitation on any private
property for more than 72 hours without a permit from the city.
(3) Vehicle storage.All vehicles parked or stored on any property within the city shall be operable and
currently licensed.The parking of vehicles, other than recreational vehicles, in"R" districts is regulated
as follows:
a. Parking of vehicles other than recreational vehicles,with a maximum gross vehicle weight(GVV�
of 14,000 pounds or less is allowed in all "R"districts.
b. Parking of vehicles in "R"districts in excess of 14,000 pounds GVW has the potential to create
negative impacts on the surrounding neighborhood. These impacts may include noise(from
operation as well as maintenance of vehicle); vibration; glare; odors; soil/water contamination
(from dripping,washing, etc.); hazards to pedestrians by way of proximity, especially on private
roads;wear and tear on local or private roads; propensity to offload remaining cargo on site at
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. IVaunicode Page 2 of 3
end of day;and visual incompatibility with the character of a neighborhood. Such use may be
acceptable under certain conditions in zoning districts where lot areas are generally two acres or
larger.Therefore, parking of such vehicles requires each of the following conditions be met:
1. Property owner must be vehicle owner or operator.
2. Vehicle must be set back 50 feet from property lines.
3. Vehicle must not be visible from neighboring properties and public streets;vegetative
screening is preferred.
4. Maintenance of said vehicle shall occur within an enclosed building.
5. The vehicle shall not constitute a nuisance at any time.
6. In a shared driveway situation,the applicant shall demonstrate that the appropriate
easement exists.
7. Minimum lot size of five acres. For any property at least two acres but less than five acres
in area,where it can be shown that prior to the effective date of this section such a vehicle
was previously stored on a regular basis prior to and after January 1,2004,a vehicle
storage permit may be granted if the above conditions a.through f.are met,subject also
to the following limitations:
i. A vehicle storage permit may only be issued for properties within the RR-1 B, RR-
1A,and LR-1A zoning districts.
ii. Such permit shall be granted only to the current property owner and only for the
specific vehiGe applied for.The current owner may replace the vehiGe in kind, but
shall not add other such vehicles.Any replacement vehicle must be registered with
the city within 30 days to transfer its permitted status.
iii. This permit shall not apply to subsequent property owners, subsequent property
owners shall not be considered as having a grandfathered permit by virtue of their
predecessor's permit.
iv. This permit shall automatically and permanently expire if the vehicle storage is
voluntarily discontinued for a period of one year.
(4) (Storage of boats and boat trailers.J Boats, unoccupied boat trailers, and boats on trailers shall be
subject to the following storage requirements when not stored for commercial purposes:
a. Licensing, operability and restorations.All boats stored outside on a residential property shall be
licensed to the owner or occupant of the property.All boats stored on a property shall be in
operable condition,except that inoperable boats under active restoration may be stored on a
property for not more than two years,the intent being to discourage the long-term storage of
inoperable boats on residential property.
b. Principal residence required. No boat shall be stored on a property or on a group of contiguous
commonly owned properties that does not contain a principle residence structure.
c. Maximum/ength. Boats and unoccupied boat trailers exceeding 30 feet in length shall not be
stored on any residential property except within a fully enclosed building meeting all applicable
zoning and building code standards. Exception: Existing boats over 30 feet in length which are
documented to have been stored on the property within the 24 months prior to the effective date
of the ordinance from which this section is derived shall be allowed to continue such storage
practice until the property is sold, and shall meet the setback requirements of this section.
d. Allowed storage locations. Boats and unoccupied boat trailers up to 30 feet in length may be
stored outside on residential property as follows:
1. Lakeshore/ots. Boats may be stored in a side yard, street yard,side street yard and
lakeshore yard as long as they meet required setbacks and have no significant impact on
lake views enjoyed by adjacent neighbors.
2. Nonlakeshore lots. Boats maybe stored in a side yard and rear yard;trailerable boats may
be stored on trailers in a driveway in a front yard or side street yard.
e. Required setbacks. Boats and unoccupied boat trailers shall be stored no less than five feet from
any lot line and no less than 15 feet from the principal residence structure on any adjacent lot.
f. Screening. Screening is not required for outside boat storage when in conformance with this
section. If boats are shrink wrapped,white is the preferred color but is not mandatory.
g. Dispute resolution. Complaints regarding boats stored in lakeshore yards and potentially
impacting a neighbor's views of the lake will be referred to a dispute resolution committee,
consisting of the planning director,the building official,and a member of the planning and zoning
staff.
(5) �Prohibited parking or storage.J Outdoor parking or storage of special mobile equipment as defined in
this sedion shall be prohibited in any"R"district.
(6) Prohibited material storage.Any violation of this section is subject to abatement upon seven days'
written notice to the owner of private premises on which such material is found or any conditions in
violation of this code section exist.The owner of the property will be determined as shown by the
records of the office of the county recorder.The city may remove such matter or correct any conditions
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� �1V�unicode Page 3 of 3
in violation,and certify the cost of such removals or corrections as any other special assessment.
Additionally,the city may also seek injunctive relief for violation of this section. Owners of private
property shall remove and keep removed from all exterior areas of all residential properties the following
items:
a. Pest harborage.All exterior property shall be free from rodent harborage and infestation. Boxes,
lumber,scrap metal,and similar materials shall not be allowed to accumulate outside a structure
in a manner that attracts an infestation of pests. Materials permitted and approved for exterior
storage shall be neatly stacked.
b. Trash and debris.
1. All household garbage,offal, dead animals,animal and human waste,and waste
materials.
2. Accumulations of litter,glass, scrap materials(such as wood, metal, paper,and plastics),
junk,combustible materials, stagnant water, plastic bags or trash.
3. Accumulations of clothing and any other items not designed for outdoor storage.
c. Non-trash items.
1. Accumulations of wood pallets.
2. Accumulations of vehicle parts or tires.
3. All construction and building materials unless such materials are being used at the time in
the construction of a building, in which case such construction must be permitted and on a
continuous, uninterrupted basis.
4. All appliances or appliance parts.
5. All indoor or upholstered furniture of a type or material which is deteriorated by exposure
to outdoor elements.
6. All recyGing materials except for reasonable accumulations,amounts consistent with a
policy of regular removal,which are stored in a well-maintained manner according to
Chapter 50 and Chapter 54.
7. All other non-trash items which:
(i) Are of a type or quantiry inconsistent with normal and usual use;or
(ii) Are of a type or quantity inconsistent with the intended use of the property; or
(iii) Are likely to obstruct or impede the necessary passage of fire or other emergency
personnel.
d. Fertilizer and burial of waste. No person shall leave,deposit, or cause to be placed on any
private ground any garbage, sewage,waste,debris,carcass,or other substance or matter which
is offensive or unhealthy by decomposition unless the same be buried at least three(3)feet
under the surface of the ground; provided,that the use of manure and phosphorous free fertilizer
in the normal course for agriculture or horticulture is permitted.
(Code 1984,§10.60(13);Ord.No.206 2nd series,§1,9-10-2001;Ord.No.4 3rd series,§2,f 1-11-2003;Ord.No.213rd series,§1,11-
8-2004;Ord.No.29 3rd series,§§1-3,10-24-2005)
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Hennepin County Property Map Print Page 1 of 1
Hennepin County Property Map - Tax Year: 2010
The data contained on this page is derived from a compilation of records and maps and may mntain discrepancies that can only be disdosed by an accurate survey pertormed by a licensed
land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The information on this page should be used for reference purposes only.
Hennepin County does not guarantee the accuracy of material herein contalned and is not responsible for any misuse or misrepresentation of this information or its derivatives.
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Selected Parcel Data Date Printed: 2/24/2011 11:43:34 AM
i' - �• Parcel ID:07-117-23-33-0006 Current Parcel Date: 2/4/2011
Owner Name:]T NYGARD&K M NYGARD
Parcel Address: 1386 REST POINT RD,ORONO, MN 55364
Property Type: RESIDENTIAL LAK Sale Price: $255,000.00
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Homestead: HOMESTEAD Sale Date: 04/1996
Area (sqft): 11736 Sale Code:WARRANTY DEED
, Area (acres):0.27
' A-T-B: ABSTRACT
Market Total: $922,000.00
� Tax Total:$8,801.42
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.� o,�,.
p � CITY of ORONO
���_,, Municipal Offices
'\.
�1 ; D+ Street Address: Mailing Address:
"�'`� ����+� G,y,�' 2750 Kelley Parkway P.O.Box 66
.t ,� Orono,MN 55356 Crystal Bay,MN 55323-0066
�kESH�g'
121u1y 2012
Jay&Kendall Nygard
1386 Rest Point Road
Mound, MN 55364
RE: June 28,2012 Letter to Orono City Administrator �
M r. &M rs. Nyga rd,
We have received your letter to City Administrator Jessica Loftus dated June 28, 2012 requesting an update on the
January 17,2012 complaint filed by you regarding the property at 1385 Rest Point Road. A complainant is always
welcome to inquire about the status of a complaint or violation. However it is not the City's standard practice to offer
status updates or progress reports to complainants regarding property violations as they are classified as ongoing
investigations until closed.
Regarding your complaint specifically, upon receipt of your January letter the City opened a violation investigation
and issued a notification to the property owner detailing the specific violations verified by City Staff. The confirmed
violations of City code included noncompliance with a 2002 variance approval(Resolution No.4834)and unresolved
open building permits. The property owner responded by providing the City with inspection reports documenting
final inspections on open building permits and by modifying the detached garage doors to meet the variance approval
requirements.A deadline was provided and complied with;this violation file has been closed. You are welcome to
review the City's street files for individual properties at City Hall during regular office hours.
The fence within the 75' lake setback existed in its current location prior to the construction of the attached garage
addition in 2003 and is considered an existing nonconforming fence. It is allowed to remain. The portion paralleling
the property line and extending toward Rest Point Road was constructed sometime shortly thereafter. In 2006,the
City notified the property owner of its belief that the height of the fence within the 30'street yard exceeded that
which was allowed. The fence was modified and inspected;the file was closed.
According to our Public Works street superintendent,the bituminous curb in front of 1385 Rest Point Road was
originally installed by the City. It is possible a private company may have caused the damage to the curb; however we
do not have any information regarding the damaging party. The curb repair was completed as part of the City's
normal patching operations in the fall to prepare the roads for the upcoming winter. In terms of time spent removing
and replacing the broken bituminous curb,we don't have any records outlining these specific costs.
Please be advised the City considers the violations to be closed or resolved. There is no further follow up planned.
Sincerely,
CITY OF ORONO
Melanie Curtis
Planning&Zoning Coordinator
c: lessica Loftus,Orono Cit�rAdministrator
Telephone(952)249-4600 •Fax(952)249-4616
www.ci.orono.mn.us
RECEIVED �i2i2o12
Melanie Curtis
Planning& Zoning Coordinator JU� 3 ' 2012
City of Orono CITY OF ORONO
2750 Kelley Pazkway
Orono, MN 55356
Dear Ms Curtis,
Given the City of Orono's past intimidation tactics in regards to our property, we are not surprised that
the City of Orono would go to extremes to prevent us from using our own property legally within the
Orono city code. The City of Orono has decided to support and inflame the tactics of a select group of
neighbors without doing any actual investigation into the matter. We did not even receive a phone ca11
from the city questioning our recent installations. The city jumped straight to stop work orders and
threatening letters. This is very ironic as we have made an official complaint about a sitting city
council member that the City of Orono will not even respond to.
Your letter dated June 29,2012 completely displays the lack of understanding you, Melanie Curtis, and
the Orono staff/city officialshave regazding the Orono city code. Ignoring the fact that the City of
Orono does not have anything in it's code to control wind turbines,thus relegating your letter to be
meaningless, we will explain why our flagpoles are allowed. According to Webster's and
Dictionary.com, a'Generator' is defined as:
gen•er•a•tor
�jen-uh-rey-ter] noun
1. a rnachine that converts one form of energy into another, especially into electrical energy, as a
dynamo,or electrical energy into sound, as an acoustic generator.
We do not have any'Wind Generators' in our yard, as you claim,as there is nothing that is converting
one form of energy to another. What we did install are 2 flagpoles with different decorative features on
the top of them. The city of Orono does not control flagpoles as to location or decora.tive features,
therefore,no building permit or other city approval was needed. In fact,flagpoles are allowed all over
the City of Orono with very little restriction at all. How many other stop work orders for flagpoles has
the City of Orono issued with or without any investigation? Please also submit to us any building
permits issued by the City of Orono for flagpoles within the City of Orono,which did not require a
conditional use permit.
Further, one of the flagpoles has a US flag on it. Proper protocol for maintaining an outdoor US flag
overnight is to keep the flag lit up during the night time hours. This is a long standing custom which is
practiced all over the US, including Orono,and by government entities as well.
Your attempt to use the 0-75'hardcover ordinances to prosecute and intimidate us makes absolutely no
sense. We have mitigated the hardcover from these 2 flagpoles better than 1-1 by removing other items
in the 0-75' setback. You,Melanie Curtis,would ha.ve known this if you had decided to do any actual
investigation into the issue.
Many construction activities do not require a building permit in Orono,and you do not have the
right or authority to prohibit us from improving our property doing such things as other
residents do as well. Our neighbor, Pat Walsh, 1390 Rest Point Road, installed a light pole with.in the
0-75' setback area and the City of Orono did not attempt to interfere or threaten him in any way.
Furthermore, if you perform an investigation regarding the installation of Mr. Walsh's light pole,you
will likely determine it was done without obtaining an electrical permit. Please explain the difference
in his pole and our poles so we can better u.nderstand any difference, if there is one. We have 2 former
clothesline poles,now re purposed to other uses, installed over a year ago in the same setback area.
The City of Orono did not cite zoning violations and issue Stop Work orders. It is very hazd to follow
your reasoning leading us to believe that the city code is not what you really care about,but punishing
us at the neighbor's biding is.
We expect a prompt and timely response to this letter as you have set in motion a deadline of July 9,
2012 for the removal of our flag poles or we will face criminal prosecution or civil enforcement.
Assuming this is simply a mistake on your part, we would like to put this matter behind us and move
forward.
Sincerely,
� � y
�ti�
J y T gard Kendall M Nygazd
1386 Rest Point Road 1386 Rest Point Road
Orono, MN 55364 Orono, MN 55364
cc Lili McMillan
Dave Rahn
Cynthia Bremer
Doug Franchot
Aaron Printup
Soren Mattick
Paul Merwin
Milt Nordmeyer