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HomeMy WebLinkAboutRe: zoning violation O t CITY of ORONO ,�, l� :�� !�► i Municipal Offices Street Address: Mailing Address: '9$ gp4 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 October 3, 1995 Pratbernon Annick 420 Tonkawa Road Long Lake, MN 55356 i i RE: Zoning Violation at 3505 Watertown Road Dear Ms. Annick: i Upon a routine inspection of your rental property located at the above address, the Building Inspector noted certain improvements completed at the residence that were not authorized via a building permit. During that inspection,the Inspector was also advised by an unnamed female renter that the residence had two rental units. There is no record of building permits being issued for any improvements within this structure nor would a duplex use be allowed within this single family residential zoning district. The duplex code only allows a duplex unit on properties located immediately adjacent to a commercial zoning district. The subject property is located in the RR-1B,Rural Residential Zoning District requiring a minimum of two acres in area per residential unit. The property is not adjacent to a commercial zoned property. The records of the City classify the residence as a single family residential use. It is not clear when you authorized certain improvements to this structure that would have created the two independent residential units. Please contact the Ci offices no later than Monday, October 16, 1995 so that we may meet with you at the site to inspect the facility and discuss the necessary alterations to bring the structure back into conformance. Failure to respond to the specified deadline will result in a citation being issued to you and the matter referred to the City Attorney's office for appropriate legal action. Telephone (612) 473-73S7 • FAX 473-0510 Annick Pratbernon 420 Tonkawa Rd. Long Lake, MN 55356 Mrs. Jeanne Mabusth City of Orono October 11, 1995 i Dear Mrs. Mabusth As to our agreement on Monday October 9 I would like to reiterate that no one will be living on the ground floor of the house at 3 505 Watertown Road as long as the stairway connecting to the upstairs is not reinstalled. The space is used by myself as storage area. I had no intent nor will I have in the future of renting it as a separate unit from the rest of the house. I have talked to my friend and she will be ready to move within thirty days, however, due to house rental timing it may be difficult for her to find adequate lodging by November 10. I wondered if a deadline of December first would not be more fair in order to give her time to find an appropriate home. I will leave that up to you. Sincerely, �.r+F Annick Pratbernon OCT 13 1995 o 0 CITYof ORONO � t i�UIIICI Offices Street Address: Mailing Address: �'qk H0 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 October 16, 1995 Annick Pratbernon 420 Tonkawa Road Long Lake, MN 55356 Dear Ms. Pratbernon: Staff is in receipt of your letter dated October 11, 1995. Staff will extend the deadline for your renter to vacate the lower level residential unit to December 1, 1995. Staff would like to thank you for your immediate response and cooperation on this matter. Please notify my office when your renter has vacated the facility. Sincerely, Jeanne A. Mabusth Building & Zoning Administrator JAM/lsv cc: Lyle Oman, Building Official Bruce Vang, Field Inspector Telephone (612) 473-7357 • FAX 473-0510 HC 4559(6195) STATE OF MINNESOTA FOUR7 TUDICIAL DISTRICT COURT COUNTY OF B ENNEPIN DIVISION, �NNIGIL P- - A . #56;F400 Plaintiffs)/Owner (street address) UNLAWFUL DETAINER COMPLAINT -vs- CASE NO. Ga--r�+>:r�►�E .i. tit i4��-LEy _ • S -EV N J,. C70-- ! >✓L1t J Defendant(s)/Tenant (name of person signing complaint)states upon oath: 1. Landlord leased or rented to tenant(s)on M,4Y i 9 , 19 9 4. by an oralla�e;agreemert rhe premises at: •r OFAD Apartment , and garage ,in the city of County of Hennepin, , Minnesota. The agreement was from J vn e- ► , v1 i(. to q9 The current rent due and payable under this agreement each month is$ loco due on the i S4- day of each month, p i u.5 "-k L;-H e S . 2. The owner of the premises described above is A tiI j 1 12- til . P 2 iqT p�c�'�-�O N 3. Owner having present right of possession of said property,has complied with M.S. 504.22 by: a. disclosing to tenant either in the rental agr=nent or otherwise in writing prior to commencement of tenancy the name and address of: 1. the person authorized to manage premises AND 2. an owner or agent authorized by owner to accept service of process and receive and give receipts for notice and demands AND b. posting in a conspicuous place on the premises a printed or typewritten notice containing the above (where posted) OR information: c. the above information was known by tenant(s)not less than 30 days before the filing of this action because: C {7 E S c t��, 1 i'-v, 1 I q.v t Y1 -k -k y'a r-,L4 S In Ve ',�.i;✓► 1�5 Vt C�vi•� C*-�vLC< <i CICt K S S C•.1 4. Owner seeks to have the tenant evicted for the following reasons: a. The tenant is still in possession of above premises and has failed to pay rent due for the month(s)of Ci in the amount of$ l o plus 1,12 pts.r' in the amount of S 1, = for a total due of$ b. The tenant has failed to vacate property after tenant was given written notice to do so. This notice was served on tenant on and tenant was told to vacate the property by ✓ c. The tenant has broken the terms of the rental agreement with property owner by: (be specific) , � •t.Ct 'L t - .i-N. M '' i 1 -h `fin `.��, i 1 CJ n 5. The property owner seeks judgment against the above tenant(s) for restitution of said prerruses pus costs an disbursements herein. Verification and Affidavit of Non Military Status being duly sworn, says that he is ply tif in this action, that he has read the complaint and that it is true of h own knowledge; that defendant(s) is/are no now in the military or naval service of the United States,to the best of h_information and belief. Subscribed and(sworn to) (affirmed under penalties of pequry)before m�e on g �� S 19 ` Signed -- %4-"J Phone 1 75 170Z, 1 Z Court Clerk or Notary § 10.27 Subd. 4. Accessory Uses. Within any "RR-lA" One Family Rural Residential District, the following uses shall be a permitted accessory use: A. Any accessory use as regulated in the "R-lA" District and "Animals" as regulated in Section 10.20, Subdivision 3, Subparagraphs M and N. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 Subd. 5. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. B. Lots. The following minimum requirements shall be observed: Side Yard Lot Lot Front Side Adjacent to Rear Area Width Yard Yard Street Yard 5 acres 300 feet 100 feet 50 feet 100 feet 100 feet SBC. 10.28. RR-IB ONE FAMILY RURAL RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "RR-lB" One Family Rural Residential District is intended to provide a district which will allow a combination of low density residential development and limited agricultural activity. Subd. 2. Permitted Uses. Within any "RR-1B" One Family Rural Residential District, no land or structures shall be used except for one or more of the following uses: A. Any permitted use as regulated in the "R-lA" District. Subd. 3. Conditional Uses. Within any "RR-1B" One Family Rural Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Uses. Any conditional use as regulated in the "R-IA" District except for "Duplex Credit" and "Animals" . B. Farms (Stock). Provided that the area is ten or more acres. C. Hospitals, Etc. Hospitals for human care, sanitariums, rest homes, nursing homes, provided that all buildings are located 100 feet or more from the lot line of any abutting lot in an "R" District. The site shall contain not less than 600 square feet of lot area for each person to be accommodated. Source: Ordinance No. 185 Effective Date: 6-14-76 ORONO CC 288 (4-1-84 ) § 10.28 D. Libraries. Non-profit libraries provided that all buildings are located 50 feet or more from the lot line of any abutting lot in an "R" District. Screening and signage requirements shall be determined with each individual conditional use permit. Source: City Code Effective Date: 4-1-84 Subd. 4. Accessory Uses. Within any "RR-1B" One Family Rural Residential District, -the following uses shall be a permitted accessory use: A. Any accessory use as regulated in the "R-lA" District and "Animals" as regulated in Section 10.20, Subdivision 3, Subparagraphs M and N. Source: Ordinance 26 , 2nd Series Adopted: 7-14-86 Subd. 5. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. B. Lots. The following minimum requirements shall be observed: Side Yard Lot Lot Front Side Adjacent to Rear Area Width Yard Yard Street Yard 2 acres 200 feet 50 feet 30 feet 50 feet 50 feet SEC. 10.29. RR- IB- 1 ONE FAMILY RURAL RESIDENTIAL SUBDISTRICT. Subd. 1. Permitted Uses, Conditional Uses, Accessory Uses. Any use as regulated in the "RR-1B" District. Subd. 2. Additional Permitted Use. Study and research centers owned or operated by one or more non-profit charitable, scientific or educational organizations, provided that no building other than a residence shall be located within 100 feet of any lot line of an abutting lot in an "R" District. Subd. 3. Open Space. Not more than 15% of land devoted to use as a study and research center shall be occupied by structures or buildings without a conditional use permit allowing a greater percentage of such land use. Any, application for zoning of land as an "RR-1B-1" One Family Rural Residential Subdistrict shall be accompanied by a map or plan showing the portion of land within the district that may be occupied by structures or buildings shall become a part of the conditions upon which such zoning is approved, and no structure or building may be located outside of such portion without a conditional use permit allowing the same. ORONO CC 289 ( 4-1-84 ) V § 10.20 SEC. 10.20. R-lA ONE FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "R-lA" One Family Residential District is intended to provide a district which will allow a combination of low density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permit. The district shall have immediate access to highways and public sanitary sewer. Subd. 2. Permitted Uses. Within any "R-lA" One Family Residential District, no structure or land shall be used except for one or more of the following uses: A. One family detached dwellings. B. Public owned parks and playgrounds. C. Municipal buildings. Subd. 3. Conditional Uses. Within any "R-lA" One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Schools. Public schools and parochial or private schools which teach a curriculum similar to a public school provided no building shall be located within fifty feet of any lot line of an abutting lot in an "R" District and that a fence be erected fifteen feet or more from all street lot lines where the abutting use is for open play, and nursery schools providing fifty square feet of playground space per pupil. B. Churches. Churches including those related structures located on the same site which are an integral part of the church proper, convents or homes 'for persons related to a religious function on the same site provided no building other than a residence shall be located within fifty feet of any lot line of an abutting lot in an "R" District. C. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs, public swimming pools serving more than one family, scout camps, YMCA camps, YWCA camps, church camps, or private non- profit parks, playgrounds and other similar uses. The principal structure for any of the above listed uses shall be 100 feet or more from any abutting lot in an "R" District, and accessory structures shall be a minimum of fifty feet from any lot line. ORONO CC 279 ( 4-1-84) 0 _ o 0 CITY of ORONO w titi Municipal Offices Street Address: Mailing Address: y+gHOg 2750 Kelley Parkway P.O. Boz 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 July 12, 1996 Annick Pratbernon 420 Tonkawa Road Orono, Minnesota 55356 Re: 350'Watertown Road Dear Ms. Pratbernon: This letter is to confirm our meeting of July 12, 1996. Jeanne A. Mabusth and myself explained that the way you are renting the house (with two kitchens on separate floors with no connection in between)was a violation of our zoning code. We stated that the home needs to be used as a single family unit and that a legal stairs connecting the spaces and the removal of one kitchen would be required to comply. The City will be expecting to confirm the corrections within the next two weeks. If you have any questions,feel free to contact me at my office. Sincerely, Ly Oman Building Official LO/ch cc: Jeanne A. Mabusth, Building &Zoning Administrator Bruce L. Vang, Field Inspector Telephone (612) 473-7357 a FAX 4734510 c r I VIOLATION REPORT i Date; 7-10-96 Inspector; Lyle Oman Building Official Defendant info; Annick Pratbernon 420 Tonkawa Road Orono Mn. 55356 Location of violation; 3505 Watertown Road, Orono Mn. 55356 Violation of, Orono Municipal code section 10.28 Description of violation; Defendant owns the property at 3505 and rents out both levels of the home as a duplex in a single family zoning district in violation of Orono code. On October 16-96,the owner was notified that this was not an allowed use of the property in the single family zone. In a letter to the city on October 11 1995, she stated she would have the person living the lower level move out by December 1 1995. She stated the lower level would only be used for her storage. On July 9-1996 the city received a complaint from one of her renters regarding unfinished remodeling that has been started in a bathroom and on a stairway. This renter stated that there is also a renter in the lower level of the building. He provided the city a copy of a document filed with the Forth Judicial Court attempting to evict him for non payment of rent and for fighting with his girlfriend. In the document Ms. Pratbemon states that the fighting is disturbing the other tenants. The city's goal is to require the defendant to cease the duplex use and to access a fine. i i i I I HC 4567(7/95) STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT UNIFORM CITATION NO. 9 6 0 4 $6 0 9 The issuing officer states that the person named 4. below committed the offense described in violation of the section indicated. TYPE i 2 MO COUFIT PTC PSR G OFFICE USE ONLY EE SHADED AREA R '❑ ❑ DRIVER'S LICENSE NUMBER STATE ! III NAME-LAST,FIRST,MIOOLEJMAIOEN (� R Pt -T Sj E R N o N A N N 1 C, ADDRESS&CITY y2 o Tod KAwA R +r7 STATEZIP 0 � c� �v 0 mN ss 3s� DATE OF BIRTHEVES I HEIGHT WEIGHT SEX MO DAY YEAR VIOLATION INFORMATION r101ATIR:OF OFFENSE TIME METER NUMBER ►-1 0- (0 0 t .0 0PLATE STATE YEAR MAKELOCATION& CITY O S W A T c 2 T O w!N Q0 p 0 ;20 1ti! o rAtj SS'3�5�6 STATUTE OR ORDINANCE NO. I DESCRIPTION ORO N o 1 U .2 D V P V E N I N E F AMJ L COM CODE CT.DIV. ACTIVITY SPEC ON -10 4110 3j 'iiv ❑OR PAROPERTY ❑ACCIDENT [:]UNSAFE CONDITIONS ❑ VEHICLE MATERIAL COMMERCIAL [:] HAZARDOUS MA S BADGE NUMBERORINUMBER 01M N 0 Z- -7 l $ 00 M you fall to respond to this citation within 7 days,increased penalties will be assessed and a warrant may be issued for your arrest N a warrant Is issued,a penalty of$30.00 will be added to the fine. COURT COPY DO NOT WRITE ON REVERSE