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HomeMy WebLinkAboutRe: property questions/problems Lyle Oman From: Gerald Ray Derray41 @gmail.com] Sent: Wednesday, November 23, 2011 4:41 PM To: Lyle Oman Subject: Re: Property questions/problems Lyle, Thank you for your response. I'll take on the issues you mention are between the property owners. Violations are key to maintaining Orono's rules and regulations. If regulations are not adhered to, we forfeit the ability to hold anyone to them. The retaining wall was built after occupancy as were the placement of additional trees, hedge, fence, gutters, pavers, etc. Negotiating a "hard cover in exchange for an easement for sewer lines" shows he was aware he was not in compliance and had ignored the City restrictions. There is a sewer line in place already and has been since before 1972. The City has an obligation to uphold our rules and regulations. Without it we have an ungovernable charter. A suet does cost time and money, for the city as him. Does the city have something stronger than notifying the realtor of the violations? Can the City place a restriction on the closing that specifies these violations need to be attended to and resolved to the City's rules and regulations before closing? "Cloud on the title"? Regards, Gerald Ray --------------------------------------------------------------------------------------------------------------------------------------- On Wed,Nov 23, 2011 at 9:34 AM, Lyle Oman <LOman@a,ci.orono.mn.us> wrote: Gerald, The building and zoning staff have discussed your concerns and have the following responses. The driveway landscaping infringement, the common driveway, the property line issue, the security light and the dog poisoning are matters between property owners and the city would have no involvement. The retaining wall shows up on a survey from 2003 and we don't really know when it was built. The city was dealing with the hard cover issue back in 2004.The then public works director was working with him to allow the hard cover in 1 exchange for an easement for sewer lines we may need access to some day. Apparently these talks fell apart and the public works director is no longer with the city. We discussed the fence, hardcover and retaining wall with the city attorney and he said our only recourse is to sue Mr. Fasching. However due to the length of time pasted he feels that we would spend a lot of money and not be successful in court. What we will do is to notify the realtor of the violations and he is required by law to disclose the information to potential buyers. If you have any questions please feel free to contact me at my office. Lyle Oman Building Official City of Orono TO SCHEDULE AN INSPECTION, CALL: 952.249.4600 952.249.4625 - Direct Dial 952.249.4600 - Main 952.249.4616 - Fax www.ci.orono.mn.us ................................................................................ ................................................................................ Office Hours: Monday - Friday 8:00 am to 4:30 pm ................................................................................ ................................................................................ Physical Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: PO Box 66 z Crystal Bay, MN 55323-0066 From: Gerald Ray [mailto:jerray410)gmail.com] Sent: Tuesday, November 08, 20114:17 PM To: Lyle Oman Subject: Property questions/problems Lyle, I have a concern about the Mike Fasching property. I believe the address is 11355 Tonkawa Rd. We see a "For Sale" sign and wonder what will happen to the open issues when they sell. As I understand it, the driveway landscaping is infringing on Nancy McGovern's property - 3420 North Shore Drive(the NW corner of the lot - used to be the Ambrose Kivus property). In addition, the fence exceeds Orono's rules by height on back and side and forward of the house corners. Their fence is also infringing on my driveway access and they even ripped up a portion of the driveway and Orono told him he was in the deeded access(you may recall). He promised he would repair it but never did. The "common driveway" agreement for years was that we split the cost of maintaining the drive including snow removal. We have never asked the Fasching's to contribute as they appeared to have abandoned their use/rights to the common driveway. They exceeded the hard pack rule after getting their move in permit by adding gutters and pavers in the drive. They may have additional hard pack items that we are not aware of at this time. We suspect they had the proper permits for the rip rap on the shoreline but question if he did for the retaining wall within 75 feet of the lake. They have planted a barrier of trees and hedge from the fence to the lake shore edge right on or up to the property line. With that, they have installed a metal stake that is about 12" high with a wooden stake attached to it. At one time he also had a metal fence post about 5 feet high that I removed. They have removed a few of the 3 trees, that were cutting off my view, as they were diseased. They had a surveyor painstakingly survey the lot and did some moving of the lot line toward or on my property as a result. We had a surveyor some years back as we were granted a building permit for an addition on our house where the lot lines were confirmed by that surveying company with Orono at that time. We also had a complaint from them about or security light that has been shinning prior to our arrival in 1972. Excel painted the globe black on their side but after Fasching wanted it removed. We have been the only house paying for the light where "others" benefit from it as well. We have had complaints from Fasching that we tried to poison their dog. We were on extended vacation in Florida both times and would not do such a dastardly act as we have a dog and have had dogs ever since we moved here. We like their dog. We are looking forward to them selling and moving out of Orono but would like to see the items above resolved before the new owners move in. Gerald Ray 3442 North Shore Drive Wayzata, MN 55391-9359 952-471-9817 \ �etci an is S0111eonc Nch(). at ()Ile point. rete a 171ank clhcck lrt\ahle toy '"l he ( �iitc�l 5laie� c>( _1i>>crica liar an ani��unt uluh t�, ani incluclin.� ti:�•ir iifc A veteran is someone who, at one point, wrote a blank check made payable to 'The United States of America for an amount of up to and including their life.' A veteran is someone who, at one point, wrote a blank check made payable to 'The United States of America for an amount of up to and including their life.' 4 Melanie Curtis From: Lyle Oman St� Sent: Wednesday, November 09, 2011 8:28 AM � To: Melanie Curtis; Christine Mattson Subject: WTF???? From: Gerald Ray Derray4l@gmail.com] Sent: Tuesday, November 08, 20114:16 PM To: Lyle Oman Subject: Property questions/problems Lyle, I have a concern about the Mike Fasching property. I believe the address is 11355 Tonkawa Rd. We see a "For Sale" sign and wonder what will happen to the open issues when they sell. As I understand it,the driveway landscaping is infringing on Nancy McGovern's property - 3420 North Shore Drive(the NW corner of the lot-used to be the Ambrose Kivus property). In addition, the fence exceeds Orono's rules by height on back and side and forward of the house corners. Their fence is also infringing on my driveway access and they even ripped up a portion of the driveway and Orono told him he was in the deeded access(you may recall). He promised he would repair it but never did. The "common driveway" agreement for years was that we split the cost of maintaining the drive including snow removal. We have never asked the Fasching's to contribute as they appeared to have abandoned their use/rights to the common driveway. They exceeded the hard pack rule after getting their move in permit by adding gutters and pavers in the drive. They may have additional hard pack items that we are not aware of at this time. We suspect they had the proper permits for the rip rap on the shoreline but question if he did for the retaining wall within 75 feet of the lake. They have planted a barrier of trees and hedge from the fence to the lake shore edge right on or up to the property line. With that, they have installed a metal stake that is about 12" high with a wooden stake attached to it. At one time he also had a metal fence post about 5 feet high that I removed. They have removed a few of the trees, that were cutting off my view, as they were diseased. They had a surveyor painstakingly survey the lot and did some moving of the lot line toward or on my property as a result. We had a surveyor some years back as we were granted a building permit for an addition on our house where the lot lines were confirmed by that surveying company with Orono at that time. We also had a complaint from them about or security light that has been shinning prior to our arrival in 1972. Excel painted the globe black on their side but after Fasching wanted it removed. We have been the only house paying for the light where "others" benefit from it as well. 1 We have had complaints from Fasching that we tried to poison their dog. We were on extended vacation in Florida both times and would not do such a dastardly act as we have a dog and have had dogs ever since we moved here. We like their dog. We are looking forward to them selling and moving out of Orono but would like to see the items above resolved before the new owners move in. Gerald Ray 3442 North Shore Drive Wayzata, MN 55391-9359 952-471-9817 A veteran is someone who. at one point, wrote a blank check made payable to 'The United States of America for an amount of up to and including their life.' A veteran is someone who, at one point, wrote a blank check made payable to 'The United States of America for an amount of up to and including their life.' z