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Home My WebLink AboutRe: use of dock space RECEIVE® AUG 1 8 1997 CITY OF ORONO August 18, 1997 Mr. Mike Gaffron City of Orono PO Box #66 Crystal Bay, MN 55323 Dear Mr. Gaffron, Thank you for your time on the telephone last Friday. Per our conversation, I would like this letter to be my written request for any information or assistance I could receive from the City of Orono in regards to the illegal leasing of dock space by the previous owner of my home at 1375 Vine Place. As you are aware, and so are the Orono police, Mr. Michael Appleman claims that he has a 'free 3 year lease" that was included with his boat purchase from the previous owner, the late Dr. Dvorak. This 3 year lease allows him to park his boat at my dock and park his truck on my lawn (which he did Saturday evening). That evening, my family and I became aquainted with one of Orono's finest. I would like to resolve this lease issue as soon as possible. You and I both know, and so does Mr. Appleman, that you cannot "lease dock space" in the City of Orono. I under- stand that it is illegal. I would like to add that I do not intend to run a marina in my front yard. The docks are dangerous and an eyesore. I am embarrassed. Would you believe Mr. Appleman said that I am responsible for the well being of his boat and if there is any problems with his boat, vandalism or mechanical, I will be sued! I don't need this. I haven't even lived in the house for the weekend. Should I have stayed in Mound? Your time and efforts are appreciated. Sincerely, Tim Landon RECEIVE® AUG 1 9 1997 August 19, 1997 CITY CF CRCNO Mr. Michael Appleman 600 University Avenue Southeast Lower Level Minneapolis, MN 55414 Dear Mr. Appleman, I am writing you today to request that you remove your boat and trailer from my property by no later than Friday, August 22, 1997. I have spoken to the City of Orono, Orono Police and Hennepin County Water Patrol. They have given me the proper steps and information on having the boat impounded. I am under the impression that the City of Orono and the Hennepin County Water Patrol don't like people like you making waves on "our lake". No pun intended. May I suggest the Mississippi or St. Croix rivers. Sincerely, Tim Landon Homeowner 1375 Vine Place, Orono cc: City of Orono Orono Police Hennepin County Water Patrol co r> z0, August 20, 1997 Mr. Michael Appleman 600 University Avenue Southeast Lower Level Minneapolis, MN 55414 Dear Mr. Appleman, You must remove your boat from my dock and trailer from my yard by Friday, August 22, 1997. Eventhough the City of Orono and the Hennepin County Water Patrol are neutral parties in this civil matter, I personally will take the proper steps to have the boat and trailer removed. You and 1 both know that it is illegal to lease a dock in the City of Orono. This letter supercedes the letter of August 19, 1997. S�incereely, C Tim Landon Homeowner 1375 Vine Place, Orono cc: City of Orono Orono Police Hennepin County Water Patrol . .0,�. O O CITY of ORONO r. ti Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 March 23, 1998 Tim Landon 1375 Vine Place Mound, MN 55364 Re: City codes regarding use of private boat docks Dear Mr. Landon: Per our past discussions, this letter is intended to clarify the City's position with regards to the use of your boat dock by Mr. Appleman or others. The attached flyer entitled "Orono Municipal Code Excerpts Regarding Prohibition of Boat Slip Rental in Residential Zones" outlines the Municipal Code sections pertinent to your situation. Your property is located in the LR-113 Single Family Lakeshore Residential District. No business uses are allowed in the LR-1B District per Zoning Code Section 10.24. Further, Section 5.43 defines "Business Use" as engaging in either a marina business or in the business of docking,mooring or storing boats. It further defines the "Business of Docking,Mooring or Storing Boats" to include renting or otherwise providing(emphasis added) space for docking, mooring or storing one or more boats belonging to persons other than the owner or occupant of the property,except when licensed as a joint use. Section 5.43 Subd. 6 disallows "Business Use" in all zones except the B-2 zone, which is reserved for commercial marinas. Your situation would not qualify for a'joint use' dock license. It is the City's position that if the prior owners/occupants of your property did provide Mr.Appleman with an arrangement to keep the boat docked at the property while Appleman owned the boat but was not an owner or occupant of the property, then that arrangement was in violation of the City Code. Continuation of such an arrangement in the future under your ownership of the property would similarly place you, as owner, in violation of the Code. Sincerely, Michael P. Gaffron Senior Planning Coordinator encl. Telephone (612) 473-7357 • FAX 473-0510 CITY of ORONO Municipal Offices Street Address: MailingAddress: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 ORONO MUNICIPAL CODE Excerpts Regarding PROHIBITION OF BOAT SLIP RENTAL IN RESIDENTIAL ZONES The Orono Municipal Code prohibits residential property owners from renting out boat slips at their private docks. The provision of slippage for anyone other than the owners or occupants of the property, regardless whether there is a'rental fee' involved, is prohibited. In brief, such activity is considered to be the 'business of docking, mooring or storing boats' which is only allowed within the B-2 Lakeshore Business District. Section 10.41: B-2 Lakeshore Business District Subd. 2A: Definition: "Marina Business" means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Lakeshore Business District. Subd. 5: Permitted Uses. Within the "B-2" Lakeshore Business District, no land or structures shall be used except for one or more of the following uses: A. Rental of in-water boat slips D. On-land storage of boats, winter and summer. Sections 10.23, 10.24, 10.25: LR-lA,LR-1B,LR-1C One Family Lakeshore Residential Zoning Districts (None of these districts list'rental of in-water boat slips' or'on-land storage of boats, winter and summer' as allowed uses. They do allow"private docks" as an accessory use,'subject to the City Code and other applicable regulations,including boat storage density requirements'. While 'private docks' is not defined in the zoning code, the City has contended and the court has upheld that a private dock is an accessory structure which by definition is a use "exclusively used for purposes incidental to those of the principal use",i.e.for the use of the owners or occupants of the property.) Section 5.42: Joint Use of Lake Facilities (This Section requires annual licensing for adjoining riparian property owners who wish to share a dock. It does not allow for business use of private docks.) Continued - Telephone (612) 473-7357 9 FAX 473-0510 Continued- Section 5.43: Marina Business License Subd. IA: Definition: 'Business Use" means engaging in either a marina business or the business of docking,mooring or storing boats. Subd. 1B: Definition: "Marina Business" means engaging in one or more of the permitted,accessory or conditional uses allowed within the B-2 zoning district. Subd. 1 C: Definition: 'Business of Docking, Mooring or Storing Boats" means renting or otherwise providing space, 'including boat buoys, for docking,mooring or storing one or more boats belonging to persons other than the owner or occupant of the property,except when licensed as a joint use. Subd.2: License Required. It is unlawful for any persons to engage or participate in business use without first having obtained an annual license therefor from the City. Subd. 6: Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2,except when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. City of Orono TELECOPY COVER LETTER Please deliver the following page(s)to: Name: Tom Barrett From: Mike Gaffron lie Total number of pages including this cover letter: 4 Date: December 31, 1997 IF YOU DO NOT RECEIVE ALL THE PAGES,PLEASE CALL US AS SOON AS POSSIBLE. Phone: (612) 473-7357 and ask for: Mike Our fax number is: (612) 473-0510 Additional Message: Enclosed is a draft letter to Tim Landon who is trying to evict Mr. Appleman's boat from Landon's dock. Appleman sued Landon in conciliation court, apparently to get Landon to honor a dock lease that Landon's predecessor property owners (Mr. Dvorak or Ms. Persons) purportedly gave to Appleman when Appleman bought a boat from Dvorak or Persons. From my perspective,the'lease' is illegal. Landon agrees, and apparently so did the conciliation court, which awarded Applemen nothing; but Appleman is appealing, so Landon is looking for our help. The draft letter attempts to define the City's position and emphasizes that in honoring the lease, Landon would place himself in violation of City codes. I assume he would provide this letter to the appeals court as evidence why he cannot honor the lease. Any comments? , V 'in 4 r RE / MAIC A-1 Excellence FACSIMILE TRANSMISSION DATE:_ --_ TO ,,`` FARC N a:� -/� FROM:_ _;�t' X-4' -60 ._-__--- -_ �Ao. of Pages Including Cover:_1 — pleasQ C,, ,a 3-:t us if this transmittal is unsucces=ful in any way. The. number to caii is (612) 471-0722. Tha k you. RE/MAX A-1 Excellence FAX No.: (612) 471-7427 2477 Shadywood Road E xc e l s i o r,-M-n .-S5231 (61-0-471-0722 WWW A-1 Excel' 2477 Shadywood Road Lake Minnetonka Orono, Minnesota 55331 Office:471-0722 REALTQR STATE OF MrNNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH TUDICIAL DISTRICT MICPCAEL APPLEMAN, File No. AC 97-21:580 Plaintiff, V. TWIRL ORDER LORRAINE MAE PERSONS, ;rid T LANDON, Defendant. Please be advised that the above-entitled matter has been assigned to me for trial. Your case is set fora court trial before me commencing TITESDAY, MARCH 31, 1998 1:30 P.M. Because the majority of litigants do not have an attorney, I have found that an informal trial before the bench proves most productive_ in addition, the vast majority of litigants have told me they prefer this method_ I do wish to point out three matters of important to you. 1. Because of the multitude of cases, rescheduling is only allowed under extraordinary circumstances. 2. tinder the new statute applicable to these cases, the party bringing this appeal may fiiid themselves liable for additional costs. :3. Failure to attend this trial will result in default judgment being entered against the party failing to appear. Please arrive promptly at the Government Center, Courtroom 653 Courts Tower, Minneapolis,:Minnesota. Be prepared to proceed with your case as soon as it is called. BY T14E COURT' -x -y DATED - :; BRUCE l3AATIG.AN Judge of District Court TIM LANDON HC 4372 (8/95) 1375 VINE PLACE PAGE 001 OF 001 MOUND MN 55364 State of Minnesota Conciliation Court County of Hennepin MICHAEL APPLEMAN 600 UNIVERSITY AVE SE Notice Of MPLS MN 55414 Plaintiff Judgment No. 970828023 versus LORRAINE MAE PERSONS TIM LANDON Defendant The parties are hereby notified that the Court has ordered that PLAINTIFF RECOVERS NOTHING ON THE CLAIM AGAINST DEFENDANT The Court's order is stayed by statute through and including DECEMBER 1 , 1997 (No appear-ance is required on this dcte) 1. Any party who was not present at the trial, and who has good reason for not having been present, may file a motion on the Special Term Calendar, not later than the date indicated above, requesting the Court to re-open the case for another trial. If the Court grants another trial, it will normally require the payment of costs to the other party for the inconvenience. 2. Any party who was present at the trial and believes this Judgment to be incorrect may appeal to the District Court for a completely new trial, by a different Judge, or by a jury if desired. If you do this, the District Court will order you to pay to the opposing party$ 50.00 as costs in addition to costs and disbursements on removal as allowed by statute, if you do not win your appeal. The statutory requirements for such an appeal, which the Court will furnish upon request, must be complied with not later than the date indicated above. Such requirements are time-consuming, and it is suggested that such inquiries be made well in advance of the date indicated. 3. The losing party may pay the judgment to the Court for the benefit of the prevailing party or may pay the prevailing party directly, securing a written satisfaction of judgment from him and filing said satisfaction in this Court. Payment in full on or before the date indicated above will prevent the docketing and enforcement of this judgment and the addition of enforcement costs. If the judgment is paid to the Court, checks must be made payable to the Hennepin County Conciliation Court and must be accompanied by this notice, or by a complete reference to the names, numbers and dates appearing on it. 4. The prevailing party may make inqul les regarding the enforcement of a judgirier�t, if riot paid, suer the above date to the Conciliation Court. 5. The above date consists of the 20 day stay period provided by statute AND three days for service of this notice by mail. Dated: 11/05/97 Conciliation Court 857C Government Center Minneapolis, Minnesota 55487 Telephone: 348-2713 CONCEUAnON COURT COUNTY OF HENNNEPIN APPEAL FORM MICHAEL A APDLEMAN DEMAND FOR REMOVAL 6Q0 University Avenue S.E. OF CASE TO DISTRICT COURT r4�i'ir1924.!i5. MN 55414 OF HENNEPIN COUNTY, MINNESOTA (612) 331-9223 Plaintiff, and vs. AFFIDAVIT m 0Uyl m h • 5-3-3&f(dant. Conciliation Court No. y-7 0 1�X02.,3 To ::LI w1 �Cl rl4 In , the above-named (plaintiff) �defEend�an : In accordance with the provisions of Minnesota Statute 491A, the above-nam faint' (defendant) hereby demandsoval of the above case to the Hennepin County Dis , Minnesota, for trial by w(c 'ury). �-�-1 being sworn on oath states: (appealing paffy Wr attorney) t he/she is the (att wey V;r 0 r6&!�!W (defendant) in the above-entitled case. That ' tiff) efendant) is aggrieved by the judgment rendered in Conciliation Court and is having the titled action removed from Hennepin County Conciliation Court and transferred to the Hennepin County District Court for trial by (court) (jury). That this appeal is made in good faith and not for the purpose of delay, in accordance with Minnesota Statute 491A. cr-ho f0mr, (plain ' e n Subscribed and sworn to before me this L_::��MAAA 5 day of Nc��e r1�� (��' 19� ( rney � / efendant) 1D# /ri:CHAEt A. APPLE N, mt • JODY BART= 600 University Avc' :�.l:, " Address:�t� :,clis, MN 55414 NOTARY Pi:wLIC•MINNESOTA E' Comm. ;;;rs Jan.31,2000 (612L 331-9223 rrrfX f YJ Clerk of Co' otary Public Telephone: My Commission expires / FIC 4524A STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL COURT File No:AC--97-21580 MICHAEL APPLEMAN, _ -'SCHEDULING VS. ORDER LORRAINE MAE PERSONS & TIM LANDON, Please be advised that you are one of many parties who are involved in appeals from Conciliation Court. The matter has been assigned to me for trial and I am attempting to schedule them as soon as possible. Your case is set for a court trial before me commencing the MONDAY,MARCH 16, 1997 @ 1:30 P.M. Because the majority of litigants do not have an attorney, I have found that an informal trial before the bench proves most productive. In addition,the vast majority of litigants have told me they prefer this method. I do wish to point out three matters of importance to you. 1. Because of the multitudes of cases,rescheduling is only allowed under extraordinary circumstances. 2. Under the new statute applicable to these cases, the party bringing this appeal may find themselves liable for additional costs. 3. Failure to attend this conference will result in default judgment being entered against the party failing to appear. Please arrive promptly at the Government Center, Courtroom 1359 Courts Tower. Be prepared to proceed with your case as soon as it is called. BY THE COURT: Thomas H. Carey Judge of District Court Date: 12/17/97 Judicial Clerk Phone: 348-2908 0 0 CITY of ORONO lCr MunicipalOt7ices t- , 4 Street Address: Mailing Address: �'�cEgg04' 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 August 21, 1996 Benjamin Anthony Dvorak 1375 Vine Place Mound, Minnesota 55364 Benjamin Anthony Dvorak 5505 Highland Road Edina, Minnesota 55436 Dear Mr. Dvorak: On July 6, 1995 this office notified you of Orono ordinances that prohibit property owners from docking,mooring or storing boats that belong to people other than the property owner. The illegal activity ceased shortly after notification. However, the same activity is occurring this summer. Therefore,the City is issuing citation#396048611 for violation of Orono Municipal Code Section 5.43 Subd. 2. The City will reinspect the property in two weeks and if the docks are being used by other than the property owners,the matter will be referred to the City Attorney for further legal action. Sincerely, Lye Oman Building Official LO/ch cc: Jeanne A. Mabusth, Building Official Michael P. Gaffron,Asst. Planning&Zoning Administrator Bruce L. Vang, Field Inspector '� Telephone (612) 473-7357 • FAX 473-0510 AUG-,:;1-`� THU 1 11 FM M1 '_-',HAEL �*FF'LEI�A1,!,I F�:: I'I':', h1 3 13fY� P. 1 UNIVERSITY AVENUE PSYCHOLOGY CENTER Michael A. Appleman, m.a. Director - Licensed Psychologist n CITY OF 600 University Avenue Southeast L ORO NO 331.9223 Lower Level Minneapolis, Minnesota 55414 AUG 211997 DATE: August 21 , 1997 TO: Lyle Oman, Building official, City of Orono FROM: Michael A. Appleman, M.eq. , L.P. RE: Sea Ray docked at 1375 Vine Place BY FACSIMILE AND US MAIL Pursuant to our conversation today, where Z am faxing the agreement that I had with Dr. Dvorak, you will not be taking any action regarding the above boat this season. You indicated that this is a civil matter between myself and the property owner. cc; Tim Landon AUG-2(-q7 pgii 12: 12 F'rpi MI CHAEL .kF"F`IEPir,II FAX NO, 612 3318654 P. 21 fir^ / In "71 L�r, :UG-;;1-g7 T'HU 1 1 PM 1 lI H; EL APPLEI-An' l F :: 11C. i, 1 _;31 =54 F'. B A D Properties 5505 Highland Road. Edina, Mn 55436 Monday, August 26, 1996 To, .Michael Appleman From: B. Anthony Dvorak.M.D. FAGS Lorraine Persons Unfortunately sorneone has complained to the City of Orono about the number of boats on the premises of 1375 Vine Place, the property owned by B. Anthony Dvorak ,Nf. D. FACS and Lorraine Persons. Orono ordinances prohibit property owners from docking, mooring and storing boats that belong to people other than the property owner, Orono municipal Code Section 5. 13 Subd. 2. Therefore, your boat ti-tust be removed frorn the docks by September 2, 1996 as the City will reinspect the property again on September 3, 1996, and if the docks are being used by other than the property owner, the matter will be referred to the Orono City attorney for legal action. We etre sorry for the inconvenience this has caused you. if you have any questions please feel free to call us at 925-2277. Sincerely, J orraine Persons B. Anthony Dvorak M.D. FMCS