HomeMy WebLinkAbout1989 - neighbor agreements/covenants DAVID B. HARM/ELL
1801 WEST FARM ROAD
LONG LAKE, MN 55356
(612) 476-2478
May 1 6 , 1989
Paul Swanson
1995 West Farm Road
Long Lake , Minnesota 55356
Dear Paul,
I'm not sure what the procedure is with regard to
neighborhood approval of the new house you intend to
build is but I thought I would put down in writing my
comments about the project for you.
I have looked over the plans you gave me and I can
see nothing in the design of the house which upsets me .
My real concern is what the landscaping around the
house will look like .
There is nothing naturally on the lot in question
which will soften the effect of any building. I think
that you need to include some landscaping with large
trees to keep the house from becoming an eyesore like
the recently built house on North Farm Road. Small
shrubs or trees will just leave us with years to wait
for nature to take its course .
I would like to see some sort of plan which out-
lines your landscaping plans .
I might add that I would appreciate it if the
driveway could be planned to allow for the equal spac-
ing of the boulevard trees as the are now laid out. I
seem to have committed myself to planting and replant-
ing those trees until they all live. A house on the
vacant lot might actually mean that someone might water
them.
I know you probably do not like to have to invest
in transplanting large trees in addition to the con-
struction of the house but I think it would add value
to the house and make it an improvement to the neigh-
borhoc I instead of an eyesore .
Warmest Regards ,
DAVID B. HARTWELL
1801 WEST FARM ROAD f ,
LONG LAKE, MN 55356 /
(612) 476-2478 1
r
June 1 4 , 1989
Orono Building Inspection Department
1335 South Brown Road
Orono, Minnesota
Dear Sirs ,
As you are aware , Paul Swanson is currently build-
ing a house on West Farm Road.
When the Obergs agreed to sell that lot to the
Swansons it was with a no build covenant on it which
expires this July. The Swansons agreed that in ex-
change for the early release of that no build covenant
they would submit the plans for the house to all the
property owners on West Farm Road for their approval .
Paul did submit those plans to me and I responded
with the enclosed letter. I waited for him to respond
and he never did but he has begun construction.
I have been out of town off and on for the last
month so when I saw Paul at the building sight today
looking at the foundation I stopped to ask him when He
intended to submit a landscaping plan for the house as
per the agreement for removal of the no build covenant
and my request. He said he had no intention to deal
with the landscaping until after the house was built.
I asked him for a commitment that he would use trees in
that plan and he refused to do so.
I mentioned that he had agreed to get all the
neighbors approval for the plans and he said that Tim
Adams had given his approval.
Tim had told me two things last week when I called
him to ask what his perception of the situation was .
The first thing was that he didn' t know what the
landscaping plans were but that he was tired of trying
to get Paul to adhere to landscaping plans since he had
submitted some for his own house on West Farm Road and
never followed them. Secondly , he informed me that
others in the neighborhood had written notes on the
plans he had seen.
Apparently , Paul Swanson is willing to listen to
the neighbors unless it is something he doesn' t want to
hear.
I would ask you to intervene in this situation and
work with Paul Swanson to see that he lives up to his
agreement with the property owners . Any approval given
for a building permit was done without knowledge of
this agreement but you could now request that Paul
Swanson live up to his committment to all the owners of
property on West Farm Road before he be allowed to con-
tinue building this house .
Thank you for your consideration.
( ),)/
incere , ,
I 6, f
cc: Paul Swanson
CITY of ORONO
CITY
Post Office Box 66•Crystal Bay,Minnesota 55323•Municipal Offices
OF
ORONO On the North Shore of Lake Minnetonka
W
June 16, 1989
•
David B. Hartwell
1801 West Farm Road
Long Lake, MN 55356
Dear Mr. Hartwell:
The City certainly can appreciate your concern and your
neighbors' concerns regarding the enforcement of your private
agreement and covenants. The City has similar concerns when it
finds that standards of its own ordinance are not followed or are
violated. In matters dealing with private covenants and
agreements between property owners, the City has no enforcement
ability or authority. I am sure that if you asked Tim Adams, who
formerly served on our Council, he could confirm the same. A
building permit was issued to Paul Swanson for the property
located 1889 West Farm Road because the proposed building and
land alterations conform to the standards of the City, and in
this case, the specific conditions of approval of the Farm of
Long Lake plat.
Based on my limited experience with municipal government,
the only time a City has enforcement powers over covenants would
be if the City participated in the execution or had an interest
in those covenants. The City has no knowledge or any legal
interest in the private covenants of the Farm and as a result, no
enforcement authority.
Please call my office if you have further questions on this
matter.
Sincerely,
•
ru Cy� -�
anne A. Mabusth,
uilding & Zoning Administrator
JAM/tln
cc: Tim Adams, 1810 West Farm Rd, Long Lake, MN 55356
BUILDING&ZONING—473-7357 • ADMINISTRATION&FINANCE—473-7353 • PUBLIC WORKS—473-7359
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