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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 ASSESSING