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Home My WebLink About11-01-2011 - notice for permit appl. _ � -- 975 Wildhurst Trail Orono, MN 55364 November 1, 2011 Mr. Lyle Omanjc Building Official RE,. City of Orono 2750 Kelley Parkway NOV t, Orono, MN 55356 Gay OF PROMO Re: Notice for Permit Application Dear Mr. Oman: First, I apologize for the delay in contacting you and filing an application with the City following the "Stop Work" notice I received one month ago. I did not realize it was time sensitive and I did comply by stopping work. Because I am a lawyer and not a carpenter, I am always eager to have my friends help me when it comes to swinging a hammer, and I thought they would be better at explaining the work at my home. Now I have received your letter of October 31 and I am responding immediately. In the past two years I have had two major property damage claims involving my residence. One required re-siding, window replacements and related repairs following hail damage. Exterior painting was not complete when a tree fell on my garage requiring some interior repair work, a roof and related repairs. Numerous inspectors were involved for the banks, insurance company, city and perhaps others. I did not keep track of their names or the dates they were here. According to the crane operator, it was the heaviest tree he ever had to lift off a house (14,000 lbs. and that was just part of the trunk)! It did push the house forward toward the Lake and while most of the repair work was on the other end of the house fixing the garage and roof, two doors on the opposite side were affected. The sliding glass door opening onto my lower deck would not open completely. Dale"The Doorman" Gjerstad repaired one door(recently installed by Minnesota Exteriors during the first repair project) and he looked at the sliding glass door telling me it had to be repaired after the deck was removed. He was going to replace the deck, build a stairway and fix the door but winter came. The deck had been installed years ago by Duane Rennick of Rennick Construction based on a simple drawing done by Bill Ziemer with Lyman Lumber in Excelsior. Hank Mueich (spelling?) approved and inspected for the city but he had a stroke before construction was complete. (All of these people are now deceased.) The lady who replaced Hank (Jean Mabush?) simply approved the final construction. There maybe a permit application or drawing submitted which you may still have. But it was done many years ago and the deck had deteriorated and was dangerous. I had installed a few replacement boards in recent years to cover holes! The need to fix the door hastened the replacement of the existing deck. During the repair projects last summer, one of the inspectors told me that the upper deck was dangerous and did not comply with codes because people could fall through the railing. In response, Dale repaired the upper deck to comply with code, but he did not leave an opening for a stairway because someone could fall through that. The replacement of the lower deck, stairway and repair of the sliding glass door was postponed until this summer. I do not know who applied for permits or how many were obtained. I assume the construction companies and/or contractors did that. But when an inspector was here I specifically asked whether the work on the decks required permits and I was specifically told that the repair of the deck did NOT require a permit. I assume the inspectors know their job, too, so I continue to believe that is the case! Especially since we did immediately fix the "dangerous railing" on the upper deck, I expected that your office would be satisfied if not pleased. However, because I am a lawyer, and because I know permits are required for just about anything, I did call the city last spring to reconfirm that no permit was required and the lady who talked to me on the phone said the same thing the inspector said! Therefore, I still do not believe a permit is necessary because I do not think two of your employees (if not yourself) could have made such an error. I believe there is a misunderstanding of what is happening here on your part. This is NOT a new deck. It has NOT been enlarged or changed except for cosmetic differences. First, there was a railing on the old deck and that has not yet been replaced so it does look different. Second, we had a big bush at the end of the deck originally planted to conceal propane tanks (which sat on the end of the wooden deck but have since been removed). The big bush had grown to the second story and was removed which also changes the appearance. (A similar bush remains and may be removed depending on what it looks like when we are finished.) Otherwise, the deck is the same as it was before including the walkway on the side! The only major change was using treated lumber instead of cedar. In retrospect I can see that the stairway between the two decks may have required a permit. Whether or not that was mentioned to you or your inspectors is unknown. (It was always my desire and was part of my discussions with contractors over a year ago during the first construction projects so it might have been mentioned.) The third cosmetic change involved is the removal of the dirt and build up on top of the end of the deck where the propane tanks were. The cedar boards were entirely covered and the rotted wood had to be removed. (It is still here if you want to see it!) You have asked for pictures but I am not sure I have any. Pictures of my house from the lake would show the railing, not the deck (and the railing was only around one end where the deck was higher than the ground). I would have had no reason to take a picture of the deck and as a practical matter it was seldom used because it was on the east side of the house and blocked from the afternoon sun (so I have no informal pictures that also show the deck). While I agree with you that a permit should have been obtained for the stairway, I see absolutely no reason to get a survey when the stairway is OVER the lower deck and does not protrude further onto the lawn! Moreover, I see no reason for architectural plans or engineering reviews to replace the boards on a deck that had been approved by your office many years ago and verbally approved twice in the past year. Though I have completed the permit application you sent, it does not seem to apply. My original contractor, Dale, has still not completed the final piece of trim on my front door from work in August, 2010. Because of those frustrations, I asked a friend of mine, Brett Ferrell to help with the deck this spring. He did work on my deck in his spare time (which is why I asked him to meet with you) but he had not finished when your"Stop Work"notice was posted. Since so many people have looked at the old deck and repairs without believing a permit was necessary, it is inconceivable to me that one is required. The stairway is a different and may require permit. But, I think if you look at the deck you would understand the situation and toward that end I suggest that we have a meeting here. Of course, I will comply with city requirements, but after all of the thousands of dollars put into the repair of this house over the past two years, this minor $1500 deck repair seems rather insignificant to me. To now request the long list of"Required Submittals" seems unnecessary. A survey alone would cost more than the deck repair! Please let me know if it is possible to have a meeting at my home. Otherwise, I can come to your office with Brett Ferrell and discuss a solution. Of course, I thank you in advance for your anticipated consideration. And, I shall look forward to hearing from you at your convenience. Thank you. Very 7 yours, Anthony R. So erman ARS/sra Enclosure Home: 9.52-472-1937 Office: 612-338-2600