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HomeMy WebLinkAbout2004-2005 Illegal Marina - Litigation File (case is closed; contents are public) RE,veb. HINSHAW DEC 2 2004 & CULBERTSON LLP Cf]`y OF 0 R0N0 December 27, 2004 ATTORNEYS AT LAW 222 South Ninth Street Suite 3100 Michael Gaffron Minneapolis, MN 55402-3336 Planning Director City of Orono 612-333-3434 City Hall 612-334-8888(fax) P.O. Box 66 www.hinshawlaw.com Crystal Bay, MN 55323-0510 Re: City of Orono v. Elaine Pagonis Court File No. MC 04-14830 Our File No. 754868 Dear Michael: Please find enclosed the executed Amended Order Granting Default Judgment. As you will recall, I was dissatisfied with Judge Crump's original Order Granting Default Judgment and approached the Court for necessary additional relief By signing the Amended Order, Judge Crump found that Pagonis violated the City of Orono's Ordinances through her conduct and a permanent injunction is now in place preventing her from engaging in the business of docking, mooring or storing boats at her property. As noted in my previous correspondence, Ms. Pagonis can choose to cure her default in this action and contest the City's position through the Court. However, in order to do so, Ms. Pagonis will have to comply with the Minnesota Rules of Civil Procedure, file a formal motion, and pay the sanctions of $480 which have now been imposed against her. I will keep you advised if any such developments occur. Please feel free to contact me directly should you have any questions. Thank you for the opportunity to assist you in this regard. Very truly yours, Mark T. Berhow Direct 612-334-2604 mberhow@hinshawlaw.com MTB/blr Enclosure cc: Thomas J Barrett, Esq. (w/encl.) Arizona California Florida Illinois Indiana Minnesota Missouri New York Oregon Wisconsin 121105530v1 754868 T STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: MISC./CIVIL City of Orono, ) Court File No. MC 04-14. 830 ) Plaintiff, ) ) AMENDED ORDER v. ) GRANTING DEFAULT JUDGMENT ) Elaine Pagonis, ) ) Defendant. ) The above-entitled matter came before the Honorable Harry Seymour Crump, Judge of District Court, on December 13, 2004, at the Hennepin County Government Center, Minneapolis, Minnesota for a Rule 16 conference. Plaintiff was represented by its counsel, Mark Berhow. There was no appearance by defendant. Based upon the arguments of counsel,records, filing and proceedings herein, with sanctions for non-appearance of defendant, IT IS HEREBY ORDERED: 1. Plaintiffs motion for default judgment is granted. 2. Defendant Elaine Pagonis has violated the City of Orono's Ordinances by illegally renting boat slips and dock space and permitting boats not licensed or registered to her to dock at her property. 3. A permanent injunction is hereby issued against defendant Pagonis requiring her to remove from her real property, including Lakeshore and dock(s),located at 2740 Shadywood Road, Orono, Minnesota, all boats not licensed or registered to her and further enjoining her `!4 f from engaging in the "business of docking, mooring or storing boats" as regulated by Orono City code §§ 94-71, 97-82. 4. Attorney's fees of$240.00 and court costs of$240.00 against defendant Pagonis are awarded in favor of plaintiff City of Orono. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: to , I —CQ[ BY THE COURT: Honorabl arry eymour Crump Judge of Hennepin County District Court HINSHAW & CULBERTSON LLP RECEIVED DEC 2 1 2004 CITY OF ORONO December 20, 2004 ATTORNEYS AT LAW 222 South Ninth Street Suite 3100 VIA FACSIMILE AND U.S. MAIL Minneapolis, MN 55402-3336 The Honorable Harry Seymour Crump 612-333-3434 Hennepin County District Court 612-334-8888(fax) Chambers-C 1942 www.hinshawlaw.com Hennepin County Government Center Minneapolis, MN 55487 Re: City of Orono v. Elaine Pagonis Court File No. MC 04-14830 Our File No. 754868 Dear Judge Crump: We received your Order granting default judgment dated December 13, 2004. Upon reviewing the Order, the City of Orono requests that the relief granted in the Order also include important provisions of the relief requested in the City's Complaint. In particular, it is necessary to include language that will prevent all watercraft not licensed to Ms. Pagonis from being docked and stored on the property rather than excluding only "non-registered boats." As such, I have prepared the enclosed proposed Amended Order Granting Default Judgment for your consideration and review. The City of Orono respectfully requests that you sign the enclosed Order and enter judgment in this regard. Please feel free to contact me directly should you have any questions. Very truly yours, Mark T. Berhow Direct 612-334-2604 mberhow@hinshawlaw.com MTB/blr Enclosure cc: Michael Gaffron (w/encl.) Elaine Pagonis (w/encl.) (via U.S. Mail) Arizona California Florida Illinois Indiana Minnesota Missouri New York Oregon Wisconsin 121105214v1 754868 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: MISC./CIVIL City of Orono, ) Court File No. MC 04-14830 ) Plaintiff, ) ) [PROPOSED] AMENDED ORDER v. ) GRANTING DEFAULT JUDGMENT ) Elaine Pagonis, ) ) Defendant. ) The above-entitled matter came before the Honorable Harry Seymour Crump, Judge of District Court, on December 13, 2004, at the Hennepin County Government Center, Minneapolis, Minnesota for a Rule 16 conference. Plaintiff was represented by its counsel, Mark Berhow. There was no appearance by defendant. Based upon the arguments of counsel, records, filing and proceedings herein, with sanctions for non-appearance of defendant, IT IS HEREBY ORDERED: 1. Plaintiffs motion for default judgment is granted. 2. Defendant Elaine Pagonis has violated the City of Orono's Ordinances by illegally renting boat slips and dock space and permitting boats not licensed or registered to her to dock at her property. 3. A permanent injunction is hereby issued against defendant Pagonis requiring her to remove from her real property, including lakeshore and dock(s), located at 2740 Shadywood Road, Orono, Minnesota, all boats not licensed or registered to her and further enjoining her 1211 05215v1 754868 r I, from engaging in the "business of docking, mooring or storing boats" as regulated by Orono City Code §§ 94-71, 97-72. 4. Attorneys' fees of$240.00 and court costs of$240.00 against defendant Pagonis are awarded in favor or plaintiff City of Orono. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: BY THE COURT: Honorable Harry Seymour Crump Judge of Hennepin County District Court -2- 121105215v1 754868 HINSHAW & CULBERTSON LLP DEL 6 "Thi- CITY T,f,CITY OF ORONO December 15, 2004 ATTORNEYS AT LAW 222 South Ninth Street Michael Gaffron Planning Director Suite 3100 Minneapolis, MN 55402-3336 City of Orono City Hall 612-333-3434 P.O. Box 66 612-334-8888(fax) Crystal Bay, MN 55323-0510 www.hinshawlaw.com Re: City of Orono v. Elaine Pagonis Court File No. MC 04-14830 Our File No. 754868 Dear Mike: On Monday, December 13, I appeared on behalf of the City of Orono before the Honorable Judge Harry Crump for a court-ordered Rule 16 conference. Defendant Elaine Pagonis failed to make any appearance. After delaying the hearing for a significant period of time waiting for Ms. Pagonis to arrive, the judge asked that I provide him with Ms. Pagonis's telephone number. The judge then proceeded to call Ms. Pagonis and left a very terse message on her answering machine concerning her failure to appear in court. The judge informed me that he would be issuing an Order on December 13, compelling Ms. Pagonis to cease and desist from mooring, docking or storage of any watercraft not registered in her name. The judge then indicated that he would be willing to grant sanctions based upon Ms. Pagonis's failure to appear. I informed him that it took approximately two hours of my time to prepare for and attend the Rule 16 conference and that we had incurred a $240 filing fee to commence this action. Therefore, I expect the Judge in addition to granting us default judgement will also assess sanctions in the amount of$480 against Ms. Pagonis. While Ms. Pagonis can move to cure default judgment in this action, she will have to first pay any sanctions imposed by the Court and comply with the Minnesota Rules of Civil Procedure. Unless and until Ms. Pagonis takes such actions, it appears that we have now achieved our desired result in this case. I will forward you a copy of the Court's Order upon receipt. Please feel free to contact me should you have any questions. Very truly yours, Mark T. Berhow Direct 612-334-2604 mberhow@hinshawlaw.com MTB/blr Arizona California Florida Illinois Indiana Minnesota Missouri New York Oregon Wisconsin 121105093v1 754868 ,, HINSHAW SEP 2 2 9 2004 & CULBERTSON LLP September 28, 2004 ATTORNEYS AT LAW Court Administrator 222 South Ninth Street Civil Filing Suite 3100 Minneapolis, MN 55402-3336 Hennepin County Government Center 300 South Sixth Street 612-333-3434 Minneapolis, MN 55487 612-334-8888(fax) www.hinshawlaw.com Re: City of Orono v. Elaine Pagonis Our File No.: 41288-754868 Dear Court Administrator: Enclosed for filing in the above-referenced matter, please find the following documents: 1. Summons/Complaint: 2. Certificate of Representation and Parties; and 3. Filing fee in the amount of$247.00. Very truly yours, HINSHAW& CULBERTSON LLP qUSI Jr L. Johnson Direct 612-334-2637 jjohnson@hinshawlaw.com JLJ:jbm Enclosures ---,----- mor cc: Michael P. Gaffron, Planning Director Thomas J. Barrett, Esq. Arizona California Florida Illinois Indiana Minnesota Missouri New York Oregon Wisconsin TO: ORR-02302 Wed Jul 07, 2004 12:29:29 DPJ4ZAW9AQ2K FROM: A36MPQ47 Wed Jul 07, 2004 12:29:29 * DNR BOAT REGISTRATION **WARNING **THE"DNR" DATA BASE IS UPDATED WEEKLY, THEREFORE SOME "DNR" DATA MAY CONTAIN POSSIBLE ERRORS. ** USE INFORMATION WITH CAUTION ** IF QUESTIONS, CALL"DNR" (M-F,8-5)AT 800-285-2000 OR AFTER HOURS/WEEKENDS CALL"DNR" HELP DESK AT 877-447-1319 OR 877-285-8413. * LICENSE NBR: 5874HP EXP DATE: 1204 DLN: S450098098067 NAME: LAST/SOLEM FIRST/BRADLEY MIDDLE/BRIAN ADDRESS: 15694 FINEWOOD CT APPLE VALLEY MN 55124 DATE OF BIRTH: 012567 PHONE: 0 * MAKE: CROWNLINE YEAR: 99 HULL ID NUMBER: JTC33046J899 TYPE OF BOAT: 09 CRUISER (HARDTOP) USE: 1 PLEASURE HULL MATERIAL: 4 FIBERGLASS/PLASTIC TOILET: 3 USCG CERTI PROPULSION : 3 IN-OUTBOARD LENGTH: 21 COUNTY USED : 19 HP1: 250 HP2: 0 her ' U 5-1 d vv) ?1-314-r) vr,l ("•/) y / ' oos c k 1) / ar)p Nez-t..L-v\ is / ' <10 df-) -17/.05 c ° N i sus3 4') YW1 WI <1'1 o J / 0 _02_L ry a / 00:E _ev s rVo X724-5 472: Marina: Boat Storage&Slips Published:06/15/2004 Minnetonka Dockage Rockvam Boatyards, Inc 952-471-9515 www.rockvamboatyards.com print I Web site Published:06/13/2004 LAKE MINNETONKA DOCK Up to 24'.$1300/season.612-859-4600 print Published:06/13/2004 ST. CROIX(2)40+slips, 130'private beach,2+ BR home, Great lifestyle,$1800/mo. EZ 94 commute. 612- 963-4320 print Published:06/13/2004 MINNETONKA DOCKAGE Choice location, LOW RATES.THE Caribbean 952-474-6825 print Published:06/13/2004 STILLWATER:31'SLIP For Sale or Rent.$42K/$4K OBO 651-484-0919 print Published:06/13/2004 UPPER ST. CROIX RIVER Wild River Bay Marina St Croix Falls. 612-759-6465 print Published:06/13/2004 NORTHSHORE MARINA, end slip, Maxwell Bay, Mtka, up to 36'water&power,$2500.612-718-4798 print Published:06/13/2004 LAKE MINNETONKA SLIP For boat up to 20 feet.$1650 thru October. 952-472-7476 print Published:06/13/2004 SAILBOAT SLIPS Lake Minnetonka, Intoductory rate 952-474-0600 print Published:06/13/2004 FOR RENT LAKE MTKA SLIP,for up to 25',$2200 for season. Call 952-472-1467 June 11, 2004 Dear Boat Owner docked at 2740 Shadywood Rd: This letter is regarding your boat that is docked at 2740 Shadywood Rd in Orono. This property is operating as a marina, which is not allowed in the residential zoning district. We are currently pursuing legal action again Elaine Pagonis to stop operating her property as a marina in the residential district. Please remove your boat from 2740 Shadywood Rd by June 20, 2004. If the boat is not removed legal action will follow. If you have any questions please call myself, Janice (City Planner) or Mike (Planning Director) at 952-249-4600. Sincerely, gileCC Matt Bolterman Orono Inspector Enclosure: Orono boat dockage code Cc: Michael Winters, John Winters, Orin Rutchick, Andrew Williamson, Charles Hatton, Michael Gilbert, Todd Grisoff, Michael Olson Y - 47 yo ‘1l-fv.-00d TO: • •ORO-07169 Tue Jun 08, 2004 16:03 :10 DPJ4XAVCDRWN FROM: A36MPQ47 Tue Jun 08, 2004 16:03 :10 RECORD NOT FOUND - CHECK IDENTIFIERS T3OT REG/0795JQ TO: ORO-07170 Tue Jun 08, 2004 16:03 :31 DPJ4XAVCDS1V FROM: A36MPQ47 Tue Jun 08, 2004 16:03 :31 DNR BOAT REGISTRATION * ** WARNING ** THE "DNR" DATA BASE IS UPDATED WEEKLY, THEREFORE SOME "DNR" DATA MAY CONTAIN POSSIBLE ERRORS. ** USE INFORMATION WITH CAUTION ** IF QUESTIONS, CALL "DNR" (M-F,8-5) AT 800-285-2000 OR AFTER HOURS/WEEKENDS CALL "DNR" HELP DESK AT 877-447-1319 OR 877-285-8413. * LICENSE NBR: 7156FE EXP DATE: 1204 DLN: W536603367569 NAME: LAST/WINTERS FIRST/MICHAEL MIDDLE/JAMES ADDRESS: 7136 SUNSHINE DRV EDEN PRAIRIE MN 553460000 DATE OF BIRTH: 071963 PHONE: 0 * MAKE: FOUR WINNS YEAR: 87 HULL ID NUMBER: 4WNMB418H687 TYPE OF BOAT: 08 RUNABOUT USE: 1 PLEASURE HULL MATERIAL: 4 FIBERGLASS/PLASTIC TOILET: 2 NO PROPULSION : 3 IN-OUTBOARD LENGTH: 23 COUNTY USED : 27 HP1: 220 HP2 : 0 .579, Eos TO: ORO-07171 Tue Jun 08, 2004 16:03 :31 DPJ4XAVCDS1V FROM: A36MPQ47 Tue Jun 08, 2004 16:03 :31 DNR BOAT REGISTRATION * ** WARNING ** THE "DNR" DATA BASE IS UPDATED WEEKLY, THEREFORE SOME "DNR" DATA MAY CONTAIN POSSIBLE ERRORS. ** USE INFORMATION WITH CAUTION ** IF QUESTIONS, CALL "DNR" (M-F,8-5) AT 800-285-2000 OR AFTER HOURS/WEEKENDS CALL "DNR" HELP DESK AT 877-447-1319 OR 877-285-8413 . * LICENSE NBR: 7156FE EXP DATE: 1204 DLN: W536429676830 NAME: LAST/WINTERS FIRST/JOHN MIDDLE/PATRICK ADDRESS: 11428 KENSINGTON DR EDEN PRAIRIE MN 553470000 DATE OF BIRTH: 102856 PHONE: 0 * MAKE: FOUR WINNS YEAR: 87 HULL ID NUMBER: 4WNMB418H687 TYPE OF BOAT: 08 RUNABOUT USE: 1 PLEASURE HULL MATERIAL: 4 FIBERGLASS/PLASTIC TOILET: 2 NO PROPULSION : 3 IN-OUTBOARD LENGTH: 23 COUNTY USED : 27 HP1: 220 HP2 : 0 TO: ORO-07172 Tue Jun 08, 2004 16:03 :55 DPJ4XAVCDS7T FROM: A36MPQ47 Tue Jun 08, 2004 16:03 :55 RECORD NOT FOUND - CHECK IDENTIFIERS QBOT REG/0795JQ • TO: ORO-07166 Tue Jun 08, 2004 16:02:20 DPJ4XAVCDRHB FROM: A36MPQ47 Tue Jun 08, 2004 16 :02:20 DNR BOAT REGISTRATION * : ** WARNING ** THE "DNR" DATA BASE IS UPDATED WEEKLY, THEREFORE SOME "DNR" DATA MAY CONTAIN POSSIBLE ERRORS. ** USE INFORMATION WITH CAUTION ** IF QUESTIONS, CALL "DNR" (M-F,8-5) AT 800-285-2000 OR AFTER HOURS/WEEKENDS CALL "DNR" HELP DESK AT 877-447-1319 OR 877-285-8413 . * LICENSE NBR: 0453JL EXP DATE: 1204 DLN: R322666497391 NAME: LAST/RUTCHICK FIRST/ORIN MIDDLE/LEE ADDRESS: 4132 CHOWEN AVE S MPLS MN 55410 DATE OF BIRTH: 052451 PHONE: 0 * MAKE: BAYLINER YEAR: 96 HULL ID NUMBER: BL1C41CVJ596 TYPE OF BOAT: 08 RUNABOUT USE: 1 PLEASURE HULL MATERIAL: 4 FIBERGLASS/PLASTIC TOILET: PROPULSION : 2 OUTBOARD LENGTH: 17 COUNTY USED : 27 HP1: 90 HP2: 0 TO: ORO-07167 Tue Jun 08, 2004 16:02 :38 DPJ4XAVCDRNO FROM: A36MPQ47 Tue Jun 08, 2004 16:02 :38 DNR BOAT REGISTRATION * ** WARNING ** THE "DNR" DATA BASE IS UPDATED WEEKLY, THEREFORE SOME "DNR" DATA MAY CONTAIN POSSIBLE ERRORS. ** USE INFORMATION WITH CAUTION ** IF QUESTIONS, CALL "DNR" (M-F, 8-5) AT 800-285-2000 OR AFTER HOURS/WEEKENDS CALL "DNR" HELP DESK AT 877-447-1319 OR 877-285-8413. * LICENSE NBR: 1775FV EXP DATE: 1204 DLN: W452067234369 NAME: LAST/WILLIAMSON FIRST/ANDREW MIDDLE/ERIC ADDRESS: PO BOX 384 CARVER MN 553150000 DATE OF BIRTH: 051570 PHONE: 9523616233 MAKE: SEA RAY YEAR: 90 HULL ID NUMBER: SERA3692K990 * t TYPE OF BOAT: 08 RUNABOUT USE: 1 PLEASURE ,� HULL MATERIAL: 4 FIBERGLASS/PLASTIC TOILET: 2 NO �(Jft4 7""' PROPULSION : 3 IN-OUTBOARD LENGTH: 227 COUNTY USED : 27 HP1: 230 HP2 : 0 /PieGh iger TO: ORO-07168 Tue Jun 08, 2004 16:02 :55 DPJ4XAVCDRRS FROM: A36MPQ47 Tue Jun 08, 2004 16:02 :54 DNR BOAT REGISTRATION * ** WARNING ** THE "DNR" DATA BASE IS UPDATED WEEKLY, THEREFORE SOME "DNR" DATA MAY CONTAIN POSSIBLE ERRORS. ** USE INFORMATION WITH CAUTION ** IF QUESTIONS, CALL "DNR" (M-F,8-5) AT 800-285-2000 OR AFTER HOURS/WEEKENDS CALL "DNR" HELP DESK AT 877-447-1319 OR 877-285-8413 . * LICENSE NBR: 9421JQ EXP DATE: 1205 DLN: H350115603376 NAME: LAST/HATTON FIRST/CHARLES MIDDLE/MICHAEL ADDRESS: 15340 41ST PL N MAPLE GROVE MN 55311 DATE OF BIRTH: 051876 PHONE: 0 * MAKE: SEA RAY YEAR: 03 HULL ID NUMBER: SERR4500E303 TYPE OF BOAT: 08 RUNABOUT USE: 1 PLEASURE HULL MATERIAL: 4 FIBERGLASS/PLASTIC TOILET: 2 NO PROPULSION : 3 IN-OUTBOARD LENGTH: 18 COUNTY USED : 27 HP1: 190 HP2: 0 11 * � S TO: ' ORO-07163 Tue Jun 08, 2004 16:01:29 DPJ4XAVCDR41 FROM: A36MPQ47 Tue Jun 08, 2004 16 :01:29 DNR BOAT REGISTRATION * ** WARNING ** THE "DNR" DATA BASE IS UPDATED WEEKLY, THEREFORE SOME "DNR" DATA MAY CONTAIN POSSIBLE ERRORS. ** USE INFORMATION WITH CAUTION ** IF QUESTIONS, CALL "DNR" (M-F, 8-5) AT 800-285-2000 OR AFTER HOURS/WEEKENDS CALL "DNR" HELP DESK AT 877-447-1319 OR 877-285-8413. * LICENSE NBR: 4020HA EXP DATE: 1205 DLN: G416603866896 NAME: LAST/GILBERT FIRST/MICHAEL MIDDLE/WAYNE ADDRESS: 7100 CHES MAR DR EXCELSIOR MN 55331 DATE OF BIRTH: 112355 PHONE: 0 * MAKE: TROJ YEAR: 74 HULL ID NUMBER: TRJ41240873460 TYPE OF BOAT: 09 CRUISER (HARDTOP) USE: 1 PLEASURE HULL MATERIAL: 4 FIBERGLASS/PLASTIC TOILET: 3 USCG CERTI PROPULSION : 1 INBOARD LENGTH: 36 COUNTY USED : 27 HP1: 0 HP2 : 0 TO: ORO-07164 Tue Jun 08, 2004 16 :01:47 DPJ4XAVCDR8D FROM: A36MPQ47 Tue Jun 08, 2004 16 :01:47 DNR BOAT REGISTRATION * ** WARNING ** THE "DNR" DATA BASE IS UPDATED WEEKLY, THEREFORE SOME "DNR" DATA MAY CONTAIN POSSIBLE ERRORS. ** USE INFORMATION WITH CAUTION ** IF QUESTIONS, CALL "DNR" (M-F, 8-5) AT 800-285-2000 OR AFTER HOURS/WEEKENDS CALL "DNR" HELP DESK AT 877-447-1319 OR 877-285-8413. * LICENSE NBR: 5759FP EXP DATE: 1206 DLN: G621799261665 NAME: LAST/GRISOFF FIRST/TODD MIDDLE/FRANCIS ADDRESS: 8429 STONE CREEK CT CHANHASSEN MN 553170000 DATE OF BIRTH: 082668 PHONE: 0 * MAKE: WELLCRAFT YEAR: 88 HULL ID NUMBER: WELC3767H788 TYPE OF BOAT: 09 CRUISER (HARDTOP) USE: 1 PLEASURE HULL MATERIAL: 4 FIBERGLASS/PLASTIC TOILET: 3 USCG CERTI PROPULSION : 1 INBOARD LENGTH: 32 COUNTY USED : 27 HP1: 260 HP2: 260 TO: ORO-07165 Tue Jun 08, 2004 16 :02 :05 DPJ4XAVCDRCM FROM: A36MPQ47 Tue Jun 08, 2004 16 :02:04 DNR BOAT REGISTRATION * ** WARNING ** THE "DNR" DATA BASE IS UPDATED WEEKLY, THEREFORE SOME "DNR" DATA MAY CONTAIN POSSIBLE ERRORS. ** USE INFORMATION WITH CAUTION ** IF QUESTIONS, CALL "DNR" (M-F, 8-5) AT 800-285-2000 OR AFTER HOURS/WEEKENDS CALL "DNR" HELP DESK AT 877-447-1319 OR 877-285-8413. * LICENSE NBR: 1706JT EXP DATE: 1206 DLN: 0425603676315 NAME: LAST/OLSON FIRST/MICHAEL MIDDLE/PAUL ADDRESS: 4355 MACKEY AVE ST LOUIS PARK MN 554240000 DATE OF BIRTH: 042458 PHONE: 0 * MAKE: CRESTLINER YEAR: 04 HULL ID NUMBER: CRL07143K304 TYPE OF BOAT: 08 RUNABOUT USE: 1 PLEASURE HULL MATERIAL: 2 ALUMINUM TOILET: PROPULSION : 2 OUTBOARD LENGTH: 18 COUNTY USED : 27 HP1: 14 HP2 : 0 6-8-04 (morning): Received phone call from neighbor about 8 boats being docked at one property. Neighbor was especially concerned about the large boats docked on the lagoon side which were blocking her view to the lake. Neighbor mentioned that the dock on the lagoon side was installed this year and didn't exist in previous years. 6-8-04 (afternoon):Initial inspection by staff — discovered 8 boats (license #'s below, photos attached) at 2740 Shadywood Road, tied to two docks all licensed to owner's other than the property owner. Staff also observed several empty boat trailers being stored between the lake and house. A younger male was observed fishing off one of the boats. When asked if he lived at the property the male indicated that his dad rents a slip. 7156FE 0453JL 1775FV 9421JQ 4020HA 5759FP 1706JT 0795JQ 6-11-04: Letter was sent out to the owner's of the boats giving a deadline of June 20, 2004 for removal. 6-15-04: Letter was sent out to the property owner at 2740 Shadywood Road indicating the illegal operation of a marina in a residential zone. Deadline of June 23, 2004 was given for removal of all boats not licensed to the property owner of 2740 Shadywood Road. 6-23-04: Staff inspected the property and found 5 boats with the following license numbers: 9421JQ 1775FV 0453JL 4020HA 5874HP (not observed on 6-8-04 inspection) All letters and photos attached for reference. F • r t £1 ) /1'\CN/ .r\eN ,,i,,,‘‘,,, - -0 LI 7- z_-2_ .-„,,,,„;,„:;;, ,, _ .,, , , , , K.,,:, •. , _,,_ . „ .• ,.,. ., y j ' s \ T\ I • i may# 4 € a S .. ham - :, . 4, -. , ,- ii, : It +-t s• I * : .46, ,:.* iv.,".4ft .,. , '-:SI ..',1'''':..'-*7. ,.. •*,,,,, ,. . .. ... . . . . . 1 . .,, .. . . . . .... . „ . . ....... . .......... .. .. ••... ... . E'.•. ‘,' '.\i•1•: I•; t., It t 1111 , \ : 1 1r 1 :,4:' EI ) ? . • E • Ei 1 • 0 . k• ; Il•- • # ' : • • . • i' ,. • ‘i i • klieliii4. IFir • • NI , A 7, ' .,,.,,.. •4, . * r* . 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(CAG) COPY Kd k ECI 2, 29 MN 027 1500 r L LNB DATE REPORTED TIME REPORTED LOCATION GRID LC 2 / 09-17-04 2140 / 1 PLACE COMMITTED 2740 Shadywood Rd LNBR HRD BADGE TIME ASSIGNED TIME ARRIVED TIME CLEAR L I / R / 6505 / 2140 / / 2205 / LNBR ISN UOC UCS 4 / 0 1 / ( () C6 / J('� / ASSIST UNITS SUSPECT - SUS VICTIM OWNER -VICT REPORT PARTY - RP -OWN OFFENDER - OFF OTHER -OTH 5 / / / / WITNESS - WIT DRIVER -DR COMPLAINT LCivil Dispute/Possible Tresspass I OTHER REPORTS INCLUDED PC NAME D.O.B SEX RP Pagonis,Elaine Toni `. 08-24-64 F O ARREST D CITATION ADDRESS PHONE (H) 2740 Shadywood Road 952-471-9791 D WARNING D JAIL O DETOX CITY STATE ZIP PHONE(Wj C Orono,MN 55491 Co 12 -'3 6 b 5-4/20 O IMPOUND D IMP.CONSENT PC NAME D.O.B SEX D INFLUENCE REP. OPROP.INVENT. ADDRESS PHONE(H) D ACCIDENT REP. D PHOTOS CITY STATE ZIP PHONE(W) Q TAGS OSTATEMENTS hPCC 'N`AME ` D.O.B. SEX `'T„ AG,t.+1 G!1(. O COMM.VEHICLE REPORT ADDRESS PHONE(H) D VIDEO TAPE D AUDIO TAPE CITY STATE ZIP PHONE(W) D TAB CHARGE DISPOSITION: UNFOUNDED El CLEARED BY ARREST El REF.OTHER AGENCY El INACTIVE❑ OTHER ❑ R/C from Pagonis that several sections of her dock had been removed. The dock sections that were removed were place on the edge of the shoreline and on her yard. Several sections of dock were still in the water that were near the three boats that were tied to the dock. Pagonis said she had received two phone messages that advised her that if she did not pay the rest of the money,the dock sections would be removed. These messages were left by Mark Hallin. Hallin had installed a new dock for Pagonis in the spring. Pagonis contracted Hallin to install a new dock and also to have the dock raised in June. Total cost was$1050.00. Pagonis made two payments that totaled$800.00. Pagonis doesn't want to pay Hallin the rest, because she feels he has done unauthorized work and is too much. Hallin has come to Pagonis property and removed the wood sections during the summer and had called several times to be paid the remaining balance. A letter was sent to Hallin in August advising him to stay off the property. Pagonis also showed me a letter with today's date on it that Pagonis had sent by certified mail to Hallin,advising him to stay off the property. Pagonis said that she did not see Hallin on the property and said Hallin may have removed the sections of dock from the water. Pagonis does not own any of the boats at the dock and three other individuals rent out the dock space and can not get to their boats. Statement was taken and advised would send to city attorney for possible charges of trespassing. Also Pagonis may be in violation of ordinance reference to renting of dock space. COPY TO: CO ATTORNEY. Cl COURT El CHIEF ❑ SGT. ❑ INV. Cl CSO El OTHER' ,/,./,{y_., / e l /-) ?/ -O oL/e Officers Signature Supervisors Review LOGIS C. Farniok #6505 <e x:\apps\wpwi n60\Form s/I C R.wpd ORONO POLICE DEPARTMENT STATEMENT CASE#: 04-5079 OFFICER: Sgt. Correy Farniok INCIDENT: Civil Dispute/Possible Trespass DA'Z'E: September 17, 2004 PRINCIPLE: RP—Elaine Toni Pagonis DOB: 08-24-64 Oth—Mark Hallin TYPED BY: A.M. DATE TYPED: September 20, 2004 The date is September 17, 2004 at approximately 2155 hours. I am talking with Elaine Pagonis. CF = Sgt. Correy Farniok EP = Elaine Pagonis CF: Ma'am? Could you please state your full name for the record. EP: Elaine Toni Pagonis,DOB 08-24-64. CF: And a telephone number where you can be reached. EP: 952-471-9791: CF: Ms. Pagonis, can you tell me what happened today? EP: I just received a phone call that sections of my dock have been removed. CF: Who was the phone call from? EP: Mike Hatch. CF: Okay, and what was stated in the phone conversation? EP: What's going on? Are you removing the dock without telling me? CF: Who is Mike Hatch? EP: One of the boat owners out here. CF: Does he live in the area? EP: No. CF: Where does he live? EP: I don't know. I think Plymouth. CF: Okay. What else was in that conversation then? EP: I thought that because on August 1, Mark Hallin, the gentleman that ( I don't know if you want to call him that) installed the dock originally, he also removed five sections on August 1, somewhere between five and seven sections. I just thought that just the decking was gone and not the frame until I came home tonight. CF: Mark Hallin is the individual who you contracted with to install a dock on your property, correct? EP: Yes. CF: There is a dispute over the payment and the amount that Mark Hallin is to be paid? EP: Yes. Payment and work done. CF: Now he is claiming that because of the dispute, he is removing sections of dock. EP: I believe so. CF: This is because he feels that the installation has not been paid for and that's why he removed it? EP: I believe so. CF: Okay. What else has Mark Hallin done to you in the past? EP: Other than the late night phone calls, six a.m. phone calls, threatening me. CF: When you say threatening, what do you mean by threatening you? EP: I'm going to call the IRS on you. I know people. CF: And the purpose of calling the IRS is for what reason? EP: I have no idea. I have no idea. CF: So he is basically calling you to try and get payment? EP: Yeah. I mean he'll show up here and say write me a check for this much right now. Just kind of trying to force me to .... CF: How much has been paid to Mr. Hallin? EP: Eight hundred dollars. CF: And the total was to be an amount larger than that? EP: Originally it was $1, 050. Then he did some additional...He raised the dock back in June. CF: And you feel this was not a quoted price to you and that's why you're not paying the full amount of$1050. EP: It wasn't quoted, and he seems to be doing whatever he wants to do. CF: What happened today then, once you came home and determined that the dock was in fact pulled out of the water. EP: Well, I couldn't even tell. I believe most of the sections are there, but I just called you guys. I just called 911. Mark had called me earlier with threatening me. CF: What did Mark say when he called you earlier? EP: That if I don't pay him by Tuesday, the dock is going to get removed by forfeiture. He also threatened that he was going to take the dock out today. CF: That message was left for you today saying that if you didn't pay by Tuesday, he was going to remove it? EP: Actually, he called me Tuesday morning telling me he was going to remove it today, and then he called me today saying I want my money otherwise Tuesday again? I don't know. It is obviously out. Most of it is out. CF: Were these voice mails that he left on your phone? EP: Yes. CF: Did you ever have direct contact with him? EP: Yeah. Well, he would just show up here abruptly sometimes. You know, like I said, he removed the dock on August 1. Came out here and took it out. CF: The entire dock? EP: Just the decking. Maybe about seven sections. CF: So all that was left were the pipes? EP: Yeah. CF: What happened then? Did you have it replaced? EP: No. I just swam out and put it together myself. CF: Okay. You then assume that he came out today. EP: Yeah, he came out. CF: Did anyone actually see Mr. Hallin on the property removing the dock? EP: No. CF: Okay. Did you have any direct conversation with him after you received the last message saying that he was going to remove it? EP: No, no. CF: You showed me a letter earlier this evening that was sent certified mail. EP: Yes. CF: Telling him to stay off this property. Were there any letters sent prior to that? EP: Sure. I believe after the August 1 incident that I sent him a letter. It was not certified. I just told him to stay away. Off my property. That I would call the police if he shows up. CF: The last few times that you had direct contact with him, did you ever advise him at those times to stay off your property and not to come back? 2 EP: Oh, yeah. CF: In other words, if he came back, you would charge him with trespassing? EP: Yes. CF: Can you recall what dates those were? EP: Umm, actually I think it was just the August 1 date. I think it was that date that he actually removed my dock. I told him to leave. CF: Okay. Is there any other information you would like to add to this statement? EP: No. But he is stalking me and harassing me so I think I should file a retraining order. CF: When you say harassing and stalking, is there anything other than the phone calls and the time that he came to remove the dock sections? Are there other times? EP: Certain things like I'll do anything. You don't know to what extent I'll do. You know, I have his wife calling me, you know. CF: All right. I'll end this statement at 2201 hours. 3 Page 1 of 3 • September 17,2004 11:15 PM DL# Status CDL CLI Issued/ School Bus Physical Name/Address End Exp P252201799660 VALID N/A D 04/10/2001/ ELAINE TONI PAGONIS 08/24/2005 2740 SHADYWOOD RD ORONO 55331 Incidents(C=Conviction) Action Items # Date Description County CDL Date Description Length Until Date 1 08/09/2001 REINSTATE DRIVING PRIVILEGES 2 07/10/2001 SUSP-DRIVING 30 Days 08/09/2001 AFTER WITHDRAWAL 07/10/2001 LIMITED ISSUED 08/09/2001 3 06/29/2001 SUSPENSION FEE PAID 4 04/05/2001 DRIVER TEST WAIVED REINSTATE DRIVING 04/05/2001 PRIVILEGES-RECEIPT I 5 03/26/2001 PASSED WRITTEN TEST 6 03/23/2001 FEE REQUIREMENT MET INSURANCE 7 03/22/2001 CERTIFICATE RECEIVED C 8 03/21/2001 DRIVING AFTER Hennepin/Ridgedale WITHDRAWAL NO PROOF OF 9 10/27/2000 INSURANCE POLICE HENNEPIN ISS 12/27/2000 REV-NO PROOF OF 90 Days 03/27/2001 INSURANCE C 10 04/26/1999 SPEED Hennepin/Southdale REINSTATE DRIVING 11 08/24/1998 PRIVILEGES-RECEIPT STATE 12 08/21/1998 REI PRIVILEGES DRIVING 08/21/1998 REINSTATEMENT ENTRY MADE INSURANCE 13 08/18/1998 CERTIFICATE RECEIVED 14 08/17/1998 PASSED DRIVER TEST 08/17/1998 FEE REQUIREMENT MET 171-11 II If II If II II II http://www.dvslesupport.org/dvsinfo/dvsnewdl/Demographics.asp?Prnt=YESPHOTO&DispType=ALL&... 9/17/2004 I. Page 2 of 3 J 15 03/19/1998 PASSED WRITTEN 1 TEST 16 07/22/1997 SUSP-3RD DRIVING 180 Days 01/16/1998 AFTER WITHDRAWAL 17 HENNEPIN 07/16/1997 SUSP UNPAID FINE (S) 08-19-1998 FINE(S) PAID 18 HENNEPIN 04/17/1997 SUSP UNPAID FINE (S) 08 17 1998 FINE(S) PAID NO PROOF OF 19 10/08/1996 INSURANCE POLICE HENNEPIN ISS C DRIVING AFTER Hennepin/Ridgedale WITHDRAWAL III I 11/07/1996 I REV INSUORANCE PROOF OF I 90 Days II 02/05/1997 II II i 20 HENNEPIN 10/24/1995 SUSP-UNPAID FINE 08/24/1998 (S) 21 HENNEPIN 07/20/1995 SUSP-UNPAID FINE (S) 05-16-1997 FINE(S) PAID 22 07/13/1995 SUSP-2ND DRIVING 90 Days 12/14/1995 AFTER WITHDRAWAL 23 07/12/1995 SUSP-DRIVING 30 Days 09/15/1995 AFTER WITHDRAWAL C 24 06/07/1995 DRIVING AFTER HENNEPIN WITHDRAWAL 25 II I I 105/21/1995 SUSP- DRIVER LICELICEE OF iNSE 90 Days I 08/18/1995 26 05/19/1995 SUSP- UNPAID FINE (S) NO PROOF OF 27 03/06/1995 INSURANCE POLICE HENNEPIN ISS C GIVE FALSE INFO TO HENNEPIN POLICE OFFICER 05/02/1995 REV NO PROOF OF 30 Days 06/01/1995 INSURANCE I28 I SUSP-UNPAID FINE i HENNEPIN I 04/26/1995 (S) 04/26/1995 SUSP- UNPAID FINE (S) i 08 17 1998 FINE(S) PAID 29 03/29/1995 REINSTATE DRIVING PRIVILEGES I30 03/28/1995 SUSPENSION FEE PAID C 31 03/27/1995 SPEED Hennepin/Ridgedale C 32 03/26/1995 DRIVING AFTER HENNEPIN WITHDRAWAL SUSP- FAIL TO 33 HENNEPIN 11/07/1994 APPEAR OR PAY 03/29/1995 FINES SUSP- FAIL TO 34 HENNEPIN 11/03/1994 APPEAR OR PAY FINES n1-1i II It In I! a II I http://www.dvslesupport.org/dvsinfo/dvsnewdl/Demographics.asp?Prnt=YESPHOTO&DispType=ALL&... 9/17/2004 Property Information Search by Property ID Result page Page 1 of 2 Hennepin County MN www.Hennepin.us SEARCH TIPS Property Information Search Result The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Search By Parcel Data for Taxes Payable 2004 Click Here for State Copy of Payable 2004 Tax Statement t ADDRESSVIEW TAXES DUE PAYMENT OPTIONS CURB �rAtsses p sc,R TAXES ADDITION NAME Property ID: 21-117-23-24-0065 Address: 2740 SHADYWOOD RD Municipality: ORONO Property ID: School Dist: 277 Construction year: 1954 21 1 1 723240065 Watershed: 3 Parcel Size: IRREGULAR Sewer Dist: Search 1 Gear Owner Name: ELAINE T PAGONIS Taxpayer Name ELAINE T PAGONIS & Address: 2740 SHADYWOOD RD EXCELSIOR MN 55331 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions. Sale Date: December, 1989 Sale Price: $290,000 Transaction Type: Warranty Deed Tax Parcel Description Addition Name: REG. LAND SURVEY NO. 0420 Lot: Block: Metes & Bounds: THAT PART OF TRACT D LYING SELY OF A LINE DRAWN FROM A PT ON SWLY LINE OF TRACT D 21.51 FT SELY FROM MOST WLY COR OF SAID TRACT D TO A PT ON N Note: This is a Partial Metes & Bounds Description. To receive full tax parcel description, email request to taxdescriptionftco.hennepin.mn.us Abstract or Torrens: TORRENS Value and Tax Summary for Taxes Payable 2004 Values Established by Assessor as of January 2, 2003 Estimated Market Value: $1,258,000 Limited Market Value: $842,100 Taxable Market Value: $842,100 Total Improvement Amount: Total Net Tax: $9,088.03 Total Special Assessments: $1,163.66 http://www2.co.hennepin.mn.us/pins/pidresult.j sp?pid=2111723240065 9/17/2004 Property Information Search by Property ID Result page Page 2 of 2 Solid Waste Fee: $150.39 Total Tax: $10,402.08 TAXES DUE Property Information Detail for Taxes Payable 2004 Values Established by Assessor as of January 2, 2003 Values: Land Market $880,000 Building Market $378,000 Machinery Market Total Market: $1,258,000 Land Limited $589,100 Building Limited $253,000 Total Limited: $842,100 Qualifying Improvements Classifications: Property Type RESIDENTIAL LAKE SHORE Homestead Status HOMESTEAD Relative Homestead Agricultural Exempt Status 5303 Hennepin County is providing this information as a public service. Tax related questions: taxinfo@co.hennepin.mn,us Need help locating a property on our site? Check out our Search Tips Home I Your County Government ( Licenses, Certificates, & Registration Employment & Volunteering I Health, Housing, & Social Services Law Public Safety, & Courts I Environment, Property, &Transportation Copyright © 2004 Hennepin County, Minnesota ( www.Hennepin.us Accessibility Policy I Contact Hennepin County I Security/Privacy Statement http://www2.co.hennepin.mn.us/pins/pidresult.jsp?pid=2111723240065 9/17/2004 Municode.com I Online Library ' Page 1 of 1 "nunI�e4 Help i Document I Results i Doc/Results ( Search Form 'dock space rental . -• � Choose search form ,, '` '' 4e>Sync Sync Contents J Prey Match 4 Next Match Clear Matches Eb Find Similar n Print Q Bookmark i NXT To ei mn Itla ei minnesota it ARTICLE III. MARINAS o ei CITY CODE ORONO, i 10 0 Preliminaries ;� i CITY CODE DIVISION 1. GENERALLY I` Q Title I GOVERNMENT OPER<, I$ , • 0 Chapter 1 GENERAL PROVIS =� Tu n Chapter 2 ADMINISTRATIONi Q Chapters 3--5 RESERVED Sec. 94-71. Definitions. I• LI Chapter 6 ELECTIONS* 1 iliJ E Chapters 7 9 RESERVEThe following words, terms and phrases, when used in this article, I ' Chapter 10 SPECIAL ASSESS shall have the meanings ascribed to them in this section, except where the Chapters 11 13 RESERVED' context clearly indicates a different meaning: ' 0 Title II UTILITIES Boat slip, water, boat slip, land, boat slip, J ' LI Chapter 14 UTILITIES* I p' p> permanent, and boat slip, Is 11 transient, shall have the meanings given them in section 94-36. , ]- Chapters 15--17 RESERVED • t .t. 1J Title III STREETS, PARKS All.Sj, Business of docking, mooring or storing boats means renting or I In Chapter 18 STREETS, SIDEV1 otherwise providing space, including boat buoys, for docking, mooring or .'%:1 Q Chapters 19--21 RESERVED :, storing one or more boats belonging to persons other than the owner or il Chapter 22 PARKS AND REOin occupant of the p property, except when licensed as a joint use. TiM sir Chapters 23--25 RESERVED _ , Q Title IV BUSINESS, LICENSIthg Business use means engaging in either a marina business or the Chapter 26 BUSINESSES* Ai business of docking, mooring or storing boats. 6 Chapters 27--29 RESERVED Marina business means engaging in one or more of the permitted, 1 0 Chapter 30 PEDDLERS AND 3 accessory or conditional uses allowed within the B-2 zoning district. 6 Chapters 31--33 RESERVED i = Ci Chapter 34 ALCOHOLIC BEV (Ord. No. 117 2nd series, § 2(5.43(1)), 6-28-1993) Chapters 35--37 RESERVEDIR Chapter 38 AMUSEMENTS A' Cross references: Definitions generally, § 1-2. 6 Chapters 39--41 RESERVED i Q Title V PUBLIC PROTECTIO i �' Chapter 42 EMERGENCY SE� Vij I,., Sec. 94-72. Zoning standards. 6 Chapters 43--45 RESERVED Chapter 46 FIRE PREVENTI Businesses required to be licensed under this article shall be subject al 3'- to the requirements and performance standards of the B-2 zoning district. , Q Chapters 47--49 RESERVED i LI Chapter 50 HEALTH AND SAI r ° (Ord. No. 117 2nd series, § 2(5.43(5)), 6-28-1993) Q Chapters 51--53 RESERVED i4TTA Chapter 54 SOLID WASTE* I ': Cross references: Zoning, ch. 78. U Chapters 55--57 RESERVED LI Chapter 58 ENVIRONMENT* . 6 Chapters 59--61 RESERVED i' LI Chapter 62 ANIMALS* Sec. 94-73. Designation of primary operator. Eal Chapters 63--65 RESERVED The primary business operator on the property shall be the 3 l Chapter 66 TRAFFIC AND VETTai licenseholder and shall be responsible for notifying the city of any and all Li Chapters 67--69 RESERVED businesses subleased on the premises. Such secondary businesses shall Chapter 70 OFFENSES AND , not be separately licensed but shall be allowed only when in conformance 6 Chapters 71--73 RESERVED with the provisions of the B-2 zoning district standards. Q Title VI LAND USE in Chapter 74 PLANNING COMA (Ord. No. 117 2nd series, § 2(5.43(5)(B)), 6-28-1993) 0 Chapters 75--77 RESERVED iLl Chapter 78 ZONING REGULA,�<' lttp://library 12.municode.com/gateway.d11/MN/minnesota/1324?f=templates&fn=default.htm&npusema... 9/17/2004 Sec . 2 . 015 , Subd. 8 b) at dock facilities under this section subject to the following:99) ollowng99) a) The slides must be licensed for the same site . b) Application for conversion shall be made by applications for reconfiguration under this section and for new dock licensees under Section 2 . 03 and subject to the review criteria of Section 2 .03 , Subd. 3 . c) The conversion of slides to slips may not increase the number of boat storage units at the site. d) In converting slides to slips the applicant shall be given credit for 100 square feet of slip space for each slide converted. e) All slides converted to slips must be removed. Subd. 9 . Watercraft Length Limitation. a) It is a condition of all dock licenses issued for docks which are reconfigured under this section after June 5, 1998 , that all watercraft stored at an authorized boat storage unit location must comply with the length limitations of this subdivision. No watercraft may be stored at any boat storage unit location which has a length overall (LOA) which exceeds the following limitations : 1) .for boat storage units enclosed by a slip with an end and two sides, the length of the longer side, including licensed dolphin poles, plus four feet; and 2) for all other boat storage units, the length of the side of the boat storage unit location at the dock which is parallel to the longitudinal axis of the watercraft, including licensed dolphin poles, plus four feet. However, for any boat storage unit the Board may specify a different length limitation at the time of approval or renewal of a multiple dock license if the Board concludes that the lengths specified in paragraph a) and b) above are not appropriate . In addition to the watercraft limitations specified in this • subdivision, all watercraft must be stored completely within the authorized dock use area of the site. b) For purposes of this subdivision, LOA means the hotizontal measurement from the foremost to the after.most points of the watecraft, including all equipment and attachments in their normal operation positions. Section 2 . 02 . Shoreline Requirements . • Subd. 1 . General Rule. No new docks or mooring areas shall • -24- • Sec . 2 .02, Subd. 2 (Rev. 11-00) ' be constructed, established or maintained which provide space for or are used for mooring or docking a greater number of restricted watercraft than one for each 50 feet of continuous shoreline in existence on May 3 , 1978, unless authorized to do so by special density, license pursuant to Section 2 .05 . For sites with continuous shoreline greater than 100 feet, when measurements determining the number of restricted watercraft allowed result in the provision of a fractional restricted watercraft, any fraction up to and including one-half (1/2 ) shall be disregarded, and fractions over one-half (1/2 ) shall be counted as one additional restricted watercraft. Subd. 2 . Special Rule for Sites in Existence on August 30, 1978 . Unless a greater number is authorized by the provisions of Subd. 1 above, up to two restricted watercraft may be kept at any dock or mooring facility which is located on a site (as defined in Section 1 . 02) which was in existence on August 30 , 1978 . Subd. 3 . Additional Watercraft Allowance in Certain Cases . Unless a greater number is authorized by the provisions of Subd. 1 above, up to four restricted watercraft may be kept at a dock or mooring area located on any site (as defined in Section 1. 02 ) provided that all of the following conditions are met : a) There must be one, and no more than one, single family residential structure on the site. If there is no residential structure on a site, any one off-lake lot, parcel or other piece of property which 1) is legally subdivided and recorded in the office of the County Recorder; 2 ) adjoins the site or is separated from the site only by a public right-of-way; 3 ) is under common ownership and unified use with the site; and 4) is occupied by one single family residential structure, may be designated to be a part of one site by the owner, for purposes of this paragraph. b) The dockage rights at the site are owned exclusively by the owners of the lot parcel or other piece of property on which the residential structure referred to in paragraph a) is located. c) All of the restricted watercraft kept at a dock or mooring at the site must be owned by and registered to persons who live in the one residential structure referred to in paragraph a) . The homestead or non-homestead status of property for ad valorem real estate tax purposes has no bearing on or application to this subdivision. Subd. 4 . Special Rule for Non-Conforming Docks and Moorings in Existence on May 3 , 1978 . Docks and mooring areas lawfully in existence on May 3 , 1978 may continue provided the number of restricted watercraft stored or moored at such docks and mooring areas does not exceed the number stored or moored on May 3 , 1978 . No such docks or moorings may be -25- Sec. 2 . 02, Subd. 4 (contd. ) (Rev. 11/00) Maintained without first securing a dock license under Section 2 . 03 or a non-conforming use permit under this subdivision. Applications for non-conforming use permits shall be made on forms provided by the District and upon payment of the fee established by resolution of the Board. Non-confoiluing use permits need not be renewed on an annual basis . Such licenses and permits will be issued only after a public hearing and upon presentation of evidence deemed sufficient by the Board to prove that the dock or . mooring was in existence on May 3 , 1978 and that the number of restricted watercraft applied for were docked or moored at such facility as of such date. -26- Hennepin County Map Server Page 1 of 1 • Hennepin county, MN Click on map to view infolniation on adjoining properties • Scroll down to see property address, value & tax info fc4 zoom LEVEL ZOOM IN ZOOM OUT PAN Jisr 1311 m m� Lig (655) FULL VIEW Last update:9/03/2004 at 1:00 PM READ IMPORTANT DISCLAIMER INFORMATION BELOW Click on Property Information Button below to view main tax information page for the property you have selected HENNEPI! COUNTY SI1RVEYOR MAP PRODUCTS I HOME PROPERTY INFORMATION HELP NEW SEARCH BY PROPERTY ADDRESS NEW SEARCH BY PROPERTY ID The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Please report any map discrepancies to Bob Moulder(Hennepin County Survey Division) at (612) 348-2618 or via e-mail at Bob.Moulder@co.hennepin.mn.us The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 800x600 screen resolution. This application requires Internet Explorer 3.02 or Netscape 2.01 or later version for proper operation. Copyright © 2004 Hennepin County http://www 19.co.hennepin.mn.us/scripts/esrimap.dll?name=Hennepin&Cmd=Pan&Value=&propStatus=... 9/17/2004 FOLLOW-UP/CONTINUATION IMPORT Offense Case # Complainant °,671^^-1 Phone • (Address, City, State, Zip) Additional Details of Offense, Progress of Investigations, Etc. o'`': -f9-o y — —27 . •G 6e-a /44P 5c.„,444--- ct-,, , ciz—c-14 cam_ Ar/J .,.. L �-vK%�� tit.lJ ii�•C Ylc��`` CO -�� I-1c.tl:� cs t�-� 914051 , Pc- �; s se �e4T ec Qct fe ff�:Y c( ,4 -F L.n c 4 tc E F ti fK,K j 7b� Officer's Signature Date 9 .-.7 S v :e: 9/17/2004 Time: 11:46 PM To: @ 952-476-3028 Hennepin County 20 Page: 001-001 P S W 3 EVENT HISTORY DETAIL: H042611336 09/17/04 C A D HENNEPIN COUNTY SHERIFF 23 : 45 ************************************************************** MSG #0426120908 < FAXED FROM: 0266 / TO: FMPD65 @ 09/17/04 23:45: 51 > INITIATE: 21 :25 : 34 09/17/04 CALL NUMBER: H1336 ENTRY: 21 :27 :57 CURRENT STATUS: CLOSED DISPATCH: 21 :29 : 32 PRI UNIT: 6505 ONSCENE: 21 : 38 : 14 SERVICE PROVID: 65 CLOSE: 22 :04 : 09 DISPOSITION: CLEAR SYSTEM SEQUENCE NUM: 040161683 LOCATION: 2740 SHADYWOOD RD,ORO (WEST LAFAYETTE RD & NARROWS BRIDGE) Address is in Property Tax file AREA: 65 DIST: 6500 TYPE: TRES TRESPASSING PRIORITY: 3 PZONE: 65P001 FZONE: 56F380 EZONE: NOR65C E911 : ADDRESS ONLY 21 :27 :57 JA01 ENTRY NAME:ELINE PAGONIS\AD:44 .900275 093 616046,P0404-A-MN2\PH: 612 366 5480\TX: **THE DOCK INSTALLER TOOK DOWN HER DOCKS TODAY AND LEFT 3 BOATS WITHOUTA PLACE TO PARK . . . SHE WANTS TO REPORT HIM FOR TRESPASSING 21 : 27 :57 JA01 BOUNDARY 21 :27 :57 JA01 PRIOR HP HARASS YESTERDAY @ 08 : 48 : 02 (4 MORE) 21 :27 :57 JA01 E911 N 44. 900275 093 616046,P0404-A-MN2 763-511 9661 WPH1 T-MOBILE USA*973-292 8911 CALLBK=(612 )366-5480 TEL TMOB 21 :29 : 10 JDO1 MISC DISPATCHER REVIEW 21 : 29 :20 JD03 HOLD 21 :29 :32 JDO1 DISP ENR 6505/006505 FARNIOK CORREY 21 : 38 : 14 ONSCENE 6505 21 :53 : 36 JD03 OK 6505 22 : 04: 09 CLEAR 6505 CLEAR, CLEAR 22 : 04 :09 CLOSE OPERATOR ASSIGNMENTS: JA01 196706 SCHOLL CHRIS JDO1 196706 SCHOLL CHRIS JD03 198210 STONELAKE SHANNON RECEIVED HINSHAW .)AN 0 5 2005 & CULBERTSON LLP CITY OF ORONO January 4, 2005 ATTORNEYS AT LAW Elaine Pagonis 222 South Ninth Street Suite 3100 2740 Shadywood Road Minneapolis, MN 55402-3336 Orono, Minnesota 55331 612-333-3434 Re: City of Orono v. Elaine Pagonis 612-334-8888(fax) Court File No. MC 04-14830 www.hinshawlaw.com Our File No. 754868 Dear Ms. Pagonis: Enclosed and herewith served upon you, please find a Notice of Entry of Judgment in the above-referenced matter. Very truly yours, HINSHAW & CULBERTSON LLP lik4a Mark T. Berhow Direct 612-334-2604 mberhow@hinshawlaw.com MTB/lmg Enclosure cc: Thomas J. Barrett, Esq. Arizona California Florida Illinois Indiana Minnesota Missouri New York Oregon Wisconsin Elaine Pagonis January 4, 2005 Page 2 bcc: Michael Gaffron 121105887v1 754868 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: MISC./CIVIL City of Orono, ) Court File No. MC 04-14830 ) Plaintiff, ) ) NOTICE OF ENTRY OF JUDGMENT v. ) ) Elaine Pagonis, ) ) Defendant. ) TO: DEFENDANT ELAINE PAGONIS, ATTORNEY PRO SE, 2740 SHADYWOOD ROAD, ORONO, MINNESOTA. PLEASE TAKE NOTICE that on December 28, 2004, Notice of Entry of Judgment in the above entitled action was filed in connection with the attached Amended Order Granting Default Judgment executed and filed on December 21, 2004. PLEASE TAKE FURTHER NOTICE that this Notice is being served in accordance with Rule 104 of the Minnesota Rules of Appellate Procedure and may, under those rules, control your time limits if you appeal. Dated: January 4, 2005 HINS W & CULBERTSON LLP By: Jodi L. Johnson Reg. No. 277265 Mark T. Berhow Reg. No. 031450X 3100 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 Telephone: 612-333-3434 Fax: 612-334-8888 ATTORNEYS FOR PLAINTIFF CITY OF ORONO 1211 05875v1 754868 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Dated: DECEMBER 28, 2004 NOTICE OF ENTRY OF JUDGMENT MARK THOMAS BERHOW 3100 CAMPBELL MITHUN TOWER 222 SOUTH NINTH STREET MINNEAPOLIS MN 55402-3336 IN RE: CITY OF ORONO vs File Number: DC MC 04-014830 PAGONIS , ELAINE You are notified that on this date JUDGMENT was ENTERED in the above-entitled matter. A true and correct copy of this Notice has been served by mail upon every party affected, or upon the affected parties' attorneys of record, at the last known address of each, pursuant to Minnesota Rules of Civil Procedure, Rule 77.04. ' PURSUANT TO MSA 548.09 JUDGMENT SHALL BE DOCKETED UPON THE FILING OF AN AFFIDAVIT OF IDENTIFICATION OF JUDGMENT DEBTOR.*** JUDGMENT ENTRY DATE : DECEMBER 28 , 2004 Mark S. Thompson Judicial District Administrator Hennepin County Courts Judgment Dept. (612) 348-3169 J107JL09 (79) (04/15/02 OV105) ` - pticaerc VANG �� IP Tz7O -/ ,N( Dw Io14' - 1 -2:7 -o• Y Do ccs /-1-kv 6 g (� a-7- •roc-L 2-- li/),M /Th5t. /us (reirk6- neosr LA4( ..) go c„ „,_ 4 -01\)(., ; 1 S LL - tC--te..F~ SO) '" 2, ita ojl Tp i t 7v �a - Qvs1S V7 Doc I/)s7�'�'Zt d1 G)N 2- b''4'k 1 Q L &Kr )e,, N 5�c AT- c,4..-L P uL Po Myr C Fr2 � 0 r OF -714-11 t INITIAL COMPLAINT REPORT ifiW Orono Police Department Control Number CAG Date Q MN0271500 I g -X25--0V e$a':T BADGE How Rec'd Time Reported Time Assign Time Arrive Time Clear Grid �// Place�1_ / / e /W, / /5 /930 Committed / / 7Ya— 511AM Virreoj ) MOC Code UCS 01 q00 S P.C.Codes Suspect=Sus Victim=Vic 02 Reporting Party=RP Owner=Own Assisting Units: Offender=Of Driver=Dr 03 Witness=Wit Other=Oth COMPLAINTP. Jw 'f' — G �1_L YC�. AME Last) ,`' (First) (Middle) Affect Cita tion DOBC� C,L Warning Jail RESS 519-4- ;/' C/_. / Detox Tab Charge CITY STATE ZIP SEX RACE PHONE Home Work Cell //�� ? �/� Othe Video Tape Audio Tape t, z JGG-.4 7QD (Last) (First) Impound:Auto Plate P.C. NAME (Middle) o GdZEGPEi3-!1 /.)D cl<5' ADDRESS DOB Prop Inveco pyort //// — GO , / ,0 /9 CITY STATE ZIP SEX RACE Imp Consent in/9D't--E- at- 2W 5-5.3 S---7 PHONE Home Work Cell Other Influence Report Photos P.C. NAME (Last) (First) (Middle) Comm Vehicle Rpt ADDRESS DOB Overweight Statements CITY STATE ZIP SEX RACE ROLL CALL PHONE Home Work Cell Other / 17 L�'L�l..!/_-- /LLQ«1�/ / �/L! . Ar/2 -1._./47 ' t� dL i /i .tel/)^' 4 / / r .'_ � � ,.«/i iii _ / i' -/ /" ' / / / /id / / / / � � 31 9'6ice - .. A., ." �, rIW , �a i / / / / t / �r ' / / / - , .1...i ZA.16dy• /fes/ r / •PYTO: E Ei ID Li 1 /"- Q ,I/P, • /D` CO.ATTNY. ❑ CITY ATTNY. ❑ COURT ❑ CHIEF ❑ IMP.CONS. ❑ ( INV. ❑ CSO ❑ OTHER ❑ DISPOSITION: Unfounded ❑ Cleared By Arrest ❑ Ref.Other Agency ❑ Inactive ❑ Other: OFFICER'S SIGNATURE Supervisor Arrest cS7‘,"7----" Review Prop. 1 C) 3 Mark and Thresa Hallin September 17, 2004 300 Oak Street Excelsior, Mn 55331 Dear Mark and Thresa: It is my understanding that today is the day that you have threaten me with the removal of my dock. I have told you numerous times not to come on my property- EVER. You no longer are employed by me and never will be. If you are found on my property, I will have no choice but to contact the police and have you arrested. When I first contacted you 18 months ago to install my Eklof dock, you subbed it out. Only to find out your sub installed 6 of the 7 sections due to a bent post. You corrected by replacing the post and installed the dock again. I paid for the installation of my dock twice. That should not have been at my expense. This year you suggested I sell the Eklof by advertising it in the local paper and you will set me up with the crepeau dock at$300/section. It was never clear to me how much all of the materials and labor would be. There was never an original bid. Your labor bill came in at$1,050.00. It was much higher than I had anticipated on spending. I paid you$500 cash in June. The balance due was $550. Subsequently you show up,without notice, to tell me if I don't raise my dock it will float out tomorrow. On that day you charged me an additional $190.00 You told me to watch my neighbors dock, it will float away the next day. It never did. On that day you also sold me 10 additional bumpers informing me my boats will get banged up if I don't get the bumpers. The bumpers were first quoted at$30/each; however, once they were installed, they came in at $45/each.Another$450.00 tacked on to my crepeau bill. Is this a tactic you use to lure people into spending more money? I find it interesting that the city of Orono was in a pontoon boat on that same day in my backyard asking you why you are installing an illegal dock. When I questioned you who they were, you told me they were inquiring about docks. When I asked you why did they have binoculars, you said they were bird watching. If you are lying about the city of Orono,what else are you lying about? I still paid you an additional $300 in July for the dock installation. You, in return came back to force me to write you another check by removing my dock and stacking it out on the peer of the dock. Since that wasn't enough, you took out my mailbox. When I asked you about my mailbox you said your snowplow has no insurance,not how do you know it was a snowplow? I have been in touch with crepeau docks in the past and I will connect with them again regarding ndy outstanding balance on my dock or materials. This has nothing to do with you or your labor withect to my house. • I have paid you$800.00 for the install of an illegal dock. You have lied and harassed me the last several weeks. Lose my number(you obviously can't remember my name). I would welcome conciliation court to resolve any issues or unresolved issues for either party. Please never contact me again, Elaine T. Pagonis iI Ilillb /U OV CREPEAU DOCKS CREPEAU DOCKS Xfi 1111 County Road 19 � Maple Plain, MN 55359 , 4/0 N4�i�lrre�LL 763-479-6835 Fax 763-479-6445 Phoneb &z, I/7 -979/ 31/2-x-8'-Section&o moo 3e60-,Go 6 x 8' Section / Starter Bracket y�00 1)/0• Adaptors .0 -*4/?q v,00 Bows Canvas Steel Bumpers Bench Ladder - 7/'l7,7-4a 4iiJ TOTAL �7o?J�Od 4/ ii /6/944.- TAX -2��_/a - fi71� ,GY/rn e 143— INSTALLATION '�'4ee _'71,2 DEPOSIT ( ,g° ' ) BALANCE -g7 /-1 k____P 1/ii-h-6 . STATEMENT CREPEAU DOCKS 1111 County Road 19 ����� MAPLE PLAIN, MN 55359-9- g56 DATE (763) 6835 479- 6445 FAX (763) 479- I .. 4"444:,)11 ,,i Wt", _ TERMS: PLEASE DETACH AND RETURN WITH YOUR REMITTANCE ifie-aseot'r- $ - -,..-.:f-1,-.7!,,, ;I �hR�i.;�� ham, ... t ,� ; C�'�'..,: `wd"� �` -��`.# . `",.,,,,....;-;.'"'.,."- -;W:42.4."4'.""?;. -s 'y '� �+')idx '` •" " BALANCE FORWARD 4e3�G 7�� ii r d/16 i° '3 G 37 G,, } y--------------- Y.1 f e -. it ._ CREPEAIJ DOCKS C/J JJJ /� , � ........ ' `� f 9,,, LAST AMOUNT C..l�'W PAY THIS COLUMN G i It .mow,__ ..".!++' �. • VI'. r )/)la(,k r res' + CD 0 rio-t Corner to Zo /71-7 le rfrt e- eat 27'-fi ' S4a Sh zix.r e 3 .... cP< X ci use nc /c)n3 e _ f j , rerno vtS o rnit doc,k ort 0 0"/1 �,ctS U!1ece-S-C ry . �Ster1Ct flare_ Cot c,e-eGL -t---^�-- bI c :1)Cti9 arfntecCIL re 4riny y0 You r-e seaSS14 fr-z Aar-c- it o 10,.� 10,37L-10,37L- con i c Yid loc z rpt711-V ri4?6,5 vv.; Cct+'L Co rttic_" fr,. u I cam- u- S. t Zl 'rt No� `v� . \ SO 0 Oat( -›-- P 1 ryf ."--- -_?'? 1 _., r)<, ;In r-e c.Arrt e9--f yo ti c ro/c-e__ /1'1 a-A: / eyij 4 v . c 0 rr eft-1 ly Act r-e-- .r)0 S 0 k, -flop^ re. cAr-i i.-.q -ISA- otioC_A. i l'‘C.-' A° 0 Shad-ti tAlo 6 J Ai . 1; k-e_ yo or i 0 e_e,-- 11 CI a_,',-,„s Cour .e. 4, /.14.., pO;,„ & ____L L -e /It irc_ ( i-e z.....,o.../ ij yl,e_c_c_r2 c.,. 14--„;ro( party or e cb.ai-o in /_// c / c---s 1 7 4 f_ to cAi , cu A 0...1--- .ovare ,y i 0.1 0„.„-k_ A__. ...... I ic, W ..i_n)res+1., ---- Akvs_c_. �' Tb: D68-01809 Sat Sep 25, 2004 14:25:06 CV6N9AYSCBZT FROM: A36MPQ43 Sat Sep 25, 2004 14:25:06 * * * TXT NAM/PAGONIS, ELAINE TONI. *RECORD DISSEMINATION RESTRICTED* SNM/2740 SHADYWOOD RD. CTY/ORONQ. STA/MN. ZIP/55331. SEX/F. DOB/19640824. HGT/504. WGT/155. EYE/BRN. DISABILITY CERTIFICATES:N OLN/P252201799660. OLT/1. CLS/D. EXP/082405 STATUS: VALID GLASSES DONOR:N DESIGNATED CAREGIVER:N PHOTO: 1752082162. ISU/041001. DNR TRAINING=FIREARM:N, SNOWMOBILE:N 08/09/01 REINSTATE DRIVING PRIVILEGES *07/10/01 * LIMITED UNTIL 08/09/01 *07/10/01 * SUSP - DRIVING AFTER WITHDRAWAL 00030 08/09/01 06/29/01 SUSPENSION FEE PAID 20/750 04/05/01 REINSTATE DRIVING PRIVILEGES - RECEIPT 04/05/01 DRIVER TEST WAIVED 03/27/01 NOTICE RE REQUIREMENTS SENT 03/26/01 PASSED WRITTEN TEST 03/26/01 03/23/01 FEE REQUIREMENT MET 30/752 03/22/01 INSURANCE CERTIFICATE RECEIVED 03/21/01 DRIVING AFTER WITHDRAWAL 273 2001176 *12/27/00 * REV - NO PROOF OF INSURANCE 00090 03/27/01 10/27/00 10/27/00 NO PROOF REPORT - POLICE ISSUE 27 2000347 04/26/99 SPEED 274 1999171A 08/24/98 REINSTATE DRIVING PRIVILEGES - RECEIPT 08/21/98 REINSTATMENT ENTRY MADE 08/24/98 08/21/98 REINSTATE DRIVING PRIVILEGES 08/19/98 NOTICE RE REQUIREMENTS SENT 08/18/98 INSURANCE CERTIFICATE RECEIVED 08/17/98 FEE REQUIREMENT MET 30/00/3 08/17/98 PASSED DRIVER TEST 08/11/98 03/19/98 PASSED WRITTEN TEST 03/05/98 *07/22/97 * SUSP - 3RD DRIVING AFTER WITHDRAWAL 00180 01/16/98 07/16/97 FINE(S) PAID 08/19/98 *07/16/97 * SUSP - UNPAID FINE (S) 27 04/17/97 FINE (S) PAID 08/17/98 04/17/97 FINE (S) PAID 08/17/98 *04/17/97 * SUSP - UNPAID FINE (S) 27 *04/17/97 * SUSP - UNPAID FINE (S) 27 02/05/97 NOTICE RE REQUIREMENTS SENT *11/07/96 * REV - NO PROOF OF INSURANCE 00090 02/05/97 10/08/96 10/08/96 DRIVING AFTER WITHDRAWAL 273 1997188 10/08/96 NO PROOF REPORT - POLICE ISSUE 27 1996297 *10/24/95 * SUSP - UNPAID FINE (S) 08/24/98 27 07/20/95 FINE (S) PAID 05/16/97 *07/20/95 * SUSP - UNPAID FINE (S) 27 *07/13/95 * SUSP - 2ND DRIVING AFTER WITHDRAWAL 00090 12/14/95 *07/12/95 * SUSP - DRIVING AFTER WITHDRAWAL 00030 09/15/95 06/07/95 DRIVING AFTER WITHDRAWAL 27 1995186 *05/21/95 * SUSP - MISUSE OF DRIVERS LICENSE 00090 08/18/95 *05/19/95 * SUSP - UNPAID FINE(S) 271 *05/02/95 * REV - NO PROOF OF INSURANCE 00030 06/01/95 03/06/95 04/26/95 FINE (S) PAID 08/17/98 04/26/95 FINE (S) PAID 08/17/98 *04/26/95 * SUSP - UNPAID FINE (S) 273 *04/26/95 * SUSP - UNPAID FINE (S) 27 03/29/95 REINSTATE DRIVING PRIVILEGES 03/28/95 SUSPENSION FEE PAID 03/28/95 o�7, , ora.,. . o/ o�� City of Orono� o% 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET Date: r /L ! 0 11 To: �M £AR?,e, i r'r Fax: 6 /2 -339'8i3 7a U _ Re: eii-6.00)5DO S ---- -- -- Sender: Y14` 1 Ok l 1 YOU SHOULD RECEIVE PAGE(S), INCLUDING THIS COVER SHEET IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600. /1410(-, �e v ' rttc�N�r� z /^) y /a ; 3 n September 20, 2004 Ms. Elaine Pagonis 2740 Shadywood Road Excelsior, MN 55331 Dear Ms. Pagonis, In regards to your letter and all the false information and accusations therein: 1) We never forced dock service on you. You came to our home and verbally contracted our services to install and maintain your docks. 2) We preformed all labor and service in a timely and satisfactory manner, per your request. 3) We have requested payment for goods and services rendered. We have never threatened you in any way. We have been repeatedly lied to in regards to payment. 4) We never vandalized your mailbox, your accusations are false and slanderous. 5) We never subcontracted work on your Eklof dock in the 2003 season. We referred you to Darryl Johnson and you contacted him. After this separate transaction with Darryl, you once again contacted us to relocate it to the lagoon. Payment for this separate service was received from you, you did not pay for the same service twice. 6) We have not lured you into spending money. In regards to the bumpers, you were offered used bumpers on May 8, 2004, at the cost of$30, however, you chose to pass on them at that time. In June, when you realized you needed protection for your renters' boats-so they could not sue you for damages, and cut into your profits-there were no used bumpers available. Even an illegal marina will require parts and services. 7) In regards to the raising of your dock, this season Lake Minnetonka rose 24" between May 11 and June 11. We informed you of the possibility of the loss of decking due to large wakes from the high volume of boat traffic from the Narrows Channel. You were also informed that if wooden dock sections were allowed to stand in the water, you would loose your decking warranty. We told you the cost of raising your dock would be comparable to the cost of replacing one deck. It was your decision to make, and upon your instruction, we raised your dock to protect your potential investment. 8) We repeatedly informed you that your plans to rent boat slips for profit was against the law. We offered you copies of the City of Orono and the LMCD regulations regarding docks, as did Crepeau Docks. You refused our verbal and printed information on this issue. We did not install an illegal dock. Your rental of eight boat slips at 2740 Shadywood Road was the illegal act. You did so with full knowledge and disregard of the law. Your blatant disregard of the law, and certified letters ordering removal of the illegally docked boats, was your choice. 9) You have repeatedly shown bad faith in regards to payment for both goods and services. It has come to our attention that we are not the only business persons you have not paid in full for goods and services rendered, and we feel this is your standard operation. Due to your outstanding balance of$500 for dock service, and your outstanding balance at Crepeau Docks, and your outright refusal to pay your balance owed, you leave me no choice but to remove said dock from the lake and return it to Crepeau Docks, the rightful owners of said equipment. You have never been misled, threatened, or cheated by us in any way. You, however, are guilty of all these things. I have proof of this pattern of behavior on your part, and will share that knowledge whenever I can. Everything around you smells of tainted meat. Sincerely, Mark Hallin P.S. Copies of this letter have been given to the Orono Police, City of Orono, LMCD, and Crepeau Docks, Inc. I will continue to follow up with both city and state agencies regarding you and your illegal business practices. I. INITIAL COMPLAINT REPORT co Orono Police Department Y Control Number CAG Date • 04 - C1/3 M N0271 500 I c-&i-O BADGE How Rec'd Time Reported Time Assign Time Arrive "Time Clear 4.11 c3-7/ e2._ o "30 0 530 OliW (537 is i" Grid Place Committed 1.4 / ,-isz0 - 5/ie,b f ova c,L) i2/) Ca MOC Code UCS 01 L 800 P.C.Codes Suspect=Sus Victim=Vic 02 Reporting Party=RP Owner=Own Assisting Units: Offender=Of Driver=Dr 03 Witness=Wit Other=Oth COMPLAINT Cd.P.C. NAMEz vz � r_:"- (Last) _ (First) T-(Middle) Arrest Citation itt C V" t �� 7 1 3 o Warning Jail A RESS DOB / 7 3� O�-k S [� Detox Tab Charge CITY STATE!VI/ ZIP SEX RACE �X E Cs-Z`0�_ �s3 31 1 Video Tape Audio Tape PHONE Home Work Other ire-n 4-72-- S'19-441a- P.C. ME (Last) (First) (Middle) Impound:Auto Plate or II At L csN) M idtk • P112-4.X 1" ADDRESS DOB Prop Inventory Acc Report 300 — a/9-lam ST 3- T/--GG CITY STATE ZIP SEX RACE Imp Consent G EL sivert. hlrf/ 5-5"2,3/ N? PHONE Home Work Cell Other Influence Report Photos P.C. NAME (Last) (First) (Middle) Comm Vehicle Rpt rev) hic_4:-17 Al Do (1c S ADDRESS DOB Overweight Statements DO -- OA"JCC-_ Sr— CITY STATE]TZIP SEX RACE ROLL CALL 1( GEL 5_ i1 In/✓ r5 3-3/ SE - c-5.04407? PHONE Home Work Cell Other apP Pf4o1V151 EL/94W ToA..l r4-y-- c. y �7qo_ -- syie/D5'Gvaa.) / j 0T °P s5119/ � � So'l. . i' . / ' /AL_...i..........; i / 07/(,-"Cejt . / D'� i' _; 'I , '�� _ 1ovd- - .��- aj / Ap /, , - : /�� / / . / `. / Of ' • _,/ ,g / / / 1_,..• ,Ar, . n-c eret , i --66 areit.--• lPYee14114,;11L TO: El Ill CI E G CO.ATTNY. 0 CITY ATTNY. 0 COURT 0 CHIEF 0 IMP.CONS. 0 INV. 0 CSO 0 OTHER ❑ DISPOSITION: Unfounded 0 Cleared By Arrest 0 Ref.Other Agency ❑ Inactive 0 Other: OFFICER'S SIGNATURE ^ visor Arrest Prop l" 2 3 INITIAL COMPLAINT REPORT ORONO POLICE DEPARTMENT ' MESS KEY CONTROL KEY(OCA) CONT.AGENCY NCIC IDENT. (CAG) ECI 10 79 MN 027 1500 z LNB DATE REPORTED TIME REPORTED LOCATION GRID 2 I / lyr : � j / 1f ' PLACE COMMITTED _nom._ •.� 1,.. ..:. ,A, LNBR HRD BADGE TIMEASSIGNED TIME ARRIVED TIME CLEAR ����rr. I / �.a 5 / 2205 fA / LNBR ISN t'} UOC UCS 4 / / (JI ( / ( ASSIST UNITS SUSPECT - SUS VICTIM -VICT { J REPORT PARTY - RP OWNER -OWN OFFENDER - OFF OTHER -OTH 5 / / / / WITNESS - WIT DRIVER -DR COMPLAINT _ -, y ' „ 4.,2 _ OTHER REPORTS INCLUDED PC NAME ,�.. .�€ -'-.. ,� ..s'�x°`� s"�.^.iat ,�:,ou�x- ter- 4:'7,- -4;.: 417;,;;- :1.<:4: ,7 D O.B SEX rte" "` .y- e-e:. .*.i. ,1, =sa ,4 rt:: ;'P44,,,... ,a an Y E .4` 4t's. �'''9 ,w '. ,•-r' a.::,,....,!,,,..."--*,11,we .. ADDRESS 0 ARREST 0 CITATION 4( -- PHONE(H) , te : O WARNING 0 JAIL O DETOX CITY STATE ZIP ,�„ „�,,�,,r.� .,�o., -�z�•ti s,,, PHONE(W)C '•,,trom u ' :` . ' ., ,. „tea.+...N.... ...- 4.4 `*»' 'z ,` ' } 0 IMPOUND O IMP.CONSENT PC NAME D O.B SEX u i-I . �11 ',' ' 4;`^5,, `A' ,k.„., .°,,, . O INFLUENCE REP. OPROP.INVENT. ADDRESS PHONE(H) '�' -.1- "`=n O ACCIDENT REP. O PHOTOS CITY STATE ZIP PHONE(W) -- '... ..::"..4,;4,...41,..;;;..,...-' " ',-"....... .e...;,--- s -r t-�.^.,,,,...,.,.. ,--.7 7,,, ,,,,,„,,....,-. 7,;,,,‘- -, .-.. { '` " '.�zk,`r. tam '°'^•431"a-a fix-.-.., _.: -, �.,, e - �. y O TAGS OSTATEMENTS PC NAME D.O.B. SEX rktirIk ';C'''''''. et :nr -''r. vs't: utM.^tir t'', ""fit+ ADDRESS ;:,..P.---,',--4, 0 COMM.VEHICLE REPORT PHONE(H) _ ,...-„ _-_ , .. .fix. .,_, k., �'.;'' ' ``�t.,.. -_,.......-__...--,,..4.,44,.......�., ,,c .. 1r=' ,x,,,,.-„...„.......4,._. -.N. ?. ... •a'; I 0 VIDEO TAPE 0 AUDIO TAPE CITY STATE ZIP PHONE(W) xi • , w-4.,.:%,.._,„.„,„ t: w 0 TAB CHARGE DISPOSITION: UNFOUNDED ❑ CLEARED BY ARREST El REF.OTHER AGENCY ❑ INACTIVE❑ OTHER ❑ R/C from Pagonis that several sections of her dock had been removed. The dock sections that were removed were place on the edge of the shoreline __ _,and on her yard. Several sections of dock were still in the water that were near the three boats that were tied to the dock. Pagonis said she had e-- — — received two phone messages that advised her that if she did not pay the rest of the money,the dock sections would be removed. These messages were left by Mark Hallin. Hallin had installed a new dock for Pagonis in the spring. Pagonis contracted Hallin to install a new dock and also to have the dock raised in June. Total cost was$1050.00. Pagonis made two payments that totaled$800.00. Pagonis doesn't want to pay Hallin the rest, because she feels he has done unauthorized work and is too much. Hallin has come to Pagonis property and removed the'wood sections during the summer and had called several times to be paid the remaining balance. A letter was sent to Hallin in August advising him to stay off the property. Pagonis also showed me a letter with today's date on it that Pagonis had sent by certified mail to Hallin,advising him to stay off the property. Pagonis said that she did not see Hallin on the property and said Hallin may have removed the sections of dock from the water. Pagonis does not own any of the boats at the dock and three other individuals rent out the dock space and can not get to their boats. Statement was taken and advised • would send to city attorney for possible charges of trespassing. Also Pagonis maybe in violation of ordinance reference to renting of dock space. COPY TO: CO ATTORNEY.-0 COURT ❑ CHIEF ❑ SGT. ❑ INV. El CSO ❑ OTHER i,� �C �G� yip ltf �, ce Officers Signature Supervisors Review LOG IS IC. Farniok #6505 ,� /1 x:\apps 1wpwin60\Forms/I C .wod September 20, 2004 Ms. Elaine Pagonis 2740 Shadywood Road Excelsior, MN 55331 Dear Ms. Pagonis, In regards to your letter and all the false information and accusations therein: 1) We never forced dock service on you. You came to our home and verbally contracted our services to install and maintain your docks. 2) We preformed all labor and service in a timely and satisfactory manner, per your request. 3) We have requested payment for goods and services rendered. We have never threatened you in any way. We have been repeatedly lied to in regards to payment. 4) We never vandalized your mailbox, your accusations are false and slanderous. 5) We never subcontracted work on your Eklof dock in the 2003 season. We referred you to Darryl Johnson and you contacted him. After this separate transaction with Darryl, you once again contacted us to relocate it to the lagoon. Payment for this separate service was received from you, you did not pay for the same service twice. 6) We have not lured you into spending money. In regards to the bumpers, you were offered used bumpers on May 8, 2004, at the cost of$30, however, you chose to pass on them at that time. In June, when you realized you needed protection for your renters' boats -so they could not sue you for damages, and cut into your profits -there were no used bumpers available. Even an illegal marina will require parts and services. 7) In regards to the raising of your dock, this season Lake Minnetonka rose 24" between May 11 and June 11. We informed you of the possibility of the loss of decking due to large wakes from the high volume of boat traffic from the Narrows Channel. You were also informed that if wooden dock sections were allowed to stand in the water, you would loose your decking warranty. We told you the cost of raising your dock would be comparable to the cost of replacing one deck. It was your decision to make, and upon your instruction, we raised your dock to protect your potential investment. 8) We repeatedly informed you that your plans to rent boat slips for profit was against the law. We offered you copies of the City of Orono and the LMCD regulations regarding docks, as did Crepeau Docks. You refused our verbal and printed information on this issue. We did not install an illegal dock. Your rental of eight boat slips at 2740 Shadywood Road was the illegal act. You did so with full knowledge and disregard of the law. Your blatant disregard of the law, and certified letters ordering removal of the illegally docked boats, was your choice. 9) You have repeatedly shown bad faith in regards to payment for both goods and services. It has come to our attention that we are not the only business persons you have not paid in full for goods and services rendered, and we feel this is your standard operation. Due to your outstanding balance of$500 for dock service, and your outstanding balance at Crepeau Docks, and your outright refusal to pay your balance owed, you leave me no choice but to remove said dock from the lake and return it to Crepeau Docks, the rightful owners of said equipment. You have never been misled, threatened, or cheated by us in any way. You, however, are guilty of all these things. I have proof of this pattern of behavior on your part, and will share that knowledge whenever I can. Everything around you smells of tainted meat. Sincerely, Mark Hallin P.S. Copies of this letter have been given to the Orono Police, City of Orono, LMCD, and Crepeau Docks, Inc. I will continue to follow up with both city and state agencies regarding you and your illegal business practices. -, J ,) l\---\ cs N N z 7%.. -- --- '' i --1 -z_ y ' ,Z ,,, i V - 6NN. o , i sK 10 . ..„,„ ,, (0 O Ozh e h WQ _ so� F 00) :Og Ci7c°(" h11c O1? °C-i '4'- INITIAL COMPLAINT REPORT • ORONO POLICE DEPARTMENT MESS KEY CONTROL Y(OCA) CONT.AGENCY NCIC IDENT. (CAG) b--1 ECI �9 MN 027 1500 LNB DATE REPORTED TIME REPORTED LOCATION GRID s poi 2 / . 09-17-04 2140 / 1 PLACE COMMITTED 2740 Shadywood Rd LNBR HRD BADGE TIME ASSIGNED TIME ARRIVED TIME CLEAR 3 / R / 6505 2140 / / 2205 / LNBR ISN UOC UCS 4 / / a 'i / C / ASSIST UNITS SUSPECT — SUS VICTIM —VICT % I J REPORT PARTY — RP OWNER —OWN OFFENDER — OFF OTHER —OTH 5 / / / / WITNESS — WIT DRIVER —DR COMPLAINT Civil Dispute/Possible Tresspass OTHER REPORTS INCLUDED PC NAME D.O.B SEX RP Pagonis,Elaine Toni 08-24-64 F O ARREST 0 CITATION ADDRESS PHONE(H) 2740 Shadywood Road 952-471-9791 0 WARNING 0 JAIL 0 DETOX CITY STATE ZIP PHONE(WI C Orono,MN55491 C, 17 - 3 6,b 5 /g0 0 IMPOUND 0 IMP.CONSENT PC NAME D.O B SEX 0 INFLUENCE REP. OPROP.INVENT. ADDRESS PHONE(H) O ACCIDENT REP O PHOTOS CITY STATE ZIP PHONE(W) 0 TAGS OSTATEMENTS PC NAME D.O.B. SEX C4 . HC,.f;':s. t Y)4 lL O COMM.VEHICLE REPORT ADDRESS PHONE(H) O VIDEO TAPE 0 AUDIO TAPE CITY STATE ZIP PHONE(W) 0 TAB CHARGE DISPOSITION: UNFOUNDED ❑ CLEARED BY ARREST ❑ REF.OTHER AGENCY ❑ INACTIVE❑ OTHER ❑ R/C from Pagonis that several sections of her dock had been removed. The dock sections that were removed were place on the edge of the shoreline and on her yard. Several sections of dock were still in the water that were near the three boats that were tied to the dock. Pagonis said she had received two phone messages that advised her that if she did not pay the rest of the money,the dock sections would be removed. These messages were left by Mark Hallin. Hallin had installed a new dock for Pagonis in the spring. Pagonis contracted Hallin to install a new dock and also to have the dock raised in June. Total cost was$1050.00. Pagonis made two payments that totaled$800.00. Pagonis doesn't want to pay Hallin the rest, because she feels he has done unauthorized work and is too much. Hallin has come to Pagonis property and removed the wood sections during the summer and had called several times to be paid the remaining balance. A letter was sent to Hallin in August advising him to stay off the property. Pagonis also showed me a letter with today's date on it that Pagonis had sent by certified mail to Hallin,advising him to stay off the property. Pagonis said that she did not see Hallin on the property and said Hallin may have removed the sections of dock from the water. Pagonis does not own any of the boats at the dock and three other individuals rent out the dock space and can not get to their boats. Statement was taken and advised would send to city attorney for possible charges of trespassing. Also Pagonis may be in violation of ordinance reference to renting of dock space. COPY TO: CO ATTORNEY:❑ COURT ❑ CHIEF ❑ SGT. ❑ INV. El CSO ❑ OTHERXN,{ 056.0.1-) q/ 1 )fC/L/ Officers Signature Supervisors Review LOGIS C. Farniok #6505 J2 x:\apps\wpwin60\Forms/IC R.wpd JUL 20 2004 2 : 10 PM FR HINSHAWCULBERTSONLLP334 8888 TO 478414754868149522 P . 01 HINSHAW ATTORNEYS AT IAN & C. LI P T N LLP Campbell Mithun Tower July 20,2004 222 South Ninth Street Suite 3100 Minneapolis,MN 55402 FACSIMILE TRANSMISSION T 612-334-2637 F 612-334-8888 www.hinshawlaw.com jjohnson ehinshawlaw.com TO: COMPANY: FAX NO.: PHONE NO.: Michael Gaffron City of Orono 952-249-4616 952-249-4600 FROM: Jodi L. Johnson USER ID: 4784 MATTER NAME: MATTER NO.: 754868 NO.OF PAGES(including this Cover):. J SENDING OPERATOR: RETURN TO: (other than above) ❑Sent by Office Services: 612-334-2721 ®Sent by Jodi Johnson 612-334-2637 COMMENTS,IF ANY: HARD COPY: Will follow by mail ❑Will follow by overnight mail ®Will not follow If you do not receive the number of pages listed above,please call 612-334-2637. The documents that accompany this facsimile contain confidential and privileged information and arc intended solely for the use of the individual or entity to whom this transmission is directed. Any disclosure of the information herein is unauthorized and strictly prohibited. If you are not the intended recipient of this facsimile, please respond by facsimile to the number above or call the sending operator at our expense immediately so that we may arrange for the return of this document to us at no cost to you. Thank you. Hinshaw&Culbertson LLP is an Illinois registered limited liability partnership that has elected to be governed by the Illinois Uniform Partnership Act(1997). JUL 20 2004 2 : 10 PM FR HINSHAWCULBERTSONLLP334 8888 TO 4784#754868149522 P . 02 HINSHAW & CUL BER ISON LLP ATTORNEYS AT LAW Campbell Mlttwn Tower July 20, 2004 222 South Ninth Street Suite 3100 Minneapolis,MN 65402 VIA FACSIMILE T 612-333-3434 Michael P. Gaffron F 612-334-8888 Planning Director www.hlnshawlaw.com City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Elaine Pagonis, 2740 Shadywood Road, Orono, Minnesota - Illegal Rental of Dock Space Our File No.: 41288-754868 Dear Mike: Attached is a copy of a message left on my voice mail from Ms. Pagonis. I recommend waiting for her return. I will be out of the office beginning July 30, 2004 and returning August 9. I will ask Mr. Barrett to speak with Ms. Pagonis in my absence. Let me know if you wish to proceed in a different fashion. Should you have any questions,please call me. Very truly yours, SHAW& CULBERTSON LLP Johnson Direct 612-334-2637 j j ohnson@hinshawlaw.com JLJ:jbm Attachment cc: Thomas J. Barrett, Esq. (w/attachment) Arizona California Florida Illinois Indiana Minnesota Missouri New York Oregon Wisconsin JUL 20 2004 2 : 18 PM FR HINSHAWCULBERTSONLLP334 8888 TO 4784#754868#9522 P . 03 voice message from Elaine Pagonis to Jodi Johnson 7/19/04 re: Orono v. Pagonis L.F. 41288-754868 Good morning Jodi Johnson. Elaine Pagonis calling you regarding your July 12th letter. Your file number is 41288-754868. I am currently traveling at the moment. However,if I am in any kind of violation with the city ordinance I want to rectify that. I should be back in the Twin Cities in approximately 10 days, not business days, 10 days. Perhaps we can connect at that time and I can take care of what I need to take care of Thank you. 121097315v1 7048395 HINSHAW RECEIVED AIL 1 3 2004 CITY OF ORONO July 12, 2004 ATTORNEYS AT LAW VIA U.S. MAIL Elaine Pagonis 2740 Shadywood Road Excelsior, MN 55331 Re: City Code Violation Hinshaw File No. 41288-754868 Dear Ms. Pagonis: I represent the City of Orono with respect to your violation of City Ordinances which prohibit dock slip rental. I understand that the City of Orono wrote you on June 15, 2004 informing you of your violation and requested that you comply within 7 days. A copy of that letter is enclosed herein for your reference. It is further my understanding that you have failed to correct your violation and continue to knowingly violate City Ordinances. This correspondence shall serve as notice that should you fail to remove all boats not licensed or registered to you within 7 days of the date hereof, the City of Orono will file and serve the enclosed Complaint and will seek all action and remedies available in law and equity. Should you have any questions, please feel free to call me. Very truly yours, HINSHAW & CULBERTSON LLP t ,,.i, e z.,,,,,,,..x.____0 c_zi . / J di L. Johnson Direct 612-334-2637 jjohnson@hinshawlaw.com JLJ/rek Enclosure cc: ./Mr. Michael P. Gaffron Thomas Barrett, Esq. 121096710v1 754868 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: City of Orono, Plaintiff, Court File No.: vs. COMPLAINT FOR DECLARATORY Elaine Pagonis, JUDGMENT Defendant. TO: Defendant Elaine Pagonis, 2740 Shadywood Road, Excelsior, MN 55331. Plaintiff, City of Orono ("City"), as and for its Complaint for Declaratory Relief against the Defendant, Elaine Pagonis ("Pagonis"), states and alleges as follows: INTRODUCTION 1. This is an action for declaratory relief pursuant to Minn. Stat. §555.01 et seq in which the City seeks a declaration that Pagonis is in violation of City Ordinances prohibiting a commercial use of property in a residential district. Upon information and belief, Pagonis has rented dock space and slips to at least eight other individual boat owners at her personal residence located in a residential district. THE PARTIES 2. The City of Orono is a municipal corporation organized pursuant to the laws of Minnesota, with its principal place of business at 2750 Kelley Parkway, Orono, Minnesota 55356. 3. Pagonis is a Minnesota resident residing at 2740 Shadywood Road, Excelsior, Minnesota 55331. 121096360v1 754868 JURISDICTION AND VENUE 4. The Court has personal jurisdiction over Pagonis because she is a Minnesota resident. 5. Venue is proper because the City and Pagonis both reside in Hennepin County. THE CONTROVERSY 6. The City maintains that City Ordinances prohibit dock and slip rental and that it prohibits any rental business in a residential district. 7. Upon information and belief Pagonis has rented at least eight different dock spaces and slips to individuals. Upon inspection, Pagonis had eight boats along her dock and in dock slips that were neither owned nor registered to Pagonis. 8. The City provided notice to Pagonis of her violation of City Ordinances on June 15, 2003. The City provided Pagonis notice that she was to remove all boats that were not licensed or registered to her. 9. Pagonis has not removed said boats and is refusing to comply with City Ordinances. 10. As a result of this dispute and disagreement between the City and Pagonis regarding their respective rights and obligations, there exists a real and judiciable controversy ripe for adjudication by the Court. WHEREFORE, Plaintiff the City of Orono respectfully prays that the Court enter judgment in favor of the City and against Pagonis as follows: a. Finding Pagonis is violation of City Ordinances by illegally renting boat slips and dock space and permitting boats not licensed or registered to her to dock at her property; 2 121096360v1 754868 b. Issuing injunctive relief by ordering Pagonis to remove from her Lake Shore and dock all boats not licensed or registered to her and ordering her to comply with City Ordinances prohibiting boat slip or dock rental; c. Awarding the City its attorneys' fees, costs and expenses incurred in this lawsuit; and d. Providing such other and further relief as this Court may deem appropriate. Dated: July_, 2004 HINSHAW & CULBERTSON LLP Thomas J. Barrett, Reg. No. 4911 Jodi L. Johnson, Reg. No. 277265 3100 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 Telephone: 612-333-3434 Fax: 612-334-8888 ATTORNEYS FOR PLAINTIFF CITY OF ORONO ACKNOWLEDGMENT The undersigned hereby acknowledges that, pursuant to Minn. Stat. § 549.211, sanctions may be awarded to the party or parties against whom the allegations in this pleading are asserted. Jodi L. Johnson 3 121096360v1 754868 Page 1 of 2 Mike Gaffron From: Jodi L. Johnson [JJohnson@HINSHAWLAW.COMJ Sent: Monday, July 12, 2004 3:19 PM To: Mike Gaffron Subject: Re: 2740 Shadywood Road - Illegal rental of dock space Once we file the Complaint, we will have to file a Motion for a Temporary Injunction (this is where we must show irreparable harm). This will move pretty fast and likely only take a couple of weeks from start to finish. Once the Temporary Injunction is issued, the case will proceed and if necessary a trial will take place where we ask for a permanent injunction prohibiting her from doing this in the future. If she does, she will be in violation of a Court Order. The same process will have to be asserted against the different home owners that are violating the ordinance. Hinshaw& Culbertson LLP Campbell Mithun Tower 222 South Ninth Street Suite 3100 Minneapolis, Minnesota 55402 Tel. (612) 334-2637 Fax (612) 334-8888 "Mike Gaffron"<MGaffron@ci.orono.mn.us> To: <jjohnson@hinshawlaw.com> 07/12/2004 03:02 PM cc: <Tbarrett@hinshawlaw.com> Subject: 2740 Shadywood Road-Illegal rental of dock space Jodi—Thank you for faxing us the letter to Elaine Pagonis and the draft Complaint. I like the fact that she will be immediately seeing what action we intend to take if she does not comply. As of last Tuesday, five of the boats were still there, so while she has made some progress, I would be surprised if we find less than five boats this week. Go ahead and send this, and I will have our inspector check mid-week as to what boats remain, and again at the end of 7 days. Assuming Pagonis does not comply within the 7 day window, how long would you expect before the court would reach a conclusion? Are we asking for an immediate injunction, prior to the court passing judgment? I'm assuming based on the request for declaratory relief that you concluded this violation may not pose such an immediate public threat that we could expect the court to grant an immediate injunction —am I interpreting this correctly? I would like to hear your thoughts on that, and get some suggestions as to how we might proceed in the future, as we have at least two additional similar situations occurring right now(at a lesser scale). The boating season typically runs only 3-4 months, maybe 5 months at the outside; it's frustrating to us as City staff that it may take the entire season to effectively prosecute a violator and gain compliance, while the neighbors see what they 7/12/2004 Page 2 of 2 interpret as inaction on our part... Thanks for your help on this... Mike Michael P.Gaffron Planning Director City of Orono P.O.Box 66 Crystal Bay,MN 55323 (phone)952-249-4600 (fax)952-249-4616 Hinshaw&Culbertson LLP is an Illinois registered limited liability partnership that has elected to be governed by the Illinois Uniform Partnership Act(1997). The contents of this e-mail message and any attachments are intended solely for the addressee(s)named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges.If you are not the intended recipient of this message,or if this message has been addressed to you in error,please immediately alert the sender by reply e-mail and then delete this message and its attachments.Do not deliver,distribute or copy this message and/or any attachments and if you are not the intended recipient,do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. 7/12/2004 ,CERTIFIED MAIL,,, w CITY OF ORONO ,- - 2750 Kelley Parkway • P.O. Box 66 `'i,^ Crystal Bay, MN 55323 I`' '�' 7002 2410 0002 9881 3379 7002 2410 0002 9881 3379 I - `� �,. SENDER: COMPLETE THI.<v - o v, cn m -.rig ^ ?yli o. w o� 7J ' 0, . t, • Complete items 1,2,and1;0°.5-9:, o N a m (n item 4 if Restricted Delive °x ' 1 1 3 a 3 `° y3:1 ❑Agent • ■ Print your name and addr.(o iN o z•` ,I o' .?..;± D A 0 Addressee so that we can return the + €l ^ a m o 'Gi �',�� Date of Delivery ■ Attach this card to the bai;' - ..;.1 w e w wt. or on the front if space p- o - a� 3 "m — N ❑Yes 1. Article Addressed to: s c E 0 No O � C »• oDa•. C�Q I`r f� r:c� '/O e/.,,-;',--. Ua o G w C < /Sion a"I! n:, 1Tf c.) m m 'rt or Merchandise 0, 'Q `�' s '0 ❑ Yes o ° w 7 O' 2. Article Number g' Q I (Transfer from service label) c • f 79- .i- 7 / PS Form 3811,August 2001'>>; 102595-02-M-154o > 1 Elaine Pagonis , M , 'y 2740 Shadywood Road f 1 Excelsior, MN 55331 f y''',.''''::::'_:::::.''',..---,°•!;_-:,'''''',;,-,:',.'',.''.'''''.;--'''-,','-::-',-------:',,„',:';--'.'''''' .--`''''''''''':-'' ' ' '• =, ' :---'-':- -.-, --:--'-',.:‘ - r 3 3.�'` Z x 61 C m ! -.¢ 3.yN4 4 i'' A 9i s}f>"?- �s3 x -ak 1? # fi v € ', a .k �' ` n � ,� �` r�s,� a"s s� -xi �,'^'' .'fix �.. - 4'F t?, �irr A''.,�A.{,c j ��'W "�°�'n.�",'1,�s� 'S� T'! � �+i � Pxi 'm ? w . :,F L r3 1 @� " F � ... . .e 'h'o'b. ,_.f • r.. .k Page 1 of 2 Mike Gaffron From: Jodi L. Johnson [JJohnson@HINSHAWLAW.COM] Sent: Monday, July 12, 2004 3:19 PM To: Mike Gaffron Subject: Re: 2740 Shadywood Road - Illegal rental of dock space Once we file the Complaint, we will have to file a Motion for a Temporary Injunction (this is where we must show irreparable harm). This will move pretty fast and likely only take a couple of weeks from start to finish. Once the Temporary Injunction is issued, the case will proceed and if necessary a trial will take place where we ask for a permanent injunction prohibiting her from doing this in the future. If she does, she will be in violation of a Court Order. The same process will have to be asserted against the different home owners that are violating the ordinance. Hinshaw& Culbertson LLP Campbell Mithun Tower 222 South Ninth Street Suite 3100 Minneapolis, Minnesota 55402 Tel. (612)334-2637 Fax (612)334-8888 "Mike Gaffron"<MGaffron@ci.orono.mn.us> To: <jjohnson@hinshawlaw.com> 07/12/2004 03:02 PM cc: <Tbarrett@hinshawlaw.com> Subject: 2740 Shadywood Road-Illegal rental of dock space Jodi—Thank you for faxing us the letter to Elaine Pagonis and the draft Complaint. I like the fact that she will be immediately seeing what action we intend to take if she does not comply. As of last Tuesday, five of the boats were still there, so while she has made some progress, I would be surprised if we find less than five boats this week. Go ahead and send this, and I will have our inspector check mid-week as to what boats remain, and again at the end of 7 days. Assuming Pagonis does not comply within the 7 day window, how long would you expect before the court would reach a conclusion? Are we asking for an immediate injunction, prior to the court passing judgment? I'm assuming based on the request for declaratory relief that you concluded this violation may not pose such an immediate public threat that we could expect the court to grant an immediate injunction —am I interpreting this correctly? I would like to hear your thoughts on that, and get some suggestions as to how we might proceed in the future, as we have at least two additional similar situations occurring right now(at a lesser scale). The boating season typically runs only 3-4 months, maybe 5 months at the outside; it's frustrating to us as City staff that it may take the entire season to effectively prosecute a violator and gain compliance, while the neighbors see what they 7/12/2004 Page 2 of 2 interpret as inaction on our part... Thanks for your help on this... Mike Michael P.Gaffron Planning Director City of Orono P.O.Box 66 Crystal Bay,MN 55323 (phone)952-249-4600 (fax)952-249-4616 Hinshaw&Culbertson LLP is an Illinois registered limited liability partnership that has elected to be governed by the Illinois Uniform Partnership Act(1997). The contents of this e-mail message and any attachments are intended solely for the addressee(s)named in this message.This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges.If you are not the intended recipient of this message,or if this message has been addressed to you in error,please immediately alert the sender by reply e-mail and then delete this message and its attachments.Do not deliver,distribute or copy this message and/or any attachments and if you are not the intended recipient,do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. 7/12/2004 J UL t.J S GCJU,-t C1 • JO I I I F- 1-I 11`IJI Inwli tJLLLI\ 1 Jv114...ISI V V"'t uuuu I v 1 I I_ T T I .J-TV V V..... I . CJ a HINSHAW ATTORNEYS AT LAW • L •; Campbell Mithun Tower July 9, 2004 222 South Ninth Street Suite 3100 Minneapolis,MN 55402 FACSIMILE TRANSMISSION T 612-334.2637 F 612-334-8888 www.hinshawlaw,com jj ohnson(thlnshawlaw.com TO: COMPANY: FAX NO.: PHONE NO.: Michael Gaffron City of Orono 952-249-4616 952-249-4600 FROM: Jodi L. Johnson USER ID: 4784 MATTER NAME: MATTER NO.: 754868 NO.OF PAGES(including this Cover): �..) SENDING OPERATOR: RETURN TO: (other than above) ❑ Sent by Office Services: 612-334-2721 ® Sent by Jodi Johnson 612-334-2637 COMMENTS,IF ANY: • HARD COPY: ❑ Will follow by mail ❑ Will follow by overnight mail ® Will not follow If you do not receive the number of pages listed above,please call 612-334-2637. The documents that accompany this facsimile contain confidential and privileged information and arc intended solely for the use of the individual or entity to whom this transmission is directed. Any disclosure of the information herein is unauthorized and strictly prohibited_ If you arc not the intended recipient of this facsimile, please respond by facsimile to the number above or call the sending operator at our expense immediately so that we may arrange for the return of this document to us at no cost to you. Thank you. Hinshaw&Culbertson LLP is an Illinois registered limited liability partnership that has elected to be governed by the Illinois Uniform Partnership Act(1997). HINSHAW July 9, 2004 ATTORNEYS AT LAW VIA FACSIMILE Michael P. Gaffron Planning Director City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323-0066 Re: 2740 Shadywood Road - Illegal Rental of Dock Space Dear Mike : Enclosed please find a draft letter to Ms. Pagonis and a draft Complaint. Please provide me with your comment at your earliest convenience. I look forward to hearing from you. Very truly yours, HINSHAW& CULBERTSON LLP qh19/(4114, Jo i L. Johnson Direct 612-334-2637 jjohnson@hinshawlaw.com JLJ:tlk Enclosures cc: Thomas 3. Barrett, Esq. July 9, 2004 VIA U.S. MAIL Elaine Pagonis 2740 Shadywood Road Excelsior, MN 55331 Re: City Code Violation Hinshaw File No. 41288-754868 Dear Ms. Pagonis: I represent the City of Orono with respect to your violation of City Ordinances which prohibit dock slip rental. I understand that the City of Orono wrote you on June 15, 2004 informing you of your violation and requested that you comply within 7 days. A copy of that letter is enclosed herein for your reference. It is further my understanding that you have failed to correct your violation and continue to knowingly violate City Ordinances. This correspondence shall serve as notice that should you fail to remove all boats not licensed or registered to you within 7 days of the date hereof, the City of Orono will file and serve the enclosed Complaint and will seek all action and remedies available in law and equity. Should you have any questions,please feel free to call me. Very truly yours, 1-1NSHAW& CULBERTSON LLP Jodi L. Johnson Direct 612-334-2637 jjohnson@hinshawlaw.com JLJ/rek Enclosure cc: Mr. Michael P. Gaffron Thomas Barrett, Esq. JUL 1D cuu i o . oo rl'1 rm 0000 IV . f U'y» f J.-rUUVrrJJLL r . rJ•+ STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: City of Orono, Plaintiff, Court File No.: vs. COMPLAINT FOR DECLARATORY Elaine Pagonis, JUDGMENT Defendant. TO: Defendant Elaine Pagonis, 2740 Shadywood Road, Excelsior, MN 55331. Plaintiff, City of Orono ("City"), as and for its Complaint for Declaratory Relief against the Defendant, Elaine Pagonis ("Pagonis"), states and alleges as follows: INTRODUCTION 1. This is an action for declaratory relief pursuant to Minn. Stat. §555.01 etsem in which the City seeks a declaration that Pagonis is in violation of City Ordinances prohibiting a commercial use of property in a residential district. Upon information and belief, Pagonis has rented dock space and slips to at least eight other individual boat owners at her personal residence located in a residential district. THE PARTIES 2. The City of Orono is a municipal corporation organized pursuant to the laws of Minnesota, with its principal place of business at 2750 Kelley Parkway, Orono, Minnesota 55356. 3. Pagcniis is a Minnesota resident residing at 2740 Shadywood Road, Excelsior, Minnesota 55331. 1210963600 754868 JUL bd CO04 J : Jti h'l I'Y< 11N5 P1HWLULIJCK I SUNLLr i 'F 0000 IU ,i (0.41-F 1-1,400014 JGG ,JURISDICTION AND VENUE 4. The Court has personal jurisdiction over Pagonis because she is a Minnesota resident. 5. Venue is proper because the City and Pagonis both reside in Hennepin County. THE CONTROVERSY 6. The City maintains that City Ordinances prohibit dock and slip rental and that it prohibits any rental business in a residential district. 7. Upon information and belief Pagonis has rented at least eight different dock spaces and slips to individuals. Upon inspection, Pagonis had eight boats along her dock and in dock slips that were neither owned nor registered to Pagonis. 8. The City provided notice to Pagonis of her violation of City Ordinances on June 15, 2003. The City provided Pagonis notice that she was to remove all boats that were not licensed or registered to her. 9. Pagonis has not removed said boats and is refusing to comply with City Ordinances. 10. As a result of this dispute and disagreement between the City and Pagonis regarding their respective rights and obligations, there exists a real and judiciable controversy ripe for adjudication by the Court. WHEREFORE, Plaintiff the City of Orono respectfully prays that the Court enter judgment in favor of the City and against Pagonis as follows: a. Finding Pagonis is violation of City Ordinances by illegally renting boat slips and dock space and permitting boats not licensed or registered to her to dock at her property; 2 JUL 09 2004 3 : 38 PM FK H 1 NSHHWLULbtK I SUNLLI-'d.i4 titsbd i v 'IIIo4aopi-io . r . ego b. Issuing injunctive relief by ordering Pagonis to remove from her Lake Shore and dock all boats not licensed or registered to her. and ordering her to comply with City Ordinances prohibiting boat slip or dock rental; c. Awarding the City its attorneys' fees, costs and expenses incurred in this lawsuit; and d. Providing such other and further relief as this Court may deem appropriate. Dated: July_, 2004 HINSHAW & CULBERTSON LLP Jodi L. Johnson, Reg. No. 277265 3100 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 Telephone: 612-333-3434 Fax: 612-334-8888 ATTORNEYS FOR PLAINTIFF CITY OF ORONO ACKNOWLEDGMENT The undersigned hereby acknowledges that, pursuant to Minn. Stat. § 549.211, sanctions may be awarded to the party or parties against whom the allegations in this pleading are asserted. Jodi L. Johnson 3 JUL 09 ,2004 3 : 38 PM FR HINSHA1JCULBERTSONLLP334 8888 TO 478414754868149522 P . 81 HINSHAW ATTORNEYS AT LAW Campbell Mithun Tower July 9, 2004 222 South Ninth Street Suite 3100 Minneapolis,MN 65402 FACSIMILE TRANSMISSION T 612-334-2637 F 612-334-8888 www.hinshawlaw,com jjohnsort hlnshawlaw,com TO: COMPANY: FAX NO.: PHONE NO.: Michael Gaffron City of Orono 952-249-4616 952-249-4600 FROM: Jodi L. Johnson USER ID: 4784 MATTER NAME: MATTER NO.: 754868 NO. OF PAGES(including this Cover): /.) SENDING OPERATOR: RETURN TO: (other than above) ❑Sent by Office Services: 612-334-2721 ® Sent by Jodi Johnson 612-334-2637 COMMENTS,IF ANY: HARD COPY: ❑ Will follow by mail ❑ Will follow by overnight mail IN Will not follow If you do not receive the number of pages listed above,please call 612-334-2637. The documents that accompany this facsimile contain confidential and privileged information and are intended solely for the use of the individual or entity to whom this transmission is directed. Any disclosure of the information herein is unauthorized and strictly prohibited- If you arc not the intended recipient of this facsimile, please respond by facsimile to the number above or call the sending operator at our expense immediately so that we may arrange for the return of this document to us at no cost to you. Thank you. Hinshaw&Culbertson LLP is an Illinois registered limited liability partnership that has elected to be governed by the Illinois Uniform Partnership Act(1997). JUL 09 2004 3: 38 PM FR HINSHAWCULBERTSONLLP334 8888 TO 4784#754888149522 P . 02 HINSHAW July 9, 2004 ATTORNEYS AT LAW VIA FACSIMILE .... . Michael P. Gaffron Planning Director . • City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323-0066 Re: 2740 Shadywood Road- Illegal Rental of Dock Space Dear Mike : Enclosed please find a draft letter to Ms. Pagonis and a draft Complaint. Please provide me with your comment at your earliest convenience. I look forward to hearing from you. Very truly yours, HINSHAW& CULBERTSON LLP h1914.114&-,. Jo i L. Johnson Jo Direct 612-334-2637 jjohnson@hinshawlaw.com JLJ:tlk Enclosures cc: Thomas J. Barrett, Esq. JUL 09 2004 3 : 38 PM FR HINSHAWCULBERTSONLLP334 8888 TO 4784#754868#9522 P . 03 July 9, 2004 VIA U.S. MAIL Elaine Pagonis 2740 Shadywood Road Excelsior, MN 55331 Re: City Code Violation Hinshaw File No. 41288-754868 Dear Ms. Pagonis: I represent the City of Orono with respect to your violation of City Ordinances which prohibit dock slip rental. I understand that the City of Orono wrote you on June 15, 2004 informing you of your violation and requested that you comply within 7 days. A copy of that letter is enclosed herein for your reference. It is further my understanding that you have failed to correct your violation and continue to knowingly violate City Ordinances. This correspondence shall serve as notice that should you fail to remove all boats not licensed or registered to you within 7 days of the date hereof, the City of Orono will file and serve the enclosed Complaint and will seek all action and remedies available in law and equity. Should you have any questions,please feel free to call me. Very truly yours, HINSHAW& CULBERTSON LLP Jodi L. Johnson Direct 612-334-2637 jjohnson@hinshawlaw.com JLJ/rek Enclosure cc: Mr. Michael P. Gaffron Thomas Barrett, Esq. JUL 09 ; 2004 3 : 38 PM FR HINSHAWCULBERTSONLLP334 8888 TO 478414754888149522 P . 04 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: City of Orono, Plaintiff, Court File No.: vs. COMPLAINT FOR DECLARATORY Elaine Pagonis, JUDGMENT Defendant. TO: Defendant Elaine Pagonis, 2740 Shadywood Road, Excelsior, MN 55331. Plaintiff, City of Orono ("City"), as and for its Complaint for Declaratory Relief against the Defendant, Elaine Pagonis ("Pagonis"), states and alleges as follows: INTRODUCTION 1. This is an action for declaratory relief pursuant to Minn. Stat. §555.01 et semc in which the City seeks a declaration that Pagonis is in violation of City Ordinances prohibiting a commercial use of property in a residential district. Upon information and belief, Pagonis has rented dock space and slips to at least eight other individual boat owners at her personal residence located in a residential district. THE PARTIES 2. The City of Orono is a municipal corporation organized pursuant to the laws of Minnesota, with its principal place of business at 2750 Kelley Parkway, Orono, Minnesota 55356. 3. Pagonis is a Minnesota resident residing at 2740 Shadywood Road, Excelsior, Minnesota 55331. 121096360v1 754868 JUL @92004 3 : 38 PM FR HINSHAWCULBERTSONLLP334 8888 TO 4784#754868#9522 P . 05 JURISDICTION AND VENUE 4. The Court has personal jurisdiction over Pagonis because she is a Minnesota resident. 5. Venue is proper because the City and Pagonis both reside in Hennepin County. THE CONTROVERSY 6. The City maintains that City Ordinances prohibit dock and slip rental and that it prohibits any rental business in a residential district. 7. Upon information and belief Pagonis has rented at least eight different dock spaces and slips to individuals. Upon inspection, Pagonis had eight boats along her dock and in dock slips that were neither owned nor registered to Pagonis. 8. The City provided notice to Pagonis of her violation of City Ordinances on June 15, 2003. The City provided Pagonis notice that she was to remove all boats that were not licensed or registered to her. 9. Pagonis has not removed said boats and is refusing to comply with City Ordinances. 10. As a result of this dispute and disagreement between the City and Pagonis regarding their respective rights and obligations, there exists a real and judiciable controversy ripe for adjudication by the Court. WHEREFORE, Plaintiff the City of Orono respectfully prays that the Court enter judgment in favor of the City and against Pagonis as follows: a. Finding Pagonis is violation of City Ordinances by illegally renting boat slips and dock space and permitting boats not licensed or registered to her to dock at her property; 2 JLL• 06 ,2004 3 : 38 PM FR HINSHAWCULBERTSONLLP334 8888 TO 4784#754868#9522 P . 06 b. Issuing injunctive relief by ordering Pagonis to remove from her Lake Shore and dock all boats not licensed or registered to her. and ordering her to comply with City Ordinances prohibiting boat slip or dock rental; c. Awarding the City its attorneys' fees, costs and expenses incurred in this lawsuit; and d. Providing such other and further relief as this Court may deem appropriate. Dated: July_, 2004 HINSHAW & CULBERTSON LLP Jodi L. Johnson, Reg. No. 277265 3100 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 Telephone: 612-333-3434 Fax: 612-334-8888 ATTORNEYS FOR PLAINTIFF CITY OF ORONO ACKNOWLEDGMENT The undersigned hereby acknowledges that,pursuant to Minn. Stat. § 549.211, sanctions may be awarded to the party or parties against whom the allegations in this pleading are asserted. Jodi L. Johnson 3 .4it. 0 41. O O CITY of ORONO Municipal Offices Street Address: Mailing Address: L9 �� 2750 KelleyParkwayP.O. Box 66 kEBS� Orono, MN 55356 Crystal Bay, MN 55323-0066 June 30, 2004 Jodi Johnson Hinshaw & Culbertson LLP 3100 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 RE: 2740 Shadywood Road — Illegal Dock Rental This letter is intended to follow-up on our telephone conversation of June 29, 2004 regarding the negative impacts resulting from the commercial dock rental occurring on a residentially zoned property located at 2740 Shadywood Road. The City's primary concern is that a commercial use of a residential property is prohibited by the Zoning Ordinance. The purpose of the Zoning Ordinance is to protect the public health, safety and general welfare of the community. City staff believes this type of illegal use has the potential to negatively impact the public health, safety and general welfare of the community. Please consider the following: 1. A complaint was received from a neighbor whose primary concern was the large boats blocking views to the lake. Two of the boats identified during an inspection were 36 feet in length and 32 feet in length and both were docked inside the lagoon area. Any views the properties inside the lagoon had to the lake are virtually eliminated with the dockage of these boats. This was a verbal complaint received on 6-8-04 where the complainant wished to remain anonymous (my notes were summarized in the timeline previously sent to you). 2. With potentially 8+ non-resident boat users docking boats at this residentially zoned property, the increase in noise and traffic during all hours of the day can become a prominent nuisance for any immediate neighbor. Dock renters potentially will be coming and going at all hours creating noise and increasing traffic on residential property and on an already congested County Highway. Also, vehicles and/or trailers owned by the dock renters are parked on the site where limited space is provided and where vehicle maneuverability can be difficult. Overflow traffic is forced to park on the County Highway where traffic congestion already creates problems. 3. The increased traffic will generate headlight nuisances for adjacent neighbors, potentially during all hours of the day. 4. The dock renters are required to access their boats through a residential neighborhood. This increases the potential of trespassing and vandalism on adjacent privately-owned property. Also, the influx of unknown persons accessing their boats through private property creates a sense of insecurity within the neighborhood. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us 5. Rental of dock space is a use that is provided only under the B-2 zoning district where traffic, parking and noise can be accommodated for and regulated by commercial standards of the Zoning Ordinance. The property at 2740 Shadywood Road is not zoned B-2 but rather LR-1 B, One Family Lakeshore Residential District. 6. The Community Management Plan specifically addresses a number of Land Use Goals and Policies regarding the use of shoreline. I've attached excerpts from the CMP for your review. The goals and policies specifically affected by the illegal rental of residential dock space are as follows: a. Land Use Goals: #4 specifically addresses incompatible land uses. b. General Land Use Policies: #6 specifically addresses limitations on excessive boat density. c. Lakeshore Residential Land Use Policies: #3 addresses protection of views and open space currently enjoyed by lakeshore property owners. 7. Section 78-1376 regulates commercial uses within residential districts as Home Occupations. This ordinance lists standards for permitted Home Occupations and also lists prohibited Home Occupations. The rental of dock space is viewed as an illegal Home Occupation according to Section 78-1376. Section 78-1376 (e) (6) specifically prohibits rental businesses from the uses permitted by Home Occupation. City staff views this as a dock rental business. The business operated at this property would not fit any Home Occupation standards within Sections 78-1376 (d) (6, 7, 12, 13, and 15) as the standards relating to outdoor storage, off-street parking, hours of operation, total number of customers, and noise cannot be met (this section is attached for your reference). 8. The City has recently received a number of calls from our residents regarding other residential properties where the owners are illegally renting dock space. Staff does not go out looking for these illegal uses but depends on the neighborhood to inform the City if and when problems arise. Due to the increased number of complaints on this issue staff is concerned about precedence, as this particular situation is the most onerous the City has seen in its history. Please take the necessary immediate action to have the boats which are not licensed to the property owner removed, eliminating the commercial use of the property. Also, take action to prevent the same or similar violations of the Zoning Ordinance in the future. If you have questions regarding the information provided above or any further questions, please do not hesitate to call. Thank you. Sincerely, City of Orono Michael P. Gaffron Planning Director Enclosure: excepts from the 2000-2020 Community Management Plan CMP Part 3B. Land Use Plan LAND USE GOALS AND POLICIES Orono's Land Use Plan is based upon the following goals and policies which in turn have been actively developed and fostered by Orono residents over the last 25 years. LAND USE GOALS 1. To reinforce Orono's environmental protection commitment, with special emphasis on the protection of Lake Minnetonka and Orono's other lakes. 2. To maintain the historic identity and character of the separate urban and rural neighborhoods. 3. To provide appropriate places for a variety of local residential, educational, recreational, industrial and neighborhood commercial activities. 4. To protect neighborhoods from encroachment of incompatible land uses. 5. To coordinate Orono's land uses with that of neighboring communities. 6. To coordinate land uses and developed density with the financial and physical capabilities of the City and its citizens to provide the necessary public facilities and services. GENERAL LAND USE POLICIES 1. The boundary between Orono's Urban and Rural Areas is fixed. Orono's Urban Area will not be strictly defined by the Metropolitan Urban Service Area(MUSA) boundary or future expansions of the MUSA boundary but will be fixed by this and the other elements of the Community Management Plan. Orono's defined Urban and Rural Areas are best described by the planned development types and densities. Areas where the zoned density allows no more than 1 unit per 2 acres is deemed Rural; areas where the zoned density allows more than 1 unit per 2 acres is deemed Urban. Orono's Urban and Rural areas are depicted and fixed by Map 3B-2. City of Orono Community Management Plan Page 3B-14 September 2000 CMP Part 3B. Land Use Plan 2. The Metropolitan Urban Service Area (MUSA) will define the areas of Orono where municipal sewers may be extended. The MUSA will include all parts of Orono's Urban Area and may include parts of Orono's Rural Area where appropriate. 3. Orono's land use plans will be based upon environmental protection policies. Land use and development must assure the conservation,protection and preservation of sensitive environmental resources in accordance with the goals and policies of the Environmental Protection Plan. Land use policies will encourage the wise use and management of natural resources while prohibiting their misuse, abuse, overuse or exploitation. 4. Development density will be limited throughout the city to a level which will not overload the natural surface water drainage and filtration system. Urbanization increases the speed and quantity of surface runoff while decreasing the water quality.Developed land use densities will be determined by comparison between known levels of volume and pollution generation and known marshland capacity for ponding and nutrient assimilation. To the extent that it is practical and feasible, the City will supplement existing natural assimilation capacities with man-made ponding areas,but will not allow increases in development density beyond the defined rural density as a result of such supplementation. 5. The wetlands and marshlands of the city will be protected and preserved as wildlife habitats, as unique open spaces, and as the only economically practical and truly effective method of flood protection and storm water runoff filtration. Wetlands, drainageways and floodplains will be protected from encroachment and from alteration or destruction by filling, grading, excavation or drainage. Wherever possible, the City will acquire open space and flowage easements for conservation of these lands. 6. Protection of lake resources will allow reasonable access,use and enjoyment while preventing overcrowding and excessive encroachment. In conformance with Orono's Shoreland Management regulations, Orono will prohibit overly dense development within 1,000 feet of Lake Minnetonka. Lake use regulations will be promoted to limit excessive boat density and overuse of sensitive bays. Land use regulations will continue to be developed and fine-tuned to provide reasonable control over building density, land alteration and lakeshore encroachment. City of Orono Community Management Plan Page 3B-15 September 2000 CMP Part 3B. Land Use Plan LAKESHORE RESIDENTIAL LAND USE POLICIES Although Orono's lakeshore has a wide range of diversity in lot size and home size,the predominant character of Orono's lakeshore is natural. This is due to much of the lakeshore being historically developed as large estate lots with homes set back a substantial distance from the lakeshore, or being developed as moderate homes on moderate lots leaving substantial open space. The exception to the natural lakeshore is the areas where historically small cottages were built on small lots close to the lakeshore. These cottages have been updated, remodeled or expanded into year-round homes. The key goal of the City's Comprehensive Plan is to protect Lake Minnetonka,which includes the preservation of the natural character of the lakeshore and the water quality of the lake. As the demand for, and value of, lakeshore property has dramatically increased, so has the pressure to expand or replace small and not so small older homes with much larger homes. This pressure has the potential to substantially alter the natural character of the lakeshore, and the more open and natural environment enjoyed by property owners along much of the lakeshore in Orono. The following policies will guide the City in addressing development on the lakeshore. 1. Lake Minnetonka shall be protected as a natural and recreational resource . 2. The natural character of the lakeshore shall be preserved, and when possible, enhanced. 3. The views and open space currently enjoyed by lakeshore property owners shall be protected 4. The size of a house to be allowed on a lot shall be determined based on the size of the lot, as well as the shape and topography of the lot. 5. The increase in massing of structures on the lakeshore shall be limited. City of Orono Community Management Plan Page 3B-24 September 2000 Sec. 78-1376. Home occupations. (a) Purpose. Home occupation regulations are established to ensure that home occupations will not adversely affect the character and livability of the surrounding residential neighborhood. The home occupation shall function as an accessory and subordinate use to the principal use of the dwelling unit. In order to protect the public health, safety and welfare within residential neighborhood, home occupations shall be divided into two regulatory levels: (1) Level 1 home occupations: Home occupations that comply with all standards of subsection (d) of this section and which have no potential neighborhood impacts. Level 1 home occupations may be operated without a license or permit. (2) Level 2 home occupations: Home occupations that comply with all standards of subsection(d) of this section but which could have potential neighborhood impacts; and home occupations that do not comply with all standards of subsection(d) of this section and which are not prohibited home occupations under subsection(e) of this section. Level 2 home occupations are required to be licensed under the provisions of section 26- 76. Level 2 home occupations may include but are not strictly limited to: a. Those with employed persons other than occupants of the dwelling. b. Those carried out partially or wholly in an accessory structure, where allowed, including storage of materials, equipment or commercial vehicles in an accessory building. c. Those involving the use or parking of a commercial or nonpassenger vehicle, whether such use or parking is in a building or outside. d. Those which do not meet one or more of the specified performance standards. e. Those which generate excessive traffic under the standards of subsection (d)(13) of this section. In cases where it is unclear whether a home occupation should be classified as level 1 or level 2, the zoning administrator shall make such a determination subject to city council confirmation if requested by the operator of the home occupation. (b) Conformance required. All existing home occupations shall be brought into conformity with this section within one year of the adoption of the ordinance from which this section is derived. (c) License required for level 2 home occupations. An annual license shall be obtained by any person operating a level 2 home occupation as defined in this chapter, under the provisions of section 26-76 of this Code. (d) Home occupation regulations. The regulations recognize that many types of home occupations can be conducted with minimal or no effect on the surrounding neighborhood. Home occupations shall be subject to the following standards: (1) The home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall result in no incompatibility with or disturbance to the surrounding area. (2) Employed persons. No one other than the occupants of the dwelling and one employee or associate shall be on the property at any given time in relation to the home occupation. No employee or associate or combination of either shall work on the premises for more than 40 hours in one week. The home occupation may employ additional nonresident employees only if their work activities are performed off the premises. Personal vehicles of employees working off the premises shall be parked within a building or shall be fully screened from the street and from adjoining properties. Domestic employees shall not be considered employees of the home occupation. (3) Exterior alterations or modifications that change the residential character or appearance of the dwelling unit or accessory structure to that of a commercial nature shall be prohibited. (4) Interior alterations or modifications that eliminate the kitchen, habitable areas for sleeping, and bathrooms shall be prohibited. (5) The home occupation shall be conducted within the enclosed area of the dwelling unit, with the exception of lessons or instruction for outdoor activities, such as equestrian training and riding, tennis and other court sports, gardening and swimming. In the RR-1A and RR-1B, one-family rural residential districts, home occupations or storage associated with the home occupation may be conducted within accessory structures subject to the following conditions: a. No home occupation conducted wholly or in part in an accessory structure shall produce noise, light and glare, odor, vibration or traffic that will in any way have a perceptible effect upon adjacent or nearby property. b. The home occupation shall conform with all other applicable zoning requirements. c. The property must be conforming in area, and the accessory structure must be conforming in location. (6) Outdoor storage prohibited. Outdoor storage or display of materials, goods, supplies or equipment related to the conduct of the home occupation shall be prohibited, except that licensed passenger vehicles used in the home occupation may be parked outside provided they are in compliance with all other requirements of this section. (7) Parking. All vehicle parking required for conduct of the home occupation shall be off-street. The off-street parking area required for the principal residential use shall be retained exclusively for the principal residential use and shall not be made unusable by the home occupation. Off-street parking areas providing more than two spaces for the home occupation shall be visually screened from adjacent residential lots. (8) Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassenger vehicles used in the home occupation shall be within a fully enclosed building. Noise, odors or vibration from the operation of such vehicles shall not be discernible at the property line. (9) No equipment, machinery, or materials other than of a type normally found in or compatible with a dwelling unit shall be allowed. (10) No retail sales and delivery of products or merchandise to the public shall occur on the premises except when accessory to the services provided. (11) No home occupation activity of a non-residential character shall be discernible from any private or public street. There shall be no exterior signage or display, or interior signs or display which are visible from outside the dwelling, except that a single nameplate sign of not more than two square feet in area per surface, nor more than two surfaces, may be placed on the property. Such sign, if displayed, shall include only the name of property owner and the site address, and shall not identify the type of business. (12) The hours of operation that a home occupation may be accessible to the public shall be limited to the hours between 8:00 a.m. and 7:00 p.m. (13) The home occupation shall not generate excessive traffic that is detrimental to the residential character of the surrounding properties or the neighborhood. For the purposes of this provision, more than five customers or clients per day, or more than two customers at any given time, may be determined to be an excessive and detrimental level of traffic. The number shall apply to each dwelling unit, regardless of the number of home occupations conducted in the dwelling unit. The criteria used by the zoning administrator to determine impact shall include, but not be limited to: a. The characteristics of the neighborhood, including current land use, lot sizes, lot widths, parking availability, and screening. b. Type of street, width, and traffic volumes. c. The availability and location of off-street parking. (14) Shipment and delivery of products, merchandise, or supplies shall be limited to the hours of 8:00 a.m. to 7:00 p.m. and shall regularly occur only in single rear axle straight trucks or smaller vehicles typically used to serve residential areas. (15) No sound or noise created by the operation of the home occupation shall be audible at the property lines except between the hours of 8:00 a.m. and 7:00 p.m. Home occupations shall otherwise comply with all noise provisions of this chapter. (16) Any activity or event organized for the purpose of displaying or selling merchandise shall not be held more than six times per year. This section shall not be construed as requiring a license or permit for occasional garage sales or tag sales. (e) Prohibited home occupations. The following uses, by their nature of operation, have a pronounced tendency to increase beyond the limits permitted for home occupations. These uses have objectionable operational characteristics that adversely impact residential neighborhoods and shall be prohibited as home occupations: (1) Service, repair, or painting of any motorized vehicle, including but not limited to motor vehicles, trailers, boats, personal watercraft, recreational vehicles, and snowmobiles. (2) Hair styling establishments that serve more than one person at a time. (3) Adult uses, as defined in this Code. Adult uses are prohibited as a home occupation for the reasons set forth in Ordinance No. 193, Second Series (section 78-1377 of this Code), adopted by the city council on November 8, 1999, based on the effects and impacts of sexually oriented businesses as set forth in the state attorney general's Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses, dated June 6, 1989, and in the Task Force Report on Sexually Oriented Businesses, authored by the Cities of Minnetonka, St. Louis Park and Shakopee, which considered relevant studies from six cities. (4) Dispatch centers where persons come to a site and are dispatched to other locations. (5) Medical or dental clinic. (6) Rental businesses. (7) Contracting, excavating, welding or machine shops. (8) Commercial kennels and veterinary clinics. (9) Tow truck services. (10) Ceramic studios with kilns of volume six cubic feet or more. (11) The sale, lease,trade or other transfer of firearms or ammunition by a firearms dealer, except when such dealer is federally licensed to conduct such activity. (12) Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption by individual households for personal care or household use. (f) Reasonable accommodation for disabled persons. Persons with physical or other legally recognized disabilities may request reasonable accommodation by requesting a waiver of one or more of the requirements of this section. The zoning administrator may only grant waivers on the basis of the applicant's physical limitations to function within such requirements. (Ord. No. 221 2nd series, § 4, 9-23-2002) Cross References: Home occupations, §26-76 et seq. .40, 0 0 O CITY of ORONO szt �, Municipal Offices � G~ Street Address: Mailing Address: L`4kE8Hpg�' 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 June 30, 2004 Jodi Johnson Hinshaw & Culbertson LLP 3100 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 RE: 2740 Shadywood Road—Illegal Dock Rental This letter is intended to follow-up on our telephone conversation of June 29, 2004 regarding the negative impacts resulting from the commercial dock rental occurring on a residentially zoned property located at 2740 Shadywood Road. The City's primary concern is that a commercial use of a residential property is prohibited by the Zoning Ordinance. The purpose of the Zoning Ordinance is to protect the public health, safety and general welfare of the community. City staff believes this type of illegal use has the potential to negatively impact the public health, safety and general welfare of the community. Please consider the following: 1. A complaint was received from a neighbor whose primary concern was the large boats blocking views to the lake. Two of the boats identified during an inspection were 36 feet in length and 32 feet in length and both were docked inside the lagoon area. Any views the properties inside the lagoon had to the lake are virtually eliminated with the dockage of these boats. This was a verbal complaint received on 6-8-04 where the complainant wished to remain anonymous (my notes were summarized in the timeline previously sent to you). 2. With potentially 8+ non-resident boat users docking boats at this residentially zoned property, the increase in noise and traffic during all hours of the day can become a prominent nuisance for any immediate neighbor. Dock renters potentially will be coming and going at all hours creating noise and increasing traffic on residential property and on an already congested County Highway. Also, vehicles and/or trailers owned by the dock renters are parked on the site where limited space is provided and where vehicle maneuverability can be difficult. Overflow traffic is forced to park on the County Highway where traffic congestion already creates problems. 3. The increased traffic will generate headlight nuisances for adjacent neighbors, potentially during all hours of the day. 4. The dock renters are required to access their boats through a residential neighborhood. This increases the potential of trespassing and vandalism on adjacent privately-owned property. Also, the influx of unknown persons accessing their boats through private property creates a sense of insecurity within the neighborhood. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us 5. Rental of dock space is a use that is provided only under the B-2 zoning district where traffic, parking and noise can be accommodated for and regulated by commercial standards of the Zoning Ordinance. The property at 2740 Shadywood Road is not zoned B-2 but rather LR-1 B, One Family Lakeshore Residential District. 6. The Community Management Plan specifically addresses a number of Land Use Goals and Policies regarding the use of shoreline. I've attached excerpts from the CMP for your review. The goals and policies specifically affected by the illegal rental of residential dock space are as follows: a. Land Use Goals: #4 specifically addresses incompatible land uses. b. General Land Use Policies: #6 specifically addresses limitations on excessive boat density. c. Lakeshore Residential Land Use Policies: #3 addresses protection of views and open space currently enjoyed by lakeshore property owners. 7. Section 78-1376 regulates commercial uses within residential districts as Home Occupations. This ordinance lists standards for permitted Home Occupations and also lists prohibited Home Occupations. The rental of dock space is viewed as an illegal Home Occupation according to Section 78-1376. Section 78-1376 (e) (6) specifically prohibits rental businesses from the uses permitted by Home Occupation. City staff views this as a dock rental business. The business operated at this property would not fit any Home Occupation standards within Sections 78-1376 (d) (6, 7, 12, 13, and 15) as the standards relating to outdoor storage, off-street parking, hours of operation, total number of customers, and noise cannot be met (this section is attached for your reference). 8. The City has recently received a number of calls from our residents regarding other residential properties where the owners are illegally renting dock space. Staff does not go out looking for these illegal uses but depends on the neighborhood to inform the City if and when problems arise. Due to the increased number of complaints on this issue staff is concerned about precedence, as this particular situation is the most onerous the City has seen in its history. Please take the necessary immediate action to have the boats which are not licensed to the property owner removed, eliminating the commercial use of the property. Also, take action to prevent the same or similar violations of the Zoning Ordinance in the future. If you have questions regarding the information provided above or any further questions, please do not hesitate to call. Thank you. Sincerely, City of Orono Michael P. Gaffron Planning Director Enclosure: excepts from the 2000-2020 Community Management Plan CMP Part 3B. Land Use Plan LAND USE GOALS AND POLICIES Orono's Land Use Plan is based upon the following goals and policies which in turn have been actively developed and fostered by Orono residents over the last 25 years. LAND USE GOALS 1. To reinforce Orono's environmental protection commitment, with special emphasis on the protection of Lake Minnetonka and Orono's other lakes. 2. To maintain the historic identity and character of the separate urban and rural neighborhoods. 3. To provide appropriate places for a variety of local residential, educational, recreational, industrial and neighborhood commercial activities. 4. To protect neighborhoods from encroachment of incompatible land uses. 5. To coordinate Orono's land uses with that of neighboring communities. 6. To coordinate land uses and developed density with the financial and physical capabilities of the City and its citizens to provide the necessary public facilities and services. GENERAL LAND USE POLICIES 1. The boundary between Orono's Urban and Rural Areas is fixed. Orono's Urban Area will not be strictly defined by the Metropolitan Urban Service Area (MUSA) boundary or future expansions of the MUSA boundary but will be fixed by this and the other elements of the Community Management Plan. Orono's defined Urban and Rural Areas are best described by the planned development types and densities. Areas where the zoned density allows no more than 1 unit per 2 acres is deemed Rural; areas where the zoned density allows more than 1 unit per 2 acres is deemed Urban. Orono's Urban and Rural areas are depicted and fixed by Map 3B-2. City of Orono Community Management Plan Page 3B-14 September 2000 CMP Part 3B. Land Use Plan 2. The Metropolitan Urban Service Area (MUSA) will define the areas of Orono where municipal sewers may be extended. The MUSA will include all parts of Orono's Urban Area and may include parts of Orono's Rural Area where appropriate. 3. Orono's land use plans will be based upon environmental protection policies. Land use and development must assure the conservation,protection and preservation of sensitive environmental resources in accordance with the goals and policies of the Environmental Protection Plan. Land use policies will encourage the wise use and management of natural resources while prohibiting their misuse, abuse, overuse or exploitation. 4. Development density will be limited throughout the city to a level which will not overload the natural surface water drainage and filtration system. Urbanization increases the speed and quantity of surface runoff while decreasing the water quality.Developed land use densities will be determined by comparison between known levels of volume and pollution generation and known marshland capacity for ponding and nutrient assimilation. To the extent that it is practical and feasible, the City will supplement existing natural assimilation capacities with man-made ponding areas,but will not allow increases in development density beyond the defined rural density as a result of such supplementation. 5. The wetlands and marshlands of the city will be protected and preserved as wildlife habitats, as unique open spaces, and as the only economically practical and truly effective method of flood protection and storm water runoff filtration. Wetlands, drainageways and floodplains will be protected from encroachment and from alteration or destruction by filling, grading, excavation or drainage. Wherever possible, the City will acquire open space and flowage easements for conservation of these lands. 6. Protection of lake resources will allow reasonable access,use and enjoyment while preventing overcrowding and excessive encroachment. In conformance with Orono's Shoreland Management regulations, Orono will prohibit overly dense development within 1,000 feet of Lake Minnetonka. Lake use regulations will be promoted to limit excessive boat density and overuse of sensitive bays. Land use regulations will continue to be developed and fine-tuned to provide reasonable control over building density, land alteration and lakeshore encroachment. City of Orono Community Management Plan Page 3B-15 September 2000 CMP Part 3B. Land Use Plan LAKESHORE RESIDENTIAL LAND USE POLICIES Although Orono's lakeshore has a wide range of diversity in lot size and home size,the predominant character of Orono's lakeshore is natural. This is due to much of the lakeshore being historically developed as large estate lots with homes set back a substantial distance from the lakeshore, or being developed as moderate homes on moderate lots leaving substantial open space. The exception to the natural lakeshore is the areas where historically small cottages were built on small lots close to the lakeshore. These cottages have been updated, remodeled or expanded into year-round homes. The key goal of the City's Comprehensive Plan is to protect Lake Minnetonka,which includes the preservation of the natural character of the lakeshore and the water quality of the lake. As the demand for, and value of, lakeshore property has dramatically increased, so has the pressure to expand or replace small and not so small older homes with much larger homes. This pressure has the potential to substantially alter the natural character of the lakeshore, and the more open and natural environment enjoyed by property owners along much of the lakeshore in Orono. The following policies will guide the City in addressing development on the lakeshore. 1. Lake Minnetonka shall be protected as a natural and recreational resource . 2. The natural character of the lakeshore shall be preserved, and when possible, enhanced. 3. The views and open space currently enjoyed by lakeshore property owners shall be protected 4. The size of a house to be allowed on a lot shall be determined based on the size of the lot, as well as the shape and topography of the lot. 5. The increase in massing of structures on the lakeshore shall be limited. City of Orono Community Management Plan Page 3B-24 September 2000 Sec. 78-1376. Home occupations. (a) Purpose. Home occupation regulations are established to ensure that home occupations will not adversely affect the character and livability of the surrounding residential neighborhood. The home occupation shall function as an accessory and subordinate use to the principal use of the dwelling unit. In order to protect the public health, safety and welfare within residential neighborhood, home occupations shall be divided into two regulatory levels: (1) Level 1 home occupations: Home occupations that comply with all standards of subsection(d) of this section and which have no potential neighborhood impacts. Level 1 home occupations may be operated without a license or permit. (2) Level 2 home occupations: Home occupations that comply with all standards of subsection(d) of this section but which could have potential neighborhood impacts; and home occupations that do not comply with all standards of subsection(d) of this section and which are not prohibited home occupations under subsection (e) of this section. Level 2 home occupations are required to be licensed under the provisions of section 26- 76. Level 2 home occupations may include but are not strictly limited to: a. Those with employed persons other than occupants of the dwelling. b. Those carried out partially or wholly in an accessory structure, where allowed, including storage of materials, equipment or commercial vehicles in an accessory building. c. Those involving the use or parking of a commercial or nonpassenger vehicle, whether such use or parking is in a building or outside. d. Those which do not meet one or more of the specified performance standards. e. Those which generate excessive traffic under the standards of subsection (d)(13) of this section. In cases where it is unclear whether a home occupation should be classified as level 1 or level 2, the zoning administrator shall make such a determination subject to city council confirmation if requested by the operator of the home occupation. (b) Conformance required. All existing home occupations shall be brought into conformity with this section within one year of the adoption of the ordinance from which this section is derived. (c) License required for level 2 home occupations. An annual license shall be obtained by any person operating a level 2 home occupation as defined in this chapter, under the provisions of section 26-76 of this Code. (d) Home occupation regulations. The regulations recognize that many types of home occupations can be conducted with minimal or no effect on the surrounding neighborhood. Home occupations shall be subject to the following standards: (1) The home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall result in no incompatibility with or disturbance to the surrounding area. (2) Employed persons. No one other than the occupants of the dwelling and one employee or associate shall be on the property at any given time in relation to the home occupation. No employee or associate or combination of either shall work on the premises for more than 40 hours in one week. The home occupation may employ additional nonresident employees only if their work activities are performed off the premises. Personal vehicles of employees working off the premises shall be parked within a building or shall be fully screened from the street and from adjoining properties. Domestic employees shall not be considered employees of the home occupation. (3) Exterior alterations or modifications that change the residential character or appearance of the dwelling unit or accessory structure to that of a commercial nature shall be prohibited. (4) Interior alterations or modifications that eliminate the kitchen, habitable areas for sleeping, and bathrooms shall be prohibited. (5) The home occupation shall be conducted within the enclosed area of the dwelling unit, with the exception of lessons or instruction for outdoor activities, such as equestrian training and riding, tennis and other court sports, gardening and swimming. In the RR-1A and RR-1B, one-family rural residential districts, home occupations or storage associated with the home occupation may be conducted within accessory structures subject to the following conditions: a. No home occupation conducted wholly or in part in an accessory structure shall produce noise, light and glare, odor, vibration or traffic that will in any way have a perceptible effect upon adjacent or nearby property. b. The home occupation shall conform with all other applicable zoning requirements. c. The property must be conforming in area, and the accessory structure must be conforming in location. (6) Outdoor storage prohibited. Outdoor storage or display of materials, goods, supplies or equipment related to the conduct of the home occupation shall be prohibited, except that licensed passenger vehicles used in the home occupation may be parked outside provided they are in compliance with all other requirements of this section. (7) Parking. All vehicle parking required for conduct of the home occupation shall be off-street. The off-street parking area required for the principal residential use shall be retained exclusively for the principal residential use and shall not be made unusable by the home occupation. Off-street parking areas providing more than two spaces for the home occupation shall be visually screened from adjacent residential lots. (8) Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassenger vehicles used in the home occupation shall be within a fully enclosed building. Noise, odors or vibration from the operation of such vehicles shall not be discernible at the property line. (9) No equipment, machinery, or materials other than of a type normally found in or compatible with a dwelling unit shall be allowed. (10) No retail sales and delivery of products or merchandise to the public shall occur on the premises except when accessory to the services provided. (11) No home occupation activity of a non-residential character shall be discernible from any private or public street. There shall be no exterior signage or display, or interior signs or display which are visible from outside the dwelling, except that a single nameplate sign of not more than two square feet in area per surface, nor more than two surfaces, may be placed on the property. Such sign, if displayed, shall include only the name of property owner and the site address, and shall not identify the type of business. (12) The hours of operation that a home occupation may be accessible to the public shall be limited to the hours between 8:00 a.m. and 7:00 p.m. (13) The home occupation shall not generate excessive traffic that is detrimental to the residential character of the surrounding properties or the neighborhood. For the purposes of this provision, more than five customers or clients per day, or more than two customers at any given time, may be determined to be an excessive and detrimental level of traffic. The number shall apply to each dwelling unit,regardless of the number of home occupations conducted in the dwelling unit. The criteria used by the zoning administrator to determine impact shall include, but not be limited to: a. The characteristics of the neighborhood, including current land use, lot sizes, lot widths, parking availability, and screening. b. Type of street, width, and traffic volumes. c. The availability and location of off-street parking. (14) Shipment and delivery of products, merchandise, or supplies shall be limited to the hours of 8:00 a.m. to 7:00 p.m. and shall regularly occur only in single rear axle straight trucks or smaller vehicles typically used to serve residential areas. (15) No sound or noise created by the operation of the home occupation shall be audible at the property lines except between the hours of 8:00 a.m. and 7:00 p.m. Home occupations shall otherwise comply with all noise provisions of this chapter. (16) Any activity or event organized for the purpose of displaying or selling merchandise shall not be held more than six times per year. This section shall not be construed as requiring a license or permit for occasional garage sales or tag sales. (e) Prohibited home occupations. The following uses, by their nature of operation, have a pronounced tendency to increase beyond the limits permitted for home occupations. These uses have objectionable operational characteristics that adversely impact residential neighborhoods and shall be prohibited as home occupations: (1) Service, repair, or painting of any motorized vehicle, including but not limited to motor vehicles, trailers, boats, personal watercraft, recreational vehicles, and snowmobiles. (2) Hair styling establishments that serve more than one person at a time. (3) Adult uses, as defined in this Code. Adult uses are prohibited as a home occupation for the reasons set forth in Ordinance No. 193, Second Series (section 78-1377 of this Code), adopted by the city council on November 8, 1999, based on the effects and impacts of sexually oriented businesses as set forth in the state attorney general's Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses, dated June 6, 1989, and in the Task Force Report on Sexually Oriented Businesses, authored by the Cities of Minnetonka, St. Louis Park and Shakopee, which considered relevant studies from six cities. (4) Dispatch centers where persons come to a site and are dispatched to other locations. (5) Medical or dental clinic. (6) Rental businesses. (7) Contracting, excavating, welding or machine shops. (8) Commercial kennels and veterinary clinics. (9) Tow truck services. (10) Ceramic studios with kilns of volume six cubic feet or more. (11) The sale, lease, trade or other transfer of firearms or ammunition by a firearms dealer, except when such dealer is federally licensed to conduct such activity. (12) Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption by individual households for personal care or household use. (f) Reasonable accommodation for disabled persons. Persons with physical or other legally recognized disabilities may request reasonable accommodation by requesting a waiver of one or more of the requirements of this section. The zoning administrator may only grant waivers on the basis of the applicant's physical limitations to function within such requirements. (Ord. No. 221 2nd series, § 4, 9-23-2002) Cross References: Home occupations, §26-76 et seq. m frl .1, i , , . a f K ' f; f i t 1 ' ' ir,r...' '''''' • "':".". €: i f ... 1, ! .J11.7 :::-..:. f, , ! r . :�.: spa_. z J 47 'T :;.4i.' 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Box 66 d"pI, lE¢0 lull i ��l i , i Crystal Bay, MN 55323 ' �Nv Fp i r l 7202 2410 2202 9881 3379 �.,..l4c),, y„ / _T___-__'Er, PI'S COMPLETE THIS SECTION ON DELIVERY lFG ti ";lt p� SENDER:COMPLETE T.US SECTION �E, Ol F . ■ complete. - ,and 3.Also complete A. Signature q 6(i'1,9 O,y f61 UO , f� _ _ Ale --s ricted Delivery is desired. a Age:, ^' l// 4/0"�S''eb ■ Print your name and address on the reverse X ■ Address2� •hi, 6'F so that we can return the card to you. B. Received by(Printed Name) C. Date o • eiSt';�4pL,9tk- vtr ■ Attach this card to the back of the mailpiece, +•;ro r SS at • or on the front if space permits. Yp — D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No d ‘(, , /2 ! /tea-yUr)� 10 :5 C 0 (.7 C)<cls;or ti's 5533/ ? 3. Service t Type /y Certified Mail 0 Express Mail ,.- 0 � �_V'y„`—/ ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number / (Transfer from service label) 700 2 2.L/ 0 U000002.. gee/ 3 379 9 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 • Ela e Pagonis 2740 adywood Road Excelsi 55331 1..\\ . _ ..\-, . . N 5) ' Q . ‘1 ' e o 0 u' '\ • J /44 N1INNETO�� • ©` • LAKE MINNETONKA CONSERVATION DISTRICT O -T- , 18338 MINNETONKA BLVD. • DEEPHAVEN, MINNESOTA 55391 • TELEPHONE 952/745-0789 • FAX 952/745-9085 ys -SAVE THE LANE- �"� Fip y� Gregory S.Nybeck, EXECUTIVE DIRECTOR Certified Letter BOARD MEMBERS RECEIVED Tom Skramstad June 17, 2004 Chair,Shorewood Katy Van Hercke Ms. Elaine Pagonis Vice Chair, Minnetonka Jose Valdesuso 2740 Shadywood Road CITY OF ORONO Secretary, Excelsior Orono, MN 55331 Paul Knudsen Treasurer, Minnetrista Bob Ambrose Dear Ms. Pagonis: Wayzata Doug Babcock Tonka Bay The Lake Minnetonka Conservation District(LMCD)staff has observed that the number of restricted Ory Burma watercraft being stored at your site exceeds LMCD Code allowances without a license.The purpose of Mound this letter is to informyou of LMCD Code pertainingto this so thatyou can bringyour site into Miles Canning Greenwood compliance. Bert Foster Deephaven Debbie Halvorson LMCD Code Section 2.02 allows boat storage as follows: Orono 1. General Rule--one restricted watercraft per 50 feet of continuous shoreline. Pete Nelson 2. Unless agreater number is authorized bythegeneral rule, upto two restricted Victoria Tom Scanlon watercraft may be kept at a dock or mooring on a residential site which was in Spring Park existence on August 30, 1978. Tom Seuntjens Minnetonka Beach 3. Up to four restricted watercraft are allowed at a residential site. If all of the following Herb Suerth conditions are met: Woodland a. There is one, and no more than one single family residential structure on the site. b. The dockage rights at the site are owned exclusively by the owners of the lot. c. If all of the watercraft kept at the dock are owned by and registered to persons who live in the one residential structure at the site. 4. Under no circumstances may more than four(4)restricted watercraft be stored at a residential dock without an LMCD multiple dock license. LMCD Code Section 1.02, subd.41 defines a restricted watercraft as any boat or vessel for use on or stored on the public waters on the Lake except for unrestricted watercraft as stored in this section. Code Section 1.02, subd. 55c defines an unrestricted watercraft as any boat or vessel for use on or stored on the public water of the Lake which is: 1. 16'or less in length and unmotorized;or 2. 16'or less in length and which uses a motor of 10 horsepower or less;or .3. 20'or less in length and unmotorized,and which is propelled by human power. Dock and boat storage must be contained within your authorized dock use area. The authorized dock use area is defined as"that area in the Lake which may be used for docks, moorings, boat storage,swimming floats,ski jump storage, or diving towers,or which may be enclosed on three sides for any of these purposes." The authorized dock use area is further defined by extending the side site lines into the lake in the same direction that they are platted on land. The three sides of the authorized dock use area are further defined by dock length and side setback restrictions. I have enclosed a copy of the LMCD Code Sections that apply to your site for your review. 50%Recycled Content Web Page Address: http://www.imcd.org 20%Post Consumer Waste E-mail Address: Imcd@Imcd.org 6/17/04 Pagonis Letter, Page 2 Eight restricted watercraft were observed at your residence on 6/10/04, which exceeds the number allowed by LMCD Code. Although all watercraft registration numbers were not visible to LMCD staff,those that were observed were as follows: • MN 7156 FE—Michael&John Winters(Eden Prairie) • MN 0453 JL—Orlin Ruchick(Minneapolis) • MN 1775 FV—Andrew Williamson(Carver) • MN 9421 JQ—Charles Hatton(Maple Grove) • MN 4020 HA—Michael Gilbert(Excelsior) • MN 5759 FP—Todd Grisoff(Chanhassen) • MN 1706JT—Michael Olson(St. Louis Park) • ?MN 0795JQ? During the 2004 boating season and beyond,you need to ensure that restricted watercraft storage at your residence is in compliance with LMCD Code. LMCD staff will re-inspect your site on July 5th. If a multiple dock license application is not submitted to the LMCD office or the dock and watercraft storage has not been brought into compliance with LMCD Code by July 5th, staff will turn this matter over to the prosecuting attorney. Please call me upon receipt of this letter so that we can discuss your site to bring your docking and watercraft storage in compliance with LMCD Code. Your prompt attention in this matter is appreciated. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT Judd J. Harp Administrative Technician Encl: LMCD Code Excerpts cc: Debbie Halvorson, LMCD Board-Orono Mike Gaffron-City of Orono Steve Tallen-LMCD Prosecuting Attorney a 4O�' 0 O CITY of ORONO !� Municipal Offices � G~ Street Address: Mailing Address: -1k,ESHOg� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 June 15, 2004 Elaine Pagonis 2740 Shadywood Road Excelsior, MN 55331 Re: NOTICE OF CITY CODE VIOLATION - Illegal Boat Slip Rental Dear Ms. Pagonis: It has come to the attention of the City that at your property at 2740 Shadywood Road you are providing in-water dockage or slips for boats which are neither licensed nor registered to you. By definition,this activity is considered as engaging in the"business of docking,mooring or storing boats",i.e.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. Such business activity is allowed only in the B-2 Marina Zoning District. Your property is in the LR-1A Single Family Residential District, in which rental of in-water boat slips is not allowed. City staff inspected your property on June 8 and established that the property contains dock or mooring space for at least 8 boats which were identified via license numbers as neither being owned by you nor licensed to you. The owners of record of the boats have been mailed notice that the boats cannot continue to be stored at your property, and they have been given 7 days to have the boats removed. You are in violation of City ordinances which prohibit dock slip rental.A synopsis of the pertinent ordinances is attached. All boats not licensed or registered to you must be removed within 7 days. The City will perform an inspection on June 23, 2004 to verify compliance with the ordinance. If the boats have not been removed by that date,this matter will be turned over to the City Attorney for legal action. If you have any questions,please feel free to contact me or the City's violations inspector,Matt Bolterman, at 952-249-4600. Sincerely, Michael P. Gaffron Planning Director cc: Matt Bolterman, Inspector Janice Gundlach, City Planner Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us • Dock Information Flyer-Updated 2/01 j0 Updated 6/04 / Q Off, \ it CITY OF ORONO I\\I* ,�; j ,4`� o~ Building & Zoning Department \�r9kEs'111' / What You Should Know About... RESIDENTIAL DOCKS More than 1/3 of the residential lots in Orono abut the lakeshore. With nearly 40 miles of Lake Minnetonka shoreline,and additional properties abutting Long Lake,Mooney Lake,French Lake,Dickey's Lake,Lake Katrina,Lake Classen and Lydiard Lake, Orono is home to an abundance of dock owners. The following rules and regulations govern the placement and use of private residential docks in Orono: ✓ Seasonally installed docks are a permitted accessory use for residential properties which abut the lakeshore and contain a principal residence structure. ✓ New seasonal docks require a one-time permit ($30.) and may be reinstalled at the same location annually thereafter without additional permits (Fee Schedule, p. 8). ✓ Permanent docks require a Conditional Use Permit (Zoning Code Sec.78-1113)and may require additional permits from the Lake Minnetonka Conservation District(LMCD) and the Minnesota Department of Natural Resources (DNR). ✓ Rental of residential dock space is not allowed. Such activity is considered to be a commercial use,which is allowed only within the B-2 Lakeshore Business district(Sections 94-71 thru 94-101). ✓ Sharing of a single dock by three or more adjacent lakeshore owners is allowed subject to City Council approval of a Joint Use Dock License (Sections 94-36 thru 94-38). ✓ Placement of docks on Lake Minnetonka is governed by the Lake Minnetonka Conservation District (LMCD). Minimum setbacks from the extended property lines are required. Contact the LMCD for further information (952-745-0789). For other Orono lakes, contact the Building&Zoning Depaltuuent (952-249-4600). Minimum setbacks (similar to those in effect for other types of accessory structures)will be required,and special permits may be required for docks which must cross a wetland to reach open water. Municipal Docks.The City of Orono does not provide municipal docks for private boat storage,and has no "commons"areas for public dockage. The City does provide a small number of fishing and swimming docks, typically at locations where roadways were historically platted to the shoreline.Canoe rack rental spaces are available at Summit Park on Long Lake to Orono residents on a first-come first-served basis. Orono is home to 5 commercial marinas providing in aggregate a total of more than 450 rental slips. Additionally,public landings on North Arm and Maxwell Bay in Orono provide approximately 150 car-trailer parking spaces for transient boaters. City of Orono -Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway www.ci.orono.mn.us P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55356 Telephone: (952)249-4600 • Fax(952)249-4616 • • • - Dock Rental Information Flyer 4-98 Updated 5-04 4TOT k. ,(e% (1\` CITY OF ORONO ;j:. o � �ESB _ �� Building & Zoning Department IA t.4\41,* '� '�O7 w 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. 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. The following Municipal Code sections apply: Section 78-661: Definition: "Marina Business"means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Lakeshore Business District. Section 78-665: Within the"B-2"Lakeshore Business District,no land or structures shall be used except for one or more of the following uses: (1) Rental of in-water boat slips... ...(4) On-land storage of boats,winter and summer. Sections 78-302/303/304; 78-327/328/329; 78-347/348/349: (LR-1A,LR-1B,LR-1C One Family Lakeshore Residential Zoning Districts,list of permitted, conditional and accessory allowed uses) None of these single family residential districts include'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 ofthe owners or occupants of the property. Section 94-36/37/38: Re:Joint Use ofLake 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 - City of Orono PROHIBITION OF BOAT SLIP RENTAL IN RESIDENTIAL ZONES-Continued Section 94-71 thru 94-101: Re: Marina Business Licensing 94-71: Definitions "Business Use"means engaging in either a marina business or the business of docking,mooring or storing boats. "Marina Business"means engaging in one or more of the permitted,accessory or conditional uses allowed within the B-2 Zoning District. "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. 94-76: 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. 94-100: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. If you have questions,please contact the Orono Building and Zoning Department(952)249-4600. City of Orono -Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway www.ci.orono.mn.us P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55356 Telephone: (952)249-4600 • Fax(952)249-4616 • 1 O.4, O O CITY of ORONO ti Municipal Offices �� G~ Street Address: Mailing Address: �'9JfEs1;0* 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 June 15, 2004 Elaine Pagonis 2740 Shadywood Road Excelsior, MN 55331 Re: NOTICE OF CITY CODE VIOLATION - Illegal Boat Slip Rental Dear Ms. Pagonis: It has come to the attention of the City that at your property at 2740 Shadywood Road you are providing in-water dockage or slips for boats which are neither licensed nor registered to you. By definition,this activity is considered as engaging in the"business of docking,mooring or storing boats",i.e.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. Such business activity is allowed only in the B-2 Marina Zoning District. Your property is in the LR-1A Single Family Residential District, in which rental of in-water boat slips is not allowed. City staff inspected your property on June 8 and established that the property contains dock or mooring space for at least 8 boats which were identified via license numbers as neither being owned by you nor licensed to you. The owners of record of the boats have been mailed notice that the boats cannot continue to be stored at your property, and they have been given 7 days to have the boats removed. You are in violation of City ordinances which prohibit dock slip rental.A synopsis of the pertinent ordinances is attached. All boats not licensed or registered to you must be removed within 7 days. The City will perform an inspection on June 23, 2004 to verify compliance with the ordinance. If the boats have not been removed by that date,this matter will be turned over to the City Attorney for legal action. If you have any questions,please feel free to contact me or the City's violations inspector,Matt Boltennan, at 952-249-4600. Sincerely, Michael P. Gaffron Planning Director cc: Matt Bolterman, Inspector Janice Gundlach, City Planner Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us - Dock Information Flyer-Updated 2/01 /.4v 0 C7�1J_\ Updated 6/04 " , , 4;1 CITY OF ORONO �a R' tii '�� 0,1.,,,c,/° � Building & Zoning Department \'�k.ess r What You Should Know About... RESIDENTIAL DOCKS More than 1/3 of the residential lots in Orono abut the lakeshore. With nearly 40 miles of Lake Minnetonka shoreline,and additional properties abutting Long Lake,Mooney Lake,French Lake,Dickey's Lake,Lake Katrina,Lake Classen and Lydiard Lake, Orono is home to an abundance of dock owners. The following rules and regulations govern the placement and use of private residential docks in Orono: ✓ Seasonally installed docks are a permitted accessory use for residential properties which abut the lakeshore and contain a principal residence structure. ✓ New seasonal docks require a one-time permit ($30.) and may be reinstalled at the same location annually thereafter without additional permits (Fee Schedule, p. 8). ✓ Permanent docks require a Conditional Use Permit (Zoning Code Sec.78-1113)and may require additional permits from the Lake Minnetonka Conservation District(LMCD)and the Minnesota Department of Natural Resources (DNR). ✓ Rental of residential dock space is not allowed. Such activity is considered to be a commercial use,which is allowed only within the B-2 Lakeshore Business district(Sections 94-71 thru 94-101). ✓ Sharing of a single dock by three or more adjacent lakeshore owners is allowed subject to City Council approval of a Joint Use Dock License (Sections 94-36 thru 94-38). ✓ Placement of docks on Lake Minnetonka is governed by the Lake Minnetonka Conservation District (LMCD). Minimum setbacks from the extended property lines are required. Contact the LMCD for further information (952-745-0789). For other Orono lakes, contact the Building&Zoning Depa]tment (952-249-4600). Minimum setbacks (similar to those in effect for other types of accessory structures)will be required,and special permits may be required for docks which must cross a wetland to reach open water. Municipal Docks.The City of Orono does not provide municipal docks for private boat storage,and has no "commons"areas for public dockage. The City does provide a small number of fishing and swimming docks, typically at locations where roadways were historically platted to the shoreline.Canoe rack rental spaces are available at Summit Park on Long Lake to Orono residents on a first-come first-served basis. Orono is home to 5 commercial marinas providing in aggregate a total of more than 450 rental slips. Additionally,public landings on North Arm and Maxwell Bay in Orono provide approximately 150 car-trailer parking spaces for transient boaters. City of Orono -Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway www.ci.orono.mn.us P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55356 Telephone: (952)249-4600 • Fax(952)249-4616 • Dock Rental Information Flyer 4-98 Updated 5-04 4,0 CITY OF ORONO !II/ '\� Building & Zoning Department \\PS+, 4,kg t ORONO MUNICIPAL CODE �Esxo¢/ 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. 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. The following Municipal Code sections apply: Section 78-661: Definition: "Marina Business"means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Lakeshore Business District. Section 78-665: Within the"B-2"Lakeshore Business District,no land or structures shall be used except for one or more of the following uses: (1) Rental of in-water boat slips... ...(4) On-land storage of boats, winter and summer. Sections 78-302/303/304; 78-327/328/329; 78-347/348/349: (LR-1A,LR-1B,LR-1C One Family Lakeshore Residential Zoning Districts,list of permitted, conditional and accessory allowed uses) None of these single family residential districts include'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 ofthe owners or occupants of the property. Section 94-36/37/38: Re:Joint Use ofLake 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 - City of Orono PROHIBITION OF BOAT SLIP RENTAL IN RESIDENTIAL ZONES-Continued Section 94-71 thru 94-101: Re: Marina Business Licensing 94-71: Definitions "Business Use"means engaging in either a marina business or the business of docking,mooring or storing boats. "Marina Business"means engaging in one or more of the permitted,accessory or conditional uses allowed within the B-2 Zoning District. "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. 94-76: 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. 94-100: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. If you have questions,please contact the Orono Building and Zoning Department(952)249-4600. City of Orono -Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway www.ci.orono.mn.us P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55356 Telephone: (952)249-4600 • Fax(952)249-4616 June 11, 2004 Dear Boat Owner docked at 2740 Shadywood Rd: This letter is regarding your boat that is docked at 2740 Shadywood Rd in Orono. This property is operating as a marina, which is not allowed in the residential zoning district. We are currently pursuing legal action again Elaine Pagonis to stop operating her property as a marina in the residential district. Please remove your boat from 2740 Shadywood Rd by June 20, 2004. If the boat is not removed legal action will follow. If you have any questions please call myself, Janice (City Planner) or Mike (Planning Director) at 952-249-4600. Sincerely, Matt Bolterman Orono Inspector Enclosure: Orono boat dockage code Cc: Michael Winters, John Winters, Orin Rutchick, Andrew Williamson, Charles Hatton, Michael Gilbert, Todd Grisoff, Michael Olson °moo City of Orono 9kEsxo4` 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET Date: To: I ' )&4't Fax: fit'/2 — .33y—g8 ' Re: 7L e'r 7U!C c : !P /2 T4(,,. Sender: /7)/ - ' � .-F 6kJ YOU SHOULD RECEIVE PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600. Dock Rental Information Flyer 4-98 ----- Updated 5-04 �O_Y CITY OF ORONO '%to Building & Zoning Department t lk+ 'I '" w ORONO MUNICIPAL CODE 9xESKo4 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. 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. The following Municipal Code sections apply: Section 78-661: Definition: "Marina Business"means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Lakeshore Business District. Section 78-665: Within the"B-2"Lakeshore Business District,no land or structures shall be used except for one or more of the following uses: (1) Rental of in-water boat slips... ...(4) On-land storage of boats,winter and summer. Sections 78-302/303/304; 78-327/328/329; 78-347/348/349: (LR-1A,LR-1B,LR-1C One Family Lakeshore Residential Zoning Districts,list of permitted, conditional and accessory allowed uses) None of these single family residential districts include'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 94-36/37/38: Re: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 - City of Orono PROHIBITION OF BOAT SLIP RENTAL IN RESIDENTIAL ZONES-Continued Section 94-71 thru 94-101: Re: Marina Business Licensing 94-71: Definitions "Business Use"means engaging in either a marina business or the business of docking,mooring or storing boats. "Marina Business"means engaging in one or more of the permitted,accessory or conditional uses allowed within the B-2 Zoning District. "Business ofDocking,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. 94-76: 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. 94-100: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. If you have questions,please contact the Orono Building and Zoning Department(952)249-4600. City of Orono-Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway www.ci.orono.mn.us P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55356 Telephone:(952)249-4600 • Fax(952)249-4616 Dock Information Flyer-Updated 2/01 4:-=-04?. Updated 6/04 / O 0 � y,;I CITY OF ORONO Ali�,hl y;". ,t71 Building & Zoning Department What You Should Know About... RESIDENTIAL DOCKS More than 1/3 of the residential lots in Orono abut the lakeshore. With nearly 40 miles of Lake Minnetonka shoreline,and additional properties abutting Long Lake,Mooney Lake,French Lake,Dickey's Lake,Lake Katrina,Lake Classen and Lydiard Lake, Orono is home to an abundance of dock owners. The following rules and regulations govern the placement and use of private residential docks in Orono: ✓ Seasonally installed docks are a permitted accessory use for residential properties which abut the lakeshore and contain a principal residence structure. ✓ New seasonal docks require a one-time permit ($30.) and may be reinstalled at the same location annually thereafter without additional permits (Fee Schedule,p. 8). ✓ Permanent docks require a Conditional Use Permit (Zoning Code Sec. 78-1113)and may require additional permits from the Lake Minnetonka Conservation District(LMCD)and the Minnesota Department of Natural Resources (DNR). ✓ Rental of residential dock space is not allowed. Such activity is considered to be a commercial use,which is allowed only within the B-2 Lakeshore Business district(Sections 94-71 thru 94-101). ✓ Sharing of a single dock by three or more adjacent lakeshore owners is allowed subject to City Council approval of a Joint Use Dock License (Sections 94-36 thru 94-38). ✓ Placement of docks on Lake Minnetonka is governed by the Lake Minnetonka Conservation District (LMCD). Minimum setbacks from the extended property lines are required. Contact the LMCD for further information (952-745-0789). For other Orono lakes, contact the Building &Zoning Department (952-249-4600). Minimum setbacks (similar to those in effect for other types of accessory structures)will be required,and special permits may be required for docks which must cross a wetland to reach open water. Municipal Docks.The City of Orono does not provide municipal docks for private boat storage,and has no "commons"areas for public dockage. The City does provide a small number of fishing and swimming docks, typically at locations where roadways were historically platted to the shoreline.Canoe rack rental spaces are available at Summit Park on Long Lake to Orono residents on a first-come first-served basis. Orono is home to 5 commercial marinas providing in aggregate a total of more than 450 rental slips. Additionally,public landings on North Arm and Maxwell Bay in Orono provide approximately 150 car-trailer parking spaces for transient boaters. City of Orono -Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway www.ci.orono.mn.us P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55356 Telephone: (952)249-4600 • Fax(952)249-4616 Dock Information Flyer-Updated 2/01 4-0-4,.--N Updated 6/04 /0 + 01 II ��� it CITY OF ORONO \`' A ., t�/ Building & ZoningDepartment t4 0, .,f . a P \ kES'II�4�/ What You Should Know About... RESIDENTIAL DOCKS More than 1/3 of the residential lots in Orono abut the lakeshore. With nearly 40 miles of Lake Minnetonka shoreline,and additional properties abutting Long Lake,Mooney Lake,French Lake,Dickey's Lake,Lake Katrina,Lake Classen and Lydiard Lake, Orono is home to an abundance of dock owners. The following rules and regulations govern the placement and use of private residential docks in Orono: ✓ Seasonally installed docks are a permitted accessory use for residential properties which abut the lakeshore and contain a principal residence structure. ✓ New seasonal docks require a one-time permit ($30.) and may be reinstalled at the same location annually thereafter without additional permits (Fee Schedule,p. 8). ✓ Permanent docks require a Conditional Use Permit (Zoning Code Sec.78-1113)and may require additional permits from the Lake Minnetonka Conservation District(LMCD)and the Minnesota Department of Natural Resources (DNR). ✓ Rental of residential dock space is not allowed. Such activity is considered to be a commercial use,which is allowed only within the B-2 Lakeshore Business district(Sections 94-71 thru 94-101). ✓ Sharing of a single dock by three or more adjacent lakeshore owners is allowed subject to City Council approval of a Joint Use Dock License (Sections 94-36 thru 94-38). ✓ Placement of docks on Lake Minnetonka is governed by the Lake Minnetonka Conservation District (LMCD). Minimum setbacks from the extended property lines are required. Contact the LMCD for further information (952-745-0789). For other Orono lakes, contact the Building& Zoning Department (952-249-4600). Minimum setbacks (similar to those in effect for other types of accessory structures)will be required,and special permits may be required for docks which must cross a wetland to reach open water. Municipal Docks.The City of Orono does not provide municipal docks for private boat storage,and has no "commons"areas for public dockage. The City does provide a small number of fishing and swimming docks, typically at locations where roadways were historically platted to the shoreline.Canoe rack rental spaces are available at Summit Park on Long Lake to Orono residents on a first-come first-served basis. Orono is home to 5 commercial marinas providing in aggregate a total of more than 450 rental slips. Additionally,public landings on North Arm and Maxwell Bay in Orono provide approximately 150 car-trailer parking spaces for transient boaters. City of Orono-Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway www.ci.orono.mn.us P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55356 Telephone: (952)249-4600 • Fax(952)249-4616 r . n o I � 2 ' P C,•• OQ pr- P., -C7 b ' ' t/N ,C 7 u 1 � 3 . , •;+,}�,�, mss. �... ill'''. , dy ,` Ij_Jj4.. ,'' . ` ..„.,,„...fii.l'=' '' .' ., . ( i i Triettod I'• p,'H`;.4', 'e- .. FrEY: '` i!F ` [i j ( `x;i 4, 'MA a ' '+ u^^,i^ .. ' 1) -' ipd °"`. "�,y�p. 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