HomeMy WebLinkAboutProperty violations/1999 � ��
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` ' S' ' � 2750 Keiley Parkway P.O. Box 66 i
�����g � Orono, MN 55356 � Crystai Bay, MPI 55323-�066 I
July 14, 1999 .
Kevin and Lisa Olsen _
3580 Bayside Road - �
Long Lake NIN 55356 '
Dear Mr. and Mrs. Olsen: . �
This letter is to inform you that the large rocks and grading in the Stubbs Bay Road right of way
adjacent to you property will need to be removed and the area restored to its preexisting �
condition. These rocks and grading are installed in the city's right of way immediately adj acent to i
' the pavement. � . . �I
No permission was granted by the ciiy to perform any work in the right of way, except for the �
installation of the driveway.The city has the authority to control driveway construction in the
right of way and the driveway must be constructed to rrLn�rr►i�e the impacts to the road right of
way. !
The rocks and grading are a safety hazard to vehicular travel in Stubbs Bay Road and need to be i
removed'urvnediately.If the rocks are not removed and the area restored to its preexisting �
condition by Monday, July 19th the city will remove the rocks and re�ade the area. i
Section 6.07, O1 of the Orono City Code "Obstructions in Streets and Private Roads" prohibits
, . theplacement of obstructions in any public road. Public road is defined in Section 6.01,L.
� means the entire area dedicated to public use or contained in a plat.The city has a 66 foot wide i
right of way for Stubbs Bay Road.
�
Thank you for your assistance in this matter.Please contact me at 249-4621. �
� �
Sincerely,
. � �u ,, � .
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Gregory B. Gappa �
Director of Public Services
Telephone(612)?A9-4600 • Fax(612)2A9-4616
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July 19, 1999
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Mr. Greg Gappa
City of Orono
PO Box 66
Crystal Bay MN 55323
Re: Your letter Dated 7/15/99
Dear Mr. Gappa,
I am very disturbed by your threatening letter giving us only the weekend to respond to your
wishes.
Very briefly, 3500 Bayside, 500 Tonkanna, 3965 Bayside, 4115 Watertown and the entrance to
Crystal Creek all have attractive landscaping within feet of the road or as you would refer to as the
right of way. It would appear that you may have a personal vendetta for us, if that is not true, than
please provide us with the formal correspondence from the above mentioned addresses allowing
their landscaping to be within the right of way.
I did notice that our rocks were placed beyond the plain of the power poles and we intend to move
them back beyond the power pole for safety reasons. I will assume this will not be a conflict.
I tried to reach you by phone at 8:50 a.m. today. Your message indicated you would be out for
the day. I left a voice mail and await your return call.
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Kevin R. Olsen
President
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321 WILSON ST. N.E., MINNEAPOLIS, MN 55413 • PHONE: (612) 331-3111 - FAX: (612) 331-1161
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July 23, 1999
Mr. Greg Gappa I
City of Orono
PO Box 66
Crystal Bay MN 55323
Re: 3580 Bayside Road
Dear Mr. Gappa,
Pursuant to our conversations Monday about possible
danger to snowmobiles, we are in the process of getting the
excavators back to work on the right of way. This should
happen within the next couple of weeks.
Respectfully, '
��J�
Kevin R. Olsen
President
321 WILSON ST. N.E., MINNEAPOLIS, MN 55413 � PHONE: (612) 331-3111 — FAX: (612) 331-1161
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Mr. Greg Gappa �e N� S�l � ✓�'� I � �� Y� '(���rr�0��� -
City of Orono 1 �
PO Box 66 �w���1� '���\.� '�Q (��vC'� � C`^ �Y> �0�J �LI, y
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Re: 3580 Bayside Road
� Dear Mr. Gappa, �
Pursuant to our conversations Monday about possible
danger to snowmobiles, we are in the process of getting the
excavators back to work on the right of way. This should
happen within the next couple of weeks.
RespectFully � �
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Kevin R. Olsen
President �
321 WILSON ST. N.E., MINNEAPOLIS, MN 55413 • PHONE: (612) 331-3111 — FAX: (612) 331-1161
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$EggO 2750 Kelley Parkway P.O. Box 66
Orano, MN 55356 Crystal Bay, MN 55323-0066
July 21, 1997
Kevin Olsen
3580 Bayside Road
Long Lake, Minnesota 55356
Re: Zoning Violations
Dear Mr. Olsen:
As we have discussed, the fence that you took down and are in the process of rebuilding is in
violation of the Orono Municipal Code. It has also come to the City's attention that you are storing
trailers in violation of the City Code (Section 10.60, Subd. 13).
This letter is to require you to remove these violations before August 4, 1997. If you wish to apply
for a variance to keep the fence,the next deadline for application submittals is July 25, 1997 at noon.
If you do not make application by that date, the fence must be removed by August 4, 1997. If you
have any questions, feel free to contact me at my office.
Sincerely,
� �
Lyle Oman
Building Official
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Enc. Section 10.60, Subd. 13
cc: Elizabeth Van Zomeren, City Planner/Zoning Administrator
Michael P. Gaffron, Asst. Planning & Zoning Administrator
Bruce L. Vang, Field Inspector
Telephone (612) 473-7357 • FAX 473-0510
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k'E$HQ 2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
January 13, 1998
Kevin & Lisa Olsen
3580 Bayside Road
Long Lake, Minnesota 55356
�Dear Mr. and Mrs. Olsen:
This letter is in reference to my telephone conversation with Lisa Olsen on January 13, 1998. Rip
rap installation, along the Lake Minnetonka shoreline on your property, is currently being completed
under a permit that was obtained from the Minnehaha Creek Watershed District.
The location of the City public access dock that has been installed every suminer for many years,
and the use of the lakeshore off the end of Stubbs Bay Road by snowmobiles has been a concern.
The dock location and public use area has been occurring on your property for many years. This
issue was discussed at a City Council meeting on October 27, 1997 at which you were present. This
issue was on the Council agenda because of your complaints to the City regarding the dock location
and public access occurring on your property.
At this Council meeting, the City Attorney stated that according to Minnesota law the City has
acquired the right-of-way through dedication as it has been openly used and maintained by the City
for more than 6 years.
Because the City's position is that a public right-of-way exists over the area in public use, rip rap in
this area should not occur at this time.
Thank you for your assistance in this matter. Please contact me should you have any questions.
Si cerely,
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Grego�A. Gappa
Director of Public Services
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Enc. City Council Meeting Minutes for 10/27/97
cc: Tom Barrett, City Attorney
Telephone (612) 473-7357 • FAX 473-0510
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON OCTOBER 27, 1997
�
(#12 - Dakota Avenue Maintenance - Continued) �
�
Jabbour said the road is designated rural in the Comprehensive Plan.
Kelley said Gappa's arguments are correct. The newer roads are platted, but it is
understood they will be private when developed. Kelley said the distinction is cleazly
made today but has not always been in the past.
Jabbour said he would like to be sure that the Council is not acting on an item-by-item
basis. He said he understands that Gaffron is thoroughly aware of the situation. Jabbour
said he �vould like to change the classification and tie up any loose ends involved.
Gappa reported that there was only three cases of similar roads, Casco Cove, which has
recently been determined for public maintenance, Shore Hills Drive, and Dakota
'� Avenue. Shore Hills Drive is a very short street and still unpaved. Gappa said he
reviewed all of the sewered areas and hot spots and found all of the other roads to be
' public.
Jabbour moved, Kelley seconded, to approve the public maintenance of Dakota Avenue.
_ ____Vot Ayes 4, Na s 0. � �
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(#13) STUBBS BAY PUBLIC LAKE ACCESS
Jabbour noted that the City Attorney just received the information regarding this issue.
He asked that Barrett be contacted earlier in the process in the future.
Gappa reviewed the background of the Stubbs Bay public lake access. He noted how the
access has been used the past 20 years. Rock was hauled in for use by the City with a
seasonal dock. Gappa reported that the 30' wide right-of-way was platted as Oak Street
and showed where it is located and the location of the Olsen property, which is two
separate tax parcels. Access has been over a portion of Lot 48 of the Olsen property.
The Olsen's purchased the property in November of 1996. The previous owner never
brought forwazd the issue of use. The dock was moved this summer onto the area
surveyed as the City's access as requested by the Olsen's.
Issues of concern include the City's pazcel droppino off quickly in topography, and
containinj �vetlands which are different to traverse. He noted the Olsen property is
gradual in its slope, and�vas determined by the public at some point to be a better access
point. Gappa said to access the City dock, the public must cross over the Olsen
property. Gappa explained how the dock is installed.. �
Jabbour questioned whether there is room to get to the lake access on the City property. �
13
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NLINUTES OF THE REGULAR ORONO CITY COUNCIL �
MEETING HELD ON OCTOBER 27, 1997
(#13 - Stubbs Bay Public Lake Access- Continued) S
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Goetten noted the problem with travel on the access during the winter months. Gappa
confirmed that there is alot of snowmobile traffic and difficulty in enforcing the use of
the City property rather than that of the Olsen's. Gappa said it is problematic getting to
the City access with the steep bank.
Gappa suggested the City consider acquiring the land owned by the Olsen's for access or
make improvements to the City property to make it more desirable to use.
Jabbour said the City and general public have used the land owned by the Olsen's for
many yeazs, noting it is used for parkina, an occasional boat launch, and exercising of
animals. Jabbour received confirmation from Mrs. Olsen that she does not want the City
using her property any longer and is planning on barricading it.
Jabbour asked Barrett what the City's legal position is regardinD the access.
Barrett said, according to Minnesota la�v, the City has acquired the right-of-�vay through
dedication, as it has been openly used and maintained by the City for more than 6 years.
Barrett noted the improvements aze obvious to the eye�vhen viewing it. He suggested
the Olsen's may have recourse �vith their title insurance company for the loss of the
property and cost of the survey.
. �-
Barrett said the City does not have fee title but does have a road easement. Gappa said
the Olsen's are objecting to this opinion.
Jabbour said, assuming the City has ownership, is the City interested in maintainin; it.
If so, what should be equitably decided regarding the Olsen's. If it is determined that it '
is not essential for the City to maintain the access, ho�v can the City return the property
to the Olsen's if they now have the right to the property.
Barrett said a formal vacation�vould have to occur to return the property to the Olsen's.
Jabbour said that would include a public hearing. He questioned whether the DNR
�vould have to be notified. Gaffron said any change to a piece of right-of-way along the
lakeshore requires contact with the DNR. Jabbour noted that all parties concemed have
an interest in solving this issue as soon as possible.
Lisa Olsen, 3580 Bayside Road, referenced her letter, which includes information on the
property and the outcome from the meeting she attended with the Park Commission.
Olsen questioned whether the Council feels the information is in contrast with what
Gappa has in his report. She distributed a photo of the property. She noted the dock was
placed on City property this summer.
14
MINi1TES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON OCTOBER 27, 1997
(#13 - Stubbs Bay Public Lake Access- Continued)
� Olsen said the Ci ro e could be usable if the�veeds were contained and would
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provide incentive for those to use it who �vish to. In response to Barrett's comments
regarding Minnesota law, Olsen noted that it is common knowledge that the gravel was
added in the last five years. Since the gravel was added,traffic has accelerated and
caused the slope in the bank.
Olsen said she is una�vare of�vhere the dock has been located over the last 20 years but
feels it�vas placed arbitrarily. Gappa noted the property was surveyed and staked this
summer. Olsen indicated the access is only seasonally used. Olsen said it was her goal
to make the property more residential in nature with plantings.
Jabbour said it would be possible to document the use of the access back to the
- beginning of aerial photography. He indicated he has personally used the property
himself to gain access. Kelley said he has used the property since 1979 noting the dock
- is usually located to the left of the trail. Jabbour felt confident the City will be able to
show use over the past six years. Jabbour said he would like to solve the issue without
having to involve other agencies.
Susan Wilson said the Park Commission is in favor of maintaining the access as the
community does use it. She noted the access has been an amenity to the community but
she would not like it located on the Olsen property. It was questioned whether access
can be totally provided from the existin� City property and�vhether the portion used by
the City and owned by the Olsen's can be vacated.
Goetten indicated if it is the desire of the Council taking the facts presented by Barrett to
continue the use of the property, she would like to be fair to the Olsen's and reach some
agreement. She noted the Olsen's understood the property was theirs when it was
purchased.
Kelley asked Olsen if the title search revealed the use by the public. Olsen said it did
not. Kelley said he felt Olsen would have recourse with the title company.
Olsen said she does not believe the ownership by the City is established on that pazcel.
Barrett said if the City uses the property and comes onto her portion of the property,that
would be the claim for ownership. He said it appears that the property has been
dedicated. Olsen said she then questions the facts.
Jabbour asked�vhat it would take to establish the facts for Olsen to be satisfied with
ownership by the City. He encouraaed Olsen to consider the facts and protect the rest of
her property. Jabbour noted he would personally be furious if he lost some of his land,
but indicated that the City has their hands somewhat tied as the use has established the
City's right to the property. He voiced concern with involvement by the DivR and a
�- possible request for a designated trail resultina in further loss.
15
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON OCTOBER 27, 1997
(#13 - Stubbs Bay Public Lake Access- Continued) ,t�
�
Kelley asked if Olsen�vould like to have fu.rther time to review the information. Olsen
said she would like to further discuss the matter. Barrett said he would be happy to
participate.
Jabbour reviewed Olsen's options: 1)to challenge the City by court action to retrieve the
property, noting the City can document its use; 2) note the piece of land removed from
her total land and be reimbursed by the title insurance and buffer the remaining property.
Jabbour said the portion lost is about 5-6' but a major portion remains and should be
protected. Jabbour and Kelley agreed that the Olsen's should pursue recourse from their
title insurance company.
Jabbour asked Gaffron to become involved in the issue and determining what has
.. occurred. He asked Gaffron to review aerial photographs.
-- Kelley reported there is also an issue of liability noting the possibility of problems with
the ditch. Kelley said the issue may take time to resolve. He noted changes have
occurred on the property and could create problems for snowmobiling this winter with
the stakes, tree branches, etc. Olsen noted that concern for liability is what brought the
issue to this point.
Flint said if the property is public, the liability lies with the City. Kelley agreed but ,1
noted that the Olsen's could become tied up in the issue as well.
Flint noted the importance of distinguishin�the property to eliminate ftuther
encroachment. He suggested the use of posts and plantings.
• Jabbour said the issue will be revisited at the next Council meeting. Meanwhile, Olsen
will meet�vith Gappa, Gaffron, and Moorse to review the information.
Jabbour asked whether fencing was an issue for Mrs. Olsen. He asked Gaf&on�o clariiy
what can be done in the lakeshore. Gaffron said no fence can be placed in the 0-75'. He
noted that staff needs to review fence issues with Mrs. Olsen. A 3-1/2' high fence is
allowed outside the 0-75'; no fence or storage can occur in the 0-75' setback. Olsen
received clarification on the ordinance regazding�vhere fences can be located,the height,
and the problem with overlapping zones. Olsen indicated that they have repaired a fence
at the same height as existing with removal of one section that was located within the 75'
setback.
16
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON OCTOBER 27, 1997
(#13 - Stubbs Bay Public Lake Access - Continued) �
� Olsen questioned�vhether it would be best to wait for further action until the City takes a
formal position regarding the access property. Barrett said the property is a City road.
Jabbour said the information relayed to Olsen is the City's formal position. Jabbour
asked Olsen if she would prefer the Council vote on the matter. Olsen said she would
like to take the tune to evaluate the information before the Council takes a formal vote.
Jabbour informed her the Council w-ill reverse their decision if the review determines the
findings to be other than what has been noted.
Kelley asked Olsen to review dock locations with Staff.
(#14) BUR1vING PER1l�IITS - STAFF REPORT - ORDINANCE Al�IENDMENT
Gappa reported the Council reviewed the issue of buming in August. Staff has
� concluded that the existing burning policy should be confirmed regarding the size of
fires allowed; namely recreational fires of logs and charcoai �' in width, and log fires of
piles 4' wide, 4' high, and 8' long. Staff believes the size of fires as stated is appropriate
to the density in Orono. Larger fires would be problematic.
Gappa noted the brush disposal site provided this summer was well received. Gappa
_ indicated that the bumin�permits are currently for 30 day time periods and renewable.
` Staff proposes annual permits requiring inspection of site, informing the police
department when a fire will be lit, and reinspection if a new permit is requested. No
changes in fire size with the density of development. He feels the larger areas will be
subdivided and should adhere to same regulations. Gappa noted that fires must be 50'
from any building. He indicated that the permits can be revoked.
Jabbour asked about protecting trees on properties where burning occurs. Gappa said
inspections aze required to review the sites for such items as tree location.
Goetten asked if fires aze limited to recreational only. Gappa said recreational, log
disposal fires, and the use of enough brush to get the fire started. Goetten asked if any
thought was given to larger log fires. Gappa said the concern is with grass fires
beginning and damaging homes.
Gappa reported that brush disposal sites will still be used. Goetten asked Staff to
consider at least two disposal times for brush or in cases of special circumstances.
Jabbour cautioned that the brush disposal site be used for residential brush only and not
commercial, notin�the high dump costs.
�
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�91�"1�K0g� 2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
December l, 1997
Lisa Olsen
3580 Bayside Road
Long Lake, MN 55356
Re: Lakeshore lot - Fence and storage issues
Dear Ms. Olsen:
Thank you for your letter of August 10 in which you stated that your property had been �'" `
brought into compliance with the zoning regulations. I apologize that we have not responded
to it sooner. At the City Council meeting on October 26 I indicated to Council that the fence
and storage issues on your lakeshore lot have not been resolved. The intent of this letter is to
help you understand the remaining violations in the hope that a suitable solution can be
reached.
Fence Non-conformity Analysis
By virtue of the Special Lot Combination Agreement executed by the Norton's in 1983, your
lakeshore parcel and your inland parcel are considered for zoning purposes as a single parcel.
The lakeshore parcel abuts the lake and makes your property a'lake frontage lot'.
The non-encroachments section of the code which regulates fence location and height, relies
on the concept of'required yards' (which in turn are established based on defined 'lot lines')
for designating where certain improvements or uses are allowed within a property. The zoning
code does not define 'street lot line' or 'street yard', but it does define that the standard
lakeshore lot has a lakeshore yard on one side of the building and a rear yard on the other.
Your lot lines are interpreted as follows:
-Your rear yard is the northerly 50 feet of your property where it abuts the Luce Line.
-Your easterly lot lines abutting 165 and 185 Bederwood are all side lot lines, with
defined side yard extending to a depth of 30' from the lot line.
-Your west line abutting Stubbs Bay Road is a'side street lot line' with a'side street
yard' S0' in depth adjacent to it.
-Your lakeshore yard is all the area lying between the shoreline and the 75-foot lake
setback line. The remaining area between the 75' line and the road right-of-way, as
well as the first 50'north of the road right-of-way, must be considered as front yards
Telephone (612) 4'13-7357 • FAX 473-0510
Lisa Olson
December l, 1997
Page 2
given the location of your residence (see sketch attached).
No fence can be located within 75' of the 929.4' shoreline contour for Lake Minnetonka.
Even though you have indicated that you have removed the portions of the fence located less
than 75' from the shoreline, according to the most recent survey of your property in our files
(1983),your lakeshore parcel has very little land that is not in the 0-75' zone, and most of the
remaining fence appears to be either in the County road right-of-way or within the 0-75' zone
according to that survey.
No fence higher than 3-1/2' is allowed within a front yard. We have concluded that your fence
is still in violation of the various maximum height provisions of Section 10.03 Subd. 15(C).
That Section indicates that certain types/heights of fences are not considered as encroachments
on yard requirements. It specifically states that "fences not over 6 feet in height along the
street lot line of lake frontage lots which front on a major thoroughfare" are not
encroachments, and "if fill is required, the total combined height of both fence and fill shall
not exceed 6 feet above the height of the crown of the road...".
Any argument that the fence should be allowed at least 6' high because this is a lakeshore lot
which fronts on a major thoroughfare, is faulty because that Section relies on the definition
of a lakeshare lot having a rear yard between the house and the road;but your property has no
house (and therefore no rear yard) between the lake and the road.
Further, the language that allows a combined fence and berm height of 6 feet is intended to
eliminate the possibility of creating a berm higher than the road and then placing a 6' fence on
top of it with the result being an excessively high fence. It has been consistently interpreted
by the City that this was not intended to allow the grade to be increased by berming to the
height of the road crown and then placing a 6' fence on it. And, note that no grading is
allowed within 5' of a lot line.
Based on the above,we conclude that your fence is not in conformity with the code, and does
not meet the intent of the code. Its complete replacement, whether or not done 'in kind' or via
re-use of the same materials, appears to be a violation of the zoning code.
Storage and Accessory Structures
Storage of your RV/trailer within 75' of the shoreline and within the lakeshore/front yard is
in violation of a number of Code sections:
- Section 9.52 Subd. 2B: "It is unlawful for any person to park or store a mobile
home or recreational vehicle in any'Residence District'for more than 24 hours,
except in a side or rear yard at least ten feet from any property line". Your RV
Lisa Olson
December 1, 1997 .
Page 3
is not stored in a side or rear yard.
- Section 10.60 Subd. 13, Exterior storage in'R' Districts: "In all 'R' Districts,
all mobile materials and equipment shall be stored within a building or fully
screened so as not to be visible from adjoining properties, except boats and
unoccupied trailers less than 20' in length,which are not stored for commercial
purposes, if stored to the rear of the house and a distance of 10 feet or more
from any property line". Your RV is not fully screened as it is visible from the
lake and from other properties, and is not within a side or rear yard.
- Sections 10.22 Subd. 2 / 10.55 Subd. 8 / 10.56 Subd. 16L: No hardcover is
allowed within 75' of the shoreline. Long term storage of your RV in a single
location makes it function as hardcover because it interferes with the direct
absorption of of rainfall into the ground.
Also, the recently erected play structure in the lakeshore yard and within 75' of the lake is
technically in violation of 10.22 Subd. 1B, 10.55 Subd. 8 and 10.56 Subd. 16C because it is
a structure as well as hardcover, and is therefore not allowed in the 0-75' zone.
As we discussed earlier this year, your sheds in the lakeshore yard are non-conforming
structures and subject to ordinances which severely limit the degree of structural repairs
allowed.
Conclusions
Based on the above, we have reached the following conclusions:
1. Your fence which was removed and illegally reconstructed must be lowered
to a maximum of 3-1/2 feet in height and on the south side of Bayside Road,
may only be located where it can be confirmed it is not within the right-of-way
and is at least 75' from the 929.4' lakeshore contour.
2. The RV must be removed from its current location and may be stored to the
side or rear of your residence structure at least 10' from any lot line.
3. The play structure located within 75' of the lake must be moved to a location
where an accessory structure would normally be allowed.
Please let me know how soon you can eliminate these violations. Feel free to contact me at
Lisa Olson
December l, 1997
Page 4
473-7357 if you wish to discuss any of the above.
Sincerely,
.�=�� � � �'
� �.�
Michael P. Gaffron
Senior Planning Coordinator
encl.
cc: Lyle Oman, Building Official
Bruce Vang, Field Inspector
Greg Gappa, Public Services Director
Ron Moarse, City Administrator
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:,,�_- V/CTOR E. NORTON
{P�%/e�~5�/72J¢ OF LOTS 2B AND 36� AUD/TOR'S SUBD/V/S/ON NO. 203
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I hereby certi±l� �Fat thi� ic x true rnd corrseL representation oi' a survey of the bounderiea
of :,otc 26 ond 36, Auditor�;; SuGdivision fiurr,ber 203, Honnopin County, Minnesota� und Lhe loca-
� tion of a11 existing uuildin;;s thereon. It doe.� not },urport to slou othar imprpvoments or en•
� cror�chmont^,. ' //-,�X%���
==o�%Z���TY��L%�
� Sro1o: 1�' = 50� i,ordon H. Coffln Re 170, 6064
°vo 133Le : 10-1�-82 :;iu�i Surveyor und Plnnner
�� . Iron mirk^r :.one i.lku, Minnesotr,
Pro_`oeod descriptions
o k. Lot j5, Auoitor�^, guodivisior. hwnber 2C„ Hennepin County, Ndnnesotr�, and that part of
i; Lot 28, eaid ouditrn•�s sutxli.vi^ir.n, l,�in� 1vo:t}i of a line drawn Ga�t �arpondiculnr to tho
;o,��;, � Weat lir.e oi suid Lot 22 !'rcui a Wint cn suid W3st 11ne distant 161,'i feet South froi¢ the
r�" r'"�?��, i,�� Northvest corrcr of the 9!ortheast Gu.rtr�r oP gec�ion 5� Townshi� 117 Nortlt, Ann{;e 23 West
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h � ' � D. T!::it F�:irt oC Lot 2c, ;�uditor'� Sutdivision lJumbor 2C3, Hanneuir.
� �,�^� ` Ccunty, Minnesctu, l;inE� South of a line dravn Fnst perpondicular to
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���rl ��\��g.�G SVeet Address: Mailing Address:
IfEggO 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
December l, 1997
Lisa Olsen
3580 Bayside Road
Long Lake, MN 55356
Re: Lakeshore lot- Fence and storage issues
Dear Ms. Olsen:
Thank you for your letter of August 10 in which you stated that your property had been
brought into compliance with the zoning regulations. I apologize that we have not responded
to it sooner. At the City Council meeting on October 26 I indicated to Council that the fence
and storage issues on your lakeshore lot have not been resolved. The intent of this letter is to
help you understand the remaining violations in the hope that a suitable solution can be
reached.
Fence Nc�n-conformity Analysis
By virtue of the Special Lot Combination Agreement executed by the Norton's in 1983, your
lakeshore parcel arid your inland parcel are considered for zoning purposes as a single parcel.
The lakeshore parcel abuts the lake and makes your property a 'lake frontage lot'.
The non-encroachments section of the code which regulates fence location and height, relies
on the concept of'required yards' (which in turn are established based on defined 'lot lines')
for designating where certain improvements or uses are allowed within a property. The zoning
code does not define 'street lot line' or 'street yard', but it does define that the standard
lakeshore lot has a lakeshore yard on one side of the building and a rear yard on the other.
Your lot lines are interpreted as follows:
-Your rear yard is the northerly 50 feet of your property where it abuts the Luce Line.
-Your easterly lot lines abutting 165 and 185 Bederwood are all side lot lines, with
defined side yard extending to a depth of 30' from the lot line.
-Your west line abutting Stubbs Bay Road is a'side street lot line' with a'side street
yard' S0' in depth adjacent to it.
-Your lakeshore yard is all the area lying between the shoreline and the 75-foot lake
setback line. The remaining area between the 75' line and the road right-of-way, as
well as the first 50'north of the road right-of-way,must be considered as front yards
Telephone (612) 473-7357 • FAX 473-0510
Lisa Olson .
December 1, 1997
Page 2
given the location of your residence (see sketch attached).
No fence can be located within 75' of the 929.4' shoreline contour for Lake Minnetonka.
Even though you have indicated that you have removed the portions of the fence located less
than 75' from the shoreline, according to the most recent survey of your property in our files
(1983),your lakeshore pazcel has very little land that is not in the 0-75' zone, and most of the
remaining fence appeazs to be either in the County road right-of-way or within the 0-75' zone
according to that survey.
No fence higher than 3-1/2'is allowed within a front yard. We have concluded that your fence
is still in violation of the various maximum height provisions of Section 10.03 Subd. 15(C).
That Section indicates that certain types/heights of fences are not considered as encroachments
on yard requirements. It specifically states that "fences not over 6 feet in height along the
street lot line of lake frontage lots which front on a major thoroughfare" aze not
encroachments, and "if fill is required,the total combined height of both fence and fill shall
not exceed 6 feet above the height of the crown of the road...".
Any argument that the fence should be allowed at least 6' high because this is a lakeshore lot
which fronts on a major thoroughfare, is faulty because that Section relies on the definition
of a lakeshore lot having a rear yard between the house and the road;but your property has no
house (and therefore no rear yard) between the lake and the road.
Further, the language that allows a combined fence and berm height of 6 feet is intended to
eliminate the possibility of creating a berm higher than the road and then placing a 6' fence on
top of it with the result being an excessively high fence. It has been consistently interpreted
by the City that this was not intended to allow the grade to be increased by berming to the
height of the road crown and then placing a 6' fence on it. And, note that no grading is
allowed within 5' of a lot line.
Based on the above,we conclude that your fence is not in conformity with the code, and does
not meet the intent of the code. Its complete replacement,whether or not done'in kind' or via
re-use of the same materials, appears to be a violation of the zoning code.
Storage and Accessory Structures
Storage of your RV/trailer within 75' of the shoreline and within the lakeshore/front yard is
in violation of a number of Code sections:
- Section 9.52 Subd. 2B: "It is unlawful for any person to park or store a mobile
home or recreational vehicle in any'Residence District'for more than 24 hours,
except in a side or rear yard at least ten feet from any property line". Your RV
/
Lisa Olson
December 1, 1997 .
Page 3
is not stored in a side or rear yard.
- Section 10.60 Subd. 13, Exterior storage in'R' Districts: "In all 'R' Districts,
all mobile materials and equipment shall be stored within a building or fully
screened so as not to be visible from adjoining properties, except boats and
unoccupied trailers less than 20'in length,which are not stored for commercial
purposes, if stored to the rear of the house and a distance of 10 feet or more
from any property line". Your RV is not fully screened as it is visible from the
lake and from other properties, and is not within a side or rear yard.
- Sections 10.22 Subd. 2 / 10.55 Subd. 8 / 10.56 Subd. 16L: No hardcover is
allowed within 75' of the shoreline. Long term storage of your RV in a single
location makes it function as hardcover because it interferes with the direct
absorption of of rainfall into the ground.
Also, the recently erected play structure in the lakeshore yard and within 75' of the lake is
technically in violation of 10.22 Subd. 1B, 10.55 Subd. 8 and 10.56 Subd. 16C because it is
a structure as well as hardcover, and is therefore not allowed in the 0-75' zone.
As we discussed earlier this year, your sheds in the lakeshore yard aze non-confornung
structures and subject to ordinances which severely limit the degree of structural repairs
allowed.
Conclusions
Based on the above, we have reached the following conclusions:
1. Your fence which was removed and illegally reconstructed must be lowered
to a maximum of 3-1/2 feet in height and on the south side of Bayside Road,
may only be located where it can be confirmed it is not within the right-of-way
and is at least 75' from the 929.4' lakeshore contour.
2. The RV must be removed from its current location and may be stored to the
side or rear of your residence structure at least 10' from any lot line.
3. The play structure located within 75' of the lake must be moved to a location
where an accessory structure would normally be allowed.
Please let me know how soon you can eliminate these violations. Feel free to contact me at
�J /
Lisa Olson
December 1, 1997
Page 4
473-7357 if you wish to discuss any of the above.
Sincerely,
� �� / /
� !
_�
`,.
Michael P. Gaffron
Senior Planning Coordinator
encl.
cc: Lyle Oman, Building Official
Bruce Vang, Field Inspector
Greg Gappa, Public Services Director
Ron Moorse, City Administrator
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CERT/F/CATE OF SURVEY FOR
- • . .. - -- V/CTOR E. NORTON
' i � "•�.vwcornti• etivE'�/q. OF LOTS 28 AND 36, AUD/TOR'S SUBD/V/S/ON ND. 203
of Sne/ierr 5'//7'IJ � s
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I hereby certill� tF.;+t thi� is +. true and corr�ct representation o2'.a survey of the boundarie
of :.otc 2E nnd 3(.,, Audltor�� Subdivicion Ilwr,ber 209, Honnopin County, Minnr�sota, and the loc
� tion of ell existing ouilcin;;s therecn. It does not }�urport to saou othnr i�vementa or e
� cronchment�.
h Sralo: 1^ = 5�' i,ordo�n Re Ho. 60E
$ D3Le : 1Q-1�-82 :,auu Surveyur und Plnnner.
� . Iron ae+rk^r ;,one L�lku, Minnesotr,
Proyoeod de�crlptions
o A. Lot j5, Aur.ito:�s Su'ociivisio❑ �urnl:er 2C;, Henr.epin Count}•, Ndnneaotr�, and thst pert of
�; Lot 28� eaid vuditer�s sutx,'ivirir.n, l,yin� 1}o;th of a linc� drovn Enst ,�erpendlculur to tho
;o;r o ti.; 4 �� Weot lir.e oi suid Lo: 2E !'rom a }z�int :.n suid L13st line distant 1847 feet South fro�u the
T�3��, i,�� Northvest corr,cr of thc �!o�tlier��t qu:,rtur of Sec�ion 5, Tounshl� 117 North, Aan�e 23 Wes
`���� oi' the 5th Princi:zal Meridian.
N � � D. T::at wrt of Lot 2c, ,1u�itor'� Sutdivision Idumber 2C3, Nonneuir.
� ,,�+� \` Ccunty, Minnesotu, 1;SnF: South of a line•dravn Fast perpandicular to
2j � � \ t.he We;;t 11nr� of' seid Lot 2d Srcm u point on said West•],ine distar,t
�'';y;�� �(� � 1F47 fent South Crvm the horthvost.wr.-�ar of tha 1Jorthoaet quarte
• �0'` ' �'>' r- of' So�t.ion 5, Townshio 117 tlorth� Rr.ngo 2j West of thc 5th
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August 10, 1997 c'•� y�
�''U
ti0
Lyle Oman, Building Official
i,ity of Orono
PO Box 66
Crystal Bay, MN 55323-0066 �
Dear Mr. Oman:
Thank you for providing us with copies of the zoning ordinances and the time to address
your concerns.
Regarding your two issues; first, we have modified our fence. The fence is now in full
compliance with zoning regulations: It is more than 75 feet from the O.H.W.L. and less
than 6 feet along County Road 84. According to the City of Orono fence regulations, this
fence does not require a permit.
The second issue regarded our trailers: They are no longer visible from adjoining
properties.
Thank you again, far bringing these concerns to our attention so that we could respond
appropriately. Orono is an attractive city and we feel that your efforts help to maintain it.
Sincerely, �'
f-', ; '
� .
Kevin R. Olsen
cc: Elizabeth Van Zomeren, City Planner/Zoning Administrator
Michael P. Gaffron, Assistant Planning & Zoning Administrator
Bruce L. Vang, Field Inspector
Greg Gappa, Public Services Director
.
� O�
O ,, O
������� CITY of ORONO
�� - �
,� ?� r,�-� �,
�,� ������Y���,��� G�ti Municipal Offices
,t �1;,f���`�,�.� E�.� Street Address: Mailing Address:
'[��ti I i,
`qk'EggO�' 2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
July 21, 1997
Kevin Olsen
3580 Bayside Road
Long Lake, Minnesota 55356
Re: Zoning Violations
Dear Mr. Olsen:
As we have discussed, the fence that you took down and are in the process of rebuilding is in
violation of the Orono Municipal Code. It has also come to the City's attention that you are storing
trailers in violation of the City Code (Section 10.60, Subd. 13).
This letter is to require you to remove these violations before August 4, 1997. If you wish to apply
for a variance to keep the fence,the next deadline for application submittals is July 25, 1997 at noon.
If you do not make application by that date,the fence must be removed by August 4, 1997. If you
have any questions, feel free to contact me at my office.
Sincerely,
� �
Lyle Oman
Building Official
LO/ch
Enc. Section 10.60, Subd. 13
cc: Elizabeth Van Zomeren, City Planner/Zoning Administrator
Michael P. Gaffron, Asst. Planning & Zoning Administrator �
Bruce L. Vang, Field Inspector
Telephone (612) 473-7357 • FAX 473-0510
3S� ������ ��
August 10, 1997
�
'qG �Ct�`�G
Lyle Oman, Building Official c, 6'J �t`�
City of Orono '� '- �
PO Box 66 �''"' J9-9�
O;,
Crystal Bay, MN 55323-0066 'U;�
�
Dear Mr. Oman:
Thank you for providing us with copies of the zoning ordinances and the time to address
your concerns.
Regarding your two issues; first, we have modified our fence. The fence is now in full
compliance with zoning regulations: It is more than 75 feet from the O.H.W.L. and less
than 6 feet along County Road 84. According to the City of Orono fence regulations, this
fence does not require a permit.
The second issue regarded our trailers: They are no longer visible from adjoining
properties.
Thank you again, for bringing these concerns to our attention so that we could respond
appropriately. Orono is an attractive city and we feel that your efforts help to maintain it.
Sincerely, �'
� /
� ", I - �✓i':..-�� ' ".
:' . . ':. _✓i. ._
-�--c--� _ � ..__.�i._.__--_. . ..
�� ��
Kevin R. Olsen
cc: Elizabeth Van Zomeren, City Planner/Zoning Administrator
Michael P. Gaffron, Assistant Planning & Zoning Administrator
Bruce L. Vang, Field Inspector
Greg Gappa, Public Services Director
�=t,:'''�4:''1'�9, 1'�: 4F� 51'�3311161 OL=�EI! FIF'E F'F7-�TEC;T F'�i�E F=11
35�0 �3A� s � ��� ��r�
7/24/97
Lyle Qman, Building Official
Giiy cri Or�na
PO Box �i6
Crystal Bay, MN. 55323-0066
D�ar Mr. Oman,
This is a response to yaur letter of 712�197.
We are le�ving town t�nigf�t until August 3"'. Therefore, we request until September that we
i�ay have the appropriate and necessary time to t�ke action on items you have ir�dicated,
�1s we previously requested, please provide u$ with copies af ordinances pertaininc} to �ur
fence repair. We will reimburs� y4� for copies, as necessary.
Sincer�fy, _
__;;:-�:=�--�
� r
_ � _-
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_ _. � . , .�.
_ � _ _--__
_:. .
:r .`� t_�_ ,�� __:--�'-��
.. ��.-�i',..- r'�y" I.� _. _ -__ _
Kevin R. Qlsen
Y94.�n "� 8 'V � ' � -� ---- - •
Y � � I � r' 4, �, I I
` � ��.;4�'S J
� 9 � __
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� �� � /-'� � n State Registrstion No. 6508
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