HomeMy WebLinkAbout10-6-20 contesting notice of violationHEPM.BROD GREGGS. PAUISON BRODEEN & PAULSON P.L.L.P. PHONE: (612) 226-5968
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610 SEARLm STREET
NEW BRIGHTON, MINNESOTA, .55112
October 6, 2020
Board of Appeals & Adjustments
City of Orono
2750 Kelly Parkway
Orono, MN 55356
Re: Notice of Violation Issued to Greg & Christine Paulson at 1215 Arbor Street
Dear Board members,
On behalf of Greg and Christine Paulson this letter is respectfully provided,
pursuant to § 78-96, to appeal the notice of violation issued by building official Roger
Peitso, which is in error.
NOTICE OF VIOLATION
The Paulson's received a written notice of violation on Friday October 2, 2020,
which required the alleged violation to be repaired by Monday October 5, 2020.
The notice alleged that "[d]rain tile running under driveway to the North property
line shall be removed" because it violated the City Code. The specific basis of the notice
of violation is Chapter 78, Code § 78-1579, which provides:
No land shall be developed and no use shall be permitted that results in
water runoff causing flooding, or erosion on adjacent properties. Such
runoff shall be properly channeled into a storm drain, watercourse,
ponding area or other suitable facility.
The notice did not allege that any water runoff caused flooding or erosion on the adjacent
property. The Building Official did not contact the Paulson's prior to issuing the notice of
violation.
CHRISTIAN BROTHERS CONSTRUCTION
On October 10, 2019, Christian Brothers Construction replaced the concrete front
porch, an apron on the back of the house, and installed drain tile under the driveway to
ensure that water from the gutter does not create ice on top of the driveway. Prior to
October 10, 2019, the water from the gutter was displaced away from the foundation on
top of the driveway. Either way, the water has been displaced to the same location for
decades, either on top or below the driveway.
Efforts were made to comply with the City's Code. Christian Brothers
Construction spoke with Roger Peitso, back in October 2019 and again on October 6,
2020. On each occasion Mr. Peitso confirmed that a permit was not required from the
City of Orono for this project.
THE DRAIN TILE UNDER THE DRIVEWAY DOES NOT CAUSE FLOODING9 NOR
EROSION
The City Code expressly prohibits "water runoff' that causes "flooding or erosion
on adjacent properties." Chapter 78, Code § 78-1579. Moving the gutter downspout from
on top of the driveway to under the driveway has not resulted in water runoff that causes
flooding or erosion. Pictures and testimony will prove this fact. The neighbor's property
has never experienced flooding or erosion due to any water runoff from 1215 Arbor
Street.
Even before the water reaches the neighbor's property, the 1215 Arbor Street yard
has not experienced any flooding or erosion, which is shown in the picture accompanying
the notice of violation. Based upon experience with the gutter, the water runoff may not
even reach the neighbor's property. If the water does reach the neighbor's property, the
runoff is no different than they have experienced for decades. Whether the water from the
gutter runs on top or underneath the driveway, it all is displaced downhill with no
flooding or erosion.
If the work was accomplished on October 10, 2019, then why did the adjacent
property owners wait 9 or 10 months to file a complaint? The neighbors did not even
know that the gutter water ran underneath the driveway until they were physically on the
Paulson's property, in July or August of this year, in response to the Paulson's request to
review their tree branches that they proposed to trim. It was at that time that the
neighbors became concerned with the runoff.
CONCLUSION
For these reasons, we respectfully request the Board of Appeals & Adjustments to
hold a hearing, which would allow the Paulson"s to present witness testimony and
documentary evidence to establish that water runoff has not caused flooding or erosion
on adjacent properties. Please provide a copy of the Board's Rules applicable to your
proceedings and hearings.
Sincerely,
Greg S. Paulson
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