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HomeMy WebLinkAbout08/15/2007- Ltr re permit August 15th , 2007 Dear Evelyn and City of Orono, This past Thursday August 9th , 2007 we reviewed the files for propertys 2590 and 2598 Casco Point Road. Several issues were apparent in the file for 2590 Casco Point Road where new construction of a home is being completed. The first was that we could not find a final grading plan approved by the city of Orono. Secondly, we did not find the easement documents associated with the two propertys in the orono city files. We did then discuss the remainder of a water drain pipeline left in the rear yard of 2598 Casco Point. You (Evelyn) indicated you had some document in the files showing a disconnect at some distance from a manhole near the intersection of Casco point and Dunwoody road. We still can't conclude that removal of the drain line will affect the city system from the records you have shown us. After our meeting , friday afternoon I returned to our property at 2598 Casco Point to find some employees for the developer of the new 2590 home removing brush and trees which separated the two homes. All the brush and trees removed appeared as expected on the 2590 developing side of our adjoining lot line. Several issues, however, became apparent at this point however regarding a grading plan for completion of the 2590 property. (1) Their 2590 grading so far appears to remove a utility turn-around area immediately in front of 2598 garages. Before we used the utility corridor to turn vehicles to face the street when exiting safely. Now when the patrons and third party vehicles (mail, UPS, deliveries, etc.) arrive at 2598, they leave by backing down the curved driveway and into the intersection of Dunwoody and Casco Point roads. They have little or no way to see both ways on Casco Point when exiting in a reverse fashon. This creates more risk of injury both infront of the 2598 home and at the intersection since the truck turn-around previously availible under the shared driveway easement provided a way for the vehicles to exit facing forward when exiting 2598. We would propose that the city require the utility corridor on the lot line +/- 10 feet be returned to its historic or similar grade to allow the return of safety to drivers exiting the 2598 property and all those travelling Casco point road to/from the point. (2) Their 2590 grading so far appears to change the water dranage between the properties. (2598 is down hill of 2590) My concern here is two-fold: first(a)that in past years we have had ice-dams appear in front of our 3 car garage from excess water flows. We desire any final grading plan to assure us that this risk will be mitigated by avoiding additional watershed onto 2598 garage areas at where the historically shared driveway passed across the joint property line of 2590 and 2598 and up the 2590 hill to a crest. Addition of an impermiable edge mat to the side of the driveway their construction has created (extending below the surface a few feet ) would be a better assurance than just the tilt of a grade which will erode. We had a drain added in front of the 2598 garages to remove the ice-dam years ago but the new 2590 construction cut our driveway edge, removed some of our well maintained tar surfaces, and removed the upper portion of shared driveway surface material that was prevoiusly also diverting waters away from the 2598 garages. Secondly, (b) we had symmetrical gardens at the end of the once shared driveway which will now potentially get a depleted water supply on the north side garden and an old oak tree. Those landscape features will now be at risk from a changed water-shed area. (3)The removal of flowering plants that were along the north edge of the 2598 property and the addition of piles of dirt in grading depreciates the driveup appeal of 2598. This occurs just as we are trying to sell the 2598 home this year. We would appreciate any final grading to be sodded and re-landscaped immediately instead ofjust seeding so as to reduce the time impact already created by the August 10th thru 11th removal of green vegitation and shrubs. Historically, 2598 and 2590 shared one curved driveway crossing the shared lot-line in an easement. The demolition of the prior 2590 home more than 12 years ago technically removed that driveway easement between the properties according to that document. However it was the intent that the prior land owners share the space along the driveway and both maintain it. Maintenance to the driveway had been done by us the 2598 owners in the subsequent 12 years, but not by the prior 2590 owner and no home existed at 2590 for more than a decade. As an historic shared domain to 2598 we feel the removal of the driveway space by this construction along the shared utility corridor should be against city expectations of the new developer. Recently the states court ruled local governments can use eminent domain to take property from one private entity and give it to another private entity if iYs in the public interest. Alternatively, the city can enforce zoning restrictions on properties affecting the use of driveways entering intersections as well. We are interested in a solution that all parties can agree with. The intersection Dunwoody & Casco Point may be made as safe as it was by adding stop sign(s) on Casco Point, but the loss of turn-around for 2598 drive spaces appears to leave 2598 patrons and public at risk of loss. Pictures were taken with a digital camera of the property line before the grading, on Friday Aug 10th when shrubs and trees were removed, and after further grading began to change the grade Monday August 13th, 2007. We called friday afternoon and the city was not availible when the developers began clearing with their equipment. We called the Bonestroo Engineer Tom Kellog who indicated he had a letter sent February 12th, 2007 with concerns along the south-west lot line of 2590. He indicated friday afternoon that he had no documents shown addressing those concerns after the grading diagram dated Feb 1 st to indicate the citys grading plan was accepted or changed. He said to call Bruce Vang the citys grading inspector where I left messages that friday. So both the city engineer and us adjoining property owners were not fully notified of what was to occur before the groundbreaking we observed upon return the morning of Monday, Aug 13th, 2007. Six months after the city engineers letter I Please inform us at the address & phone contacts below when your city reviews and approves a final grading plan for 2590. Monday, Aug 13th, 2007 we observed a city offical onsite and overheard them request a new grading plan for 2590 from Chris of On The Level (Developers). We asked the crew of Final Grade to show us a Grading Permit and/or diagram and they said the plan was coming from the On The Level crew coming. No Grading Permit was ever presented onsite. Its beed over 6 months since Feb 2007 decisions were made affecting risks to our property and the public at the intersection that affronts our property and the documents describing the changes have been hidden from us and were not on file in the city offices for our review; nor were we informed during this period when we came in and requested them. We Patrick& Pamela Fitzgerald are owners of the 2598 Casco Point property. respectfully, Patrick D. Fitzgerald cellph: 651-373-7264 home: 952-446-9474 mailing address: Patrick& Pamela Fitzgerald 9509 Pheasant Crossing St. Bonifacus, MN. 55375