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Home My WebLink Aboutcorrespondence re permit/platform cmattson@ci.orono.mn.us mcurtiss@ci.orono.mn.us April 26, 2012 Dear Melanie and Christine, Thank you for meeting with me this morning, regarding 3465 Crystal Place involving the 'structural dwelling' permit request I submitted. When I returned from an out of town funeral, I was informed two city workers came to my property and asked my workers to stop the platform project I had them replacing. Several weeks ago, as you recalled, I came to Orono to request a deck permit and I submitted detailed plans then. However, since learning of the cost and time issues surrounding those deck plans, I decided not to move forward with any new deck project. Instead, I now want to replace the existing platform with just new materials and I want to avoid adding new hardcover. As defined by Orono, a structural platform requires a $50 permit fee. Since we are not adding new hardcover and we are not building a deck, we were surprised to be told to stop working. Given our research on Orono's definition of a deck versus a structural dwelling, and as defined in the State of Minnesota codes on unattached platforms; I had no reason to believe this project would be placed on hold. According to Orono building codes- I now realize I need a structural permit, even though we are not building a deck. And since this platform is not attached to anything and will be less than 30" high, and since we are not adding new hardcover to the property or adding new encroachments reading setback issues—then it was our belief that we were within Orono's zoning and building rules. So we came to Orono today to get the structural permit only to be informed we may have to wait up to two weeks for a review. Lyle already reviewed this project, in person, on April 25, 2012. Lyle clearly saw for himself, as it was also explained to him, that an existing platform was being removed and new materials were replacing the old platform. Lyle reviewed that there are no new encroachments and no new hardcover issues to be considered. And since the new materials are being placed within the existing hardcover and since there are no properties across the street, only green space and trails, we had no reason to believe this would cause grave concern with Orono. I have not added something that was not already there to begin with and all the neighbors are incredibly happy with the work I am doing. So I had no reason to even think I was encroaching or taking away anyone's property rights. We just spent the past six months renovating and reconditioning and pulling permits and complying with state and local codes, so now it is unfortunate to learn how a tiny little platform issue is suddenly holding up the completion of this beautiful renovation project. In addition, this permit delay and the stop work request has now caused a safety issue with the unfinished platform with regard to the neighborhood. Please advise what I am to do now. Your time and attention is greatly appreciated and I look forward to hearing back from you as soon as possible. I also would like an immediate response to the unfinished platform safety issue we discussed earlier today. Please contact me at 612-590-0520. Thank you for time this morning. Sincerely, Renee Laleman } 7 Christine Mattson From: Christine Mattson Sent: Friday, April 27, 2012 10:55 AM To: 'mike@Mlkesoderlund.com' Cc: Mike Gaffron; Lyle Oman Subject: RE: 3465 Crystal Place Mike & Renee, We received your email yesterday. Even though we spoke several weeks ago about your property, the actual process doesn't start until we receive applications. When applications become complete our review process can begin. We handle our applications on a first in, first out basis. As I stated yesterday, we will process your application as quickly as we can. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical addressJ PO Box 66 Crystal Bay MN 55323-0066 (mailing addressJ 'S 952.249.4620 8 952.249.4616 � cmattson@ci.orono.mn.us � www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm Summer Office Hours begin Monday, May 21,2012 Monday-Thursday: 7:30 am to 5 pm/ Friday 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday, May 28, 2012 (Memorial DayJ From: mike [mailto:mike@MIkesoderlund.coml Sent: Thursday, April 26, 2012 4:28 PM To: Christine Mattson; mcurtiss@ci.orono.mn.us Subject: 3465 Crystal Place Please see attached Renee Laleman 612-590-0520 i � � � -� � O� O ,,, p CITY of ORONO ��, Municipal Offices �z a�' � �� ,.� �r Street Address: Mailing Address: � �y�✓ �, ,� , .;� � G,�, 2750 Kelley Parkway P.O. Box 66 � ' ,� Orono,MN 55356 Crystal Bay,MN 55323-0066 �kESHO�' April 30, 2012 Renee Laleman 3465 Crystal Place Wayzata, MN 55391 Re: 3465 Crystal Place Zoning Permit Application #2012-00328 The property addressed 3465 Crystal Place received a variance in July, 1998 for an addition of a detached garage and at that time hardcover was measured at 48.6% where 35% is allowed. A copy of Resolution No. 4133 is attached. I understand from your email dated April 26, 2012 that you are proposing to replace a platform. The City has no documentation or photos showing a platform existed. In fact an aerial photo (copy attached) shows the home had windows on the north side, not French doors as your photos submitted with the application shows. A portion of the survey of the property from 1998 (copy attached) does not indicate any landscape rock and/or plastic. This may have been done sometime after the variance, which put the property out of compliance with the approved hardcover allowance. With that said, the City is in receipt of your zoning permit application for a Structure Permit (detached platform) which was received by this office on April 26, 2012. After a cursory review, your application is incomplete. On the hand drawn plans a detached platform is proposed. Staff cannot administrativefy approve exchanging hardcover (rock on plastic) for non-structural hardcover (platform) when the property already exceeds the allowable level by code. It also appears from the photos you submitted a minimum 3'x3' landing and stairs with a railing will be required from the French doors to the platform. A landing and stairs with a railing, even one ending on a detached platform, is structure and must be set back 30 feet from the front (street) property line. In order to proceed with a proposed detached platform, an updated, full size certificate of survey meeting the City's survey standards (enclosed) indicating the location of the existing house and proposed detached platform as well as all existing structures, landscaping, retaining walls and hardcover on the property. The only way for staff to approve the application, without the need for a variance, is to show the lot is confirming in hardcover, setbacks and structural coverage. If a survey with hardcover calculations show the property is at or less than 35% hardcover including the new platform; the landing and stairs don't encroach within the 30' front yard setback; and the lot isn't over the 15% structural coverage allotment, it can all be approved administratively. Telephone(952) 249-4600 •Fax (952) 249-4616 www.ci.orono.mn.us � , ; . Apri130, 2012 3645 Crystal Place Page 2 of 2 Finally, to address your safety concerns for your renters, the platform that was started without a permit must be disassembled. Building code requires the French doors to have a code compliant guard rail installed. The property will be inspected on May 3, 2012 for compliance. Additionally, a final inspection should have been scheduled and approved before the home was occupied. Piease call for a final inspection before May 3, 2012. The above information is required in order for the plan review to continue. Please feel free to contact me at 952.249.4620 or by email at cmattson(c�ci.orono.mn.us if you have any questions. Sincerely, CITY OF ORONO \ � rv Christine Mattson Planning Assistant c Lyle Oman, Building Official enclosures � R RECEIVED � MAY 17 2��2 May 15,2o1z CITY OF ORONO Christine Mattson Planning Assistant City of Orono,MN Dear Christine, This letter is being written to acknowledge receipt and to address a few questions from the letter sent to me at my property at 3465 Crystal Place,Orono, MN 55391. I received and read your letter on May 2,2012. For the record, I purchased this abandoned Orono property,on October 4,2011. Since then,we have transformed this single family home from a dilapidated,disgusting property into a beautifui home that delights every Orono neighbor who has witnessed our work. Six months later,I have done my best to renovate this home and the lawn/ landscape and would gladly welcome any positive feedback from the City. I am very proud of what has been accomplished throughout the renovation process at this property. Now, I am down to one minor project- replacing an old curved lawn platform with a new safer and stronger floating platform structure. I ask you to please recall that my carpenter and I came to your office on March 21,2012 and submitted a Pro Deck Construction Plan,designed by the Home Depot building experts. On that day,my intent was to ask Orono for permission to build an attached deck. Clearly I was doing what the City of Orono asks its' residents to do—GET A PERMIT AND GET PERMISSION to build a deck. At that time,you informed me that there would be a$700.00 non- refundable appfication fee for the Orono Planning Commission to review my proposed deck plans,and then they would make their recommendation to the City Council—this Variance Process would take city officials up to two months and you stated that"you didn't want to paint a rosey picture,because this property was already over the allowed 35%hardcover..." You also mentioned that there was a possibility of an additional$2,500.00 engineering fee,associated with the proposed deck footings. So,after reviewing the variance and deck building process required by Orono, I realized this huge expense and time delays did not work for me. Instead, I chose to move forward with another plan-to simply replace the existing unattached platform that had been at this property since the day I first considered buying it. And,though Orono city workers(Lyle) have recently made it clear to me that 1 now need a structural platform permit— originally,there was no reason for me to consider needing a permit at all,since I was simply replacing the existing floating curved platform. Also, I already have a variance resolution for hardcover from 1998,and I was not adding new hardcover or adding new encroachments. Keep in mind that this will be a removable 16'x 9'unattached floating platform structure, being built directly over the present landscape rocks. My new plan was to simply replace an old platform structure with new materials, making it safer and structurally sound,for my new tenants. So,imagine my surprise to return from an out-of-town funeral,only to be informed by my construction workers that this platform project had been red flagged by Lyle and The City of Orono and that they had been ordered to "stop work." Now I need some clarification of what the definition of"unanimously"and "approved" means to The City of Orono. And I need to know why Orono Administration is telling me that I have to apply for new 2012 zoning guidelines,when I already have a 1998 Hardcover Variance"unanimously approved"and grandfathered into this property. I am also not clear as to why The City of Orono thinks I am asking for increased hardcover or why Orono wants to question me about encroaching on my neighbors rights. All my neighbors have applauded my efforts to improve this property, and there is only a trail across Crystal Place—not a residence. So,1 am confused about why Orono is asking me to re-apply for"Resolution"on a hardcover matter and also get a new survey that already was approved and resolved in 1998. In fact,we have improved on hardcover ratios by removing the existing 12'x 16' cracked-up cement hardcover slab on the southeast side of the home,allowed in the 1998 variance. This results in 192 square foot less hardcover,than when 1 originally purchased this property,last fall. So, how is this not a positive with regard to reducing hardcover percentages from the"approved"variance of 48.6%in 1998? . in your letter to me,you state in the first paragraph,back in 1998,the property was approved and granted "o variance... hardcover was meosured at 48.6%where 35%is ollowed." In the four page 'copy of Reso/ution No. 4133", I bring special attention to page 2, number 4.,where it states "The City Council finds thar the conditions existing on this property are peculiar to it and do not app/y generally to other property in this zoning district;that granting the variances wou/d noi adverse/y affect traffic conditions,light,air nor pose a fire hazard or other danger to neighboring property,•would not merely serve as a convenience to the applicant but is necessary to a/leviate a demonstrated hardship or difficulty;is necessary to preserve a substantia/property right of the applicant;and wou/d be in keeping with the spirit and intent of the Zoning Code and Comprehensive P/an of the City." On October 3, 2011, I stood at the administrative desk,where Orono Administrative workers reviewed with me personally,this Resolution and survey information prior to my purchasing this property. After reviewing this approved 1998 Resolution,originally submitted to The City of Orono(by Stephanie Kroeger), it was clear to me then and clear to me now,that the Orono Planning Commission voted unanimously on July 20, 1998,to recommend to the Orono City Councif-a variance for additional hardcover for my property. This is good news to me,because it clearly states that the total hardcover for mv propertv at 3465 Crvstal Place, has alreadv been approved bv the CitV of Orono back in 1998, "to ollow 48.6%hardcover within the 500-1000'lakeshore setback zone where onlv 35% hardcover is allowed." You stated in your letter to me that Orono did not have record of this existing pfatform—no pictures. Yet,upon visiting my property,or driving by,all city workers from Orono could clearly see my workers and I having lunch on the front portion of the existing curved platform,almost daily. All workers witnessed Orono's City trucks driving by my property,often. On March 26,2012 one Orono worker decided to not only drive by my property several times, but a City worker got out of his City truck and walked up my driveway only to turn around and walk back to his truck. Not once did he knock on my door or identify why he was at 3465 Crystal Place. If The City of Orono chose not to take pictures or videos of my property on the days that they showed up,then what can I do about that? I just want to complete this renovation project, by building a new floating platform that adds greater curb appeal to the neighborhood. After many hours of research at the library, looking at the City of Orono website and also at the State of Minnesota building site, I have become even more aware of the process. Since there was a greater"approved"hardcover percentage,prior to us removing a 12'x 16'cement slab, I did not foresee any issues with my platform plan. But now,this work stoppage order has caused additional stress,wasted time,and good building materials are being ruined-at my expense. The head of your inspection department, Lyle,stood right next to the new platform foundation and personally witnessed that we are not adding hardcover,simply building directly over the existing landscape rocks and bushes. He even commented we are doing a wonderful job with the property. Yet,he red tagged my project and threatened to call Orono Police on my workers—if they continued replacing the old curved platform. This reaction was completely surprising to my workers, but we have stopped building as he ordered. My primary goal is to successfully complete this well-planned platform project. Since purchasing this property,I have overseen every aspect of this process and I am delighted with the outcome. There is only one remaining project,the plan to replace the existing curved platform structure with a new rectangular platform,which will enhance the north side of this property. This plan will meld new plants and shrubs with a rectangular 16'x 9' platform that is less than 30 inches high,and has no railings. Please let me know as soon as possible how and when I can move forward with this final project. T�k you for your ti, e with this matter. 1 Ren Laleman (� i a- ��Ib- v5�> �.� : — � �;; ,;.�E: ,�' s 1 , � •�' h , . � : 1 � � , ,+� � . � � � 1 €' " � . , �, �� ' . � I 5 L � z � �.� ,� � o o � � '� ( � 4 ��'�' ,i- � �� .�= �T� '• E m Q �♦.'`7`' -� . +►7 �:i"� "t — s:r.0 f!�A U R:2Cf.�tI770.S �ai U O 4 _ �y��•�.� � �� .... . � «a` �.i kt y'Y� ,_e __ ` i � � � �� . 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