HomeMy WebLinkAboutcorrespondence, notes, etc on condition of property, work to be done, etc /
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AGREFI�IE 'IT �
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TNIS AG�CF��1F�!T, r�ad�� ��nd �ntered intc� on this �C- day
�f ���� , 1979, b�� and het�•�een �.RTN11P, G. S!►IFT, of
'��und, �"innes�t�, anci �G��/IYr;E RYR�, nf ��nun�i, h�innQsota. !
, ,
That on this �_�=��'�`� dav �f �����,� , 1979, �
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/1�T�'UR �. �!!IFT, Sin�le, has c�nve��eci t� ;aid ��!PY^,f_ RYR� certain f
r
real nr�n�rtv lncate�i in th� ('n�ant�� of �i�nneoin� State of �"innesota , :
desc ri bed a� ''n 11 n�rs :
��vernr�c�n�: Lnt 9, Sec';i�n 1�, 7o!•!nshi� 117 flarth, ^anoe 23
'�est ;>f the 5t'� �'rincina] �"ericiian, and .
l.�t :?, Clock 1 , Sha�iy��ood �oi nt,
all nf t!�e al»ve pro�e►-tv heinn suh�ect t� a life estate in favor of
s�id ;1�T1't;l' �. .`;;lIFT. ,
/1s additic�nal cnnsicieration for the transfer of said real .
pr��ertv hv saici ART!'UR G, SI.JIF�T t� said ��JAYNF I?YP.�J, said Dl'AYNE EYRD
a�rees to th� f�llo4�iin�:
1 . (1�:!/1YNE �YRfI s��all insuiate the h�us� on Deerin� Island and
+�i 11 ren�i r �r i nstal 1 storm ��i ndo��s , al l i n a sati sfac��r��
r�anner, an�i further �di 11 renai r or rehui 1 d a se�tic svstem
and w911 install a ne��r �urnac� and �eatina svstert adectuate
i�� the iucic-rient of a h�atinn contract�r to sufficiently �
!�eat th� slid h��te. �+�A�r�F ('>YR�1 �z�rees that all the Pxnense �
�f �'�e afnr�m:�nti�ned ���ill �?e a� his s�le ex�ense and that
he �-:i 11 sa�rc� ��nd hol d I��rraless l�RTN(1� �, S[J?FT fr�m �nv '
cl��ir�s for ��ork , ���terials nr lahor us�d in the accomplishment �
� of said ;•��rk, a11 ��f saici ��orl: shayl LP accomolisheci �n or
F�efore the ���_____ `��" ��_,,,����-L`"�`'�' ' 197�'
2� In acldition t� the a`orementi�ne�1, �I,�111'P;F ('YRD, at his .
expense, ar��+ as soon as �ossi hle, �1eathPr permi tti ng,
and at the conveni ence of ARTfaur� r,, Sl!?FT, pai nt the h�me ;
ir�side and �utsidr�, and nake ;uc!� r^pairs to tl�e house as
r�a� he nec�ssarv to nal:e th� h�rne hahitahle b� ARTHUR G,
S':►z FT, an�i �hal l a15o repa�r or re�,l ace the rear steps and
renai r �r r•eplace any pl�ir�hin� anc� electri cal ���iri ng i n
t{.n f?!�l!Sf� 3� �na�� I.n �������ar., to C7nn1�. �.�Z .+.fl ln.��.l l�:i' �C����7
COdP_S. . . . -✓- J • y . �
3. D!��/1Y�lE [�YR� a�r�ees , s� l�nn as /'•,PTHUR G� SI�IFT rer�ains in
�ccupancy of the h�me, tnat he �,�i 1� , ���i thi n an hour of
tele�honin� f�v /1RTliI1R f;, S��IIFT, transport /1RTNUP, G. St!IFT �
from [�c�erin�� Island fi� ��n�� area �•�ithin a ten (1D) mile •
1im�t of th� h�rA�itr� and� r�*urn hin to his homesite as
h� mav re���est, all at t!�e er.nense of �l�1AYfJE f3YR�.
- 1 -
. ' .
4. f):�:'/1Y^JE �Y'',D a�rees tl�at he i,iill assu�e �nd nay all future
heatinq, �leCtricit�, t-ele�h�ne and c�eneral utilitv bills
of /1RTHUR f;, SI�!II"'� so l��n� �is hr� nccupies the hor�e �;n
: �c�erinq Is7anri �znd furthc�r anrees to r�aintain and mot� �
ttie yard on �eeri n� Is 1 and anr! nn l.ot 3.
5, pt!�YttE f�YRD shall �a_y all raal estate taxes due and
nayable in 197� anci th�rc,aftPr on �11 �` said �roperty, ;
includin� �nv unpaid installrients of snecial assessments
pavahle there,-�ith �nd t��ereaftPr. '
This a�reement is a nersonal c�ntract solelv for the hPnefit '
of �RTf!i1R r,, ����It"? anri i s n�t i nt�n-1�� �'�r *hP h�nAfi t nf any nth�r
t�erson. The nhlinati�ns !•eferrc�d t� f���rein shall no* �� cieleaated to
anv other person h�� �I��p,}'t1E RYRD hy reasnn of asslntl�t�tl'� �r �t��ertvisP.
ARTHI)R G. SL�!IFT shall r�tain a liPn on thP interest af said
D!dAYIdF �Y�D i n sai d rea 1 ��ronert�� .conve�ie�i h�� sa i�i A{?T1111R G. S1dI�T to
Dl�;AY�JF RYRD to :ecure p�r'fOt'�1dCiC� t�,y n',.lAv��r r.y��, ��f the ohl i nati ons
herein assuned hy him under this a�re�r�ent,
This ac�i,e�r,ent sh��l l f,ecc��� null and v�i�i on the deatf} of �
� ARTHUR G, S!'IFT.
II; ���ITi�FSS ►�!�'ERC�F, the �arties have nxPcuted this aqreeeient
, on thA dav and vear first a!sove c�iven. `
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T��F fnl"''_'c�oinca in�tr��nAnt �:�as ac�:nrn�iFdc�ee+ hefore me this
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OLSON, NELSON Fd NAGEL
ATTORNEYS AT LAW
30 EAST SECOND STREET
P.O.BOX 682
LElAND A.OLSON LITCHFIELD, MINNESOTl� 55355
WENDELL NELSON TELEPHONE 693-3289
THOMAS D.NAGEL AREA CODE 6I2
February 13 , 1981
Mr . Howard De Smidt
Route l, Box 117 �
Cologne , Minnesota 55322
Re : Byrd - Swift Transaction
Dear Mr . De Smidt :
Enclosed is a copy of my letter to tiJayne E . Byrd.
You have never indicated to this office whether or not the
use of a chemical or electrical toilet is an acceptable
alternative. I notice from the file that Mr . Nelson asked
you the same question. I must have some advice on that
point , since I expect that Byrd will be calling or �ariting
to me, and asking if that is acceptable to us .
Will u please give me some answer to that question.
Ve ruly y rs
�
THOMSA D. N GEL
OLSON, NEL ON, NAGEL & DRANGE
TDN/slh
Enclosure �
�c� �a�c�
D �- ,
OCT I 4 l983 '
ciTY oF oRo�a .
. t �,.
CITY of ORONO
Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
�
� - • � On the North Shore of Lake Minnetonka
December 4 , 1984
Spencer G. Kluegel Law Firm
Woodhill Plaza, Suite 145
14525 Highway 7
Minnetonka, MN 55343
Attn : Diane M. Carlson
Re : Deering Island Inspection
Dear Ms . Carlson:
On September 25, 1984 our inspection was conducted which
revealed the following:
l. Ceiling water damage - possibly could fall in living
room.
2. Ceiling lights don't work - using extention cords with
light adaptors.
3 . Registers have no covers.
4 . Front door landing steps rotten.
5 . Guardrail at rear door.
6 . Seal up hold after chimney is removed.
7 . Basic cleaning. -
8 . Replace sink (kitchen) improper venting.
9 . Insulate in attic - 3 1/2" maximum, must add.
10 . Ventilation - blocked when insulation was put in.
11 . Electrical problems throughout.
12. Smoke detectors must be installed at bedroom and hall.
Basement:
l . Wood stove must be removed.
2 . Needs insulation and to seal holes on rim joist .
3. Remove plastic mi lk cartons, newspapers, boxes of junk
an combustible debris (wood).
4 . Dirt basement floor.
5 . Electrical is bad.
6 . Plumbing - waste pipe has no slope to it.
7 . Plumbing waste cleanout needed at exit of house.
8 . Remove fuel from tank.
9 . Styro insulation must be covered with sheet rock.
10 . Multi plug adaptor used for permanent wiring.
11 . 30" Clearance around furnance.
12 . Clearance to electrical box.
13 . Guardrail on basement steps.
Bl'ILI)I.tiG&l.U:�I�G -- d73-7357 � :�U.�1IVISTRATIOti& FI\ANCI•: - �173-7358 � NIBLIC ti'(�RhS - 473-7359
�SS!{SSL`'G
Deering Island Inspection
December 4 , 1984
Page 2 of 2
Outside :
1 . Clear brush away from house.
2 . Hole where service went into basement.
This letter is being written to inform you that corrective
action is required to bring this structure into conformance with
the City codes. Since the code inforced by this department is
minimum in nature, full compliance will insure at least a minimum
degree of safety. Failure to make such installations can result
in conditions that may be dangerous to the life, health and
safety of the occupant. The sole purpose of the codes and
inspections is to eliminate every dangerous condition.
This office will cooperate with you to every extent
possible. If there is some reason why you cannot comply, please
feel free to contact me at my office.
Sincerely,
� �
,-��'�'�-�1 ' ' t
Thomas Jacobs,
Building Official
cc: Jeanne A. Mabusth, Zoning Administrator
Michael P. Gaffron, Assistant Zoning Administrator
Howard DeSmidt
Daniel J. Boivin, Attorney at Law
2
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OLSON. NELSON Fa NAGEL
A'T-I�ORNEYS A'T' lAW
30 E.1ST SLCONU SlR[t'T
' P.O.BOX 682
LE1.,�1ND A.C�1.50N
LITCHFIELD. MINNESOTA 55355
WENDELL NFLSON TEIEPHONE 693-3289
THOMAS D.NAGEL ,1REA CODE 6�2
February 25 , 1981 � � � � � v �
D --�
0 CT I 419� !
L�
Mr . jaayne E . Byrd CITY OF OR4NQ �
1266 Shorewood Lane
Mound, Minnesota 55364
Re : Byrd - Swift Transaction
Dear Mr . Byrd:
I have your letter of February 23 , 1981 advising that the
construction of the new septic system for Mr . Swift has been
comp leted.
We had the premises inspected today, (February 24th) and we
find that the construction is complete and in order .
There is one problem. The toilet does not work. P'Ir. l�oward
DeSmidt , who inspected the prer,lises , says that water appears
to be plumbed to the toilet, but that there is no water
running into the toilet. He searched around and tried to
find a valve that perhaps was inadvertently shut off , but he
could not find one.
I am utterly dismayed that after you had made the effort and
incurred the expense to have a man out there , and installed
a septic system, that you would allow him to leave the
premises and not have the toilet working.
I attemnted to call your home after learning this from Mr.
DeSmidt , but did not get an answer . I recall that you
advised you were going to Arizona, but that someone would be
at your home to respond to these problems .
Perhaps the problem with the toilet was totaliy inadvertent
or an oversight by your plumbing and septic man. ti��hatever ,
it does nothing ro give any peace of mind to Mr . Swif_t or
Mr . Howard DeSmidt , and it does a �reat deal to try my
patience.
/--- , �.-- , _ --
;
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. � S
Mr. Wayne E . Byrd
February 25 , 1981
Page 2
In the name of all that' s fair, this matter must be concluded.
Very truly yours ,
/B/ Thomr�-= n Na�P�
THOMAS D. NAGEL�
OLSON, NELSON, NAGEL & DRANGE _ � -
/,�, ', '
TDN/slh
cc: Mr . Howard DeSmidt
Route 1, Box 117 ' '
Cologne , Minnesota 55322
�
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��T��'� `� CITY f
.� �: o ORONO
' ``�,',� �" � , ,, Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
�:r;
� R On the North Shore of Lake Minnetonka
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• - � e� :
.Tune 13 , 19 8 3
Mr . Wayne Byrd
P . 0. Box 955
Carefree Arizona 85377
�. . �..
Re: Deering Island - ecord Lot #7
Dear Mr . Byrd:
This is to advise you that we have received your application
for a principal residence conditional use permit for this
property. We have begun the review and will contact you
again before the application is forwarded for action by the
Planning Commission and City Council .
You stated that the septic system was repaired in 1982 . We
have no record of a permit as required for such work and you
didn' t specify what may have been done. We do know the
system was discharging to the surface in June of 1982 and
that Mr . Swift was not even using the toilet at that time .
We will have to be sure this problem is satisfactorily cor-
rected before the conditional use permit is considered.
Perhaps you can supply more information to us .
Also, you do not indicate whether or not a telephone is
existing on the island. This is important for emergency
communication. Please advise .
S incer,,ely
A j
/�, �/
�A 3�n P . O 1 s o n
City Planner
APO: jl
BUILDING& "LONING-473-7357 • ADMINISTRATION&FINANCE-473-7358 • PUBLIC WORKS -473-7359
ASSESSI?�G
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µ`f,,-�} J s- �*i }'ost Uffice �3ox 66•Crystal Bay, Minnesota 55323•Municiplil Offices
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F-..,,.; ..�.,, :: ,_.- f Lake Minnetonka
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. ORDINAIvCE N0. 246 APPLICATION FOR CONDITIOtiAL USE PERPSIT (& VARIANCE) ��
SECTION 34. 363(a) : TO AUTHORIZE PRZNCIPAL DWELLING USE: meaning any home or
cabin that is used or occupied for 181 days or more in any one year; or any
dwelling regardless of the duration of use if you wish to claim a Minnesota
"principal residence" homestead ta� credit. If the property is not homestead,
and if your total annual usage is less than 180 days (6 months) , then your use
is allowed by the ordinance and you do not have to apply for this soecial permit.
Note that even if you use the property a few days every month, it is the total
number of days that count, not how these days might be spread throughout the year.
PLEASE NOTE. The following information is requested to prepare the permit accur-
ately and to speed up the review as much as possible. Please attach other infor-
mation or explanations which might be helpful, especially a site plan or lot
survey and a sketch of your septic system. You might also be asked to supply
other information during the course of the review.
Application Date g 3 (before July, 1, 1983) . Record Lot No.
Fee Owner(s) Name (,JA`� /v�- 6 � �.� Telephone Numbers �O'�Z ��� ��?L
Mailing �� � � � C..����'��� F�Z� 3 �i�land
Address Island
Applicant's Name (if different) and Telephone
Mail Address
Brief statement as to why this permit should be approved: �%-f"`pr^-".�
�..�, .��----�4--- ` �l y � - 'L`�� •.��
$ � ;��,, � %�ti�--�-�o
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1. Ownership is by: Fee (Deed) � :Contract for Deed : Other
2. Date Property was Purchased: � 9 7 9 Is deed/contract recorded? ��Ye� No
3. Approx. Property Size: ft. wide X ft. deep; or , � acres.
4. Is this your only residence? yes no. If not, what is the address
o�.
of your other residence(s)? �iC,l� � ����� O� �Q�''r`�^ � �. '`-^^
�.
S. Have you filed for a "Homestead" property tax credit on this property Yes �No
If yes, what is the first year you so filed?
OliESTIOtiS CONTItiUE ON BACK
BUILDI'�G&ZOtiI'�G -- 473-7357 • AUttl�'15TRA7'101& FI�AtiCE — 473•7358 • PC'BLIC WORKS —473-7359
4ti.SFS.CI\'(:
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ORDINAI�CE N0. 246 RECORD LOT N0.
APPLICATION FOR PRINCIPAL DWELLING CONDITION9L USE PERMIT PAGE -2-
6. Have you filed for a "Homestead" credit on any other Minnesota property? Yes No
If so where?
7. How many persons reside here as their principal residence (on the average)?�_.
8. How many days per year is the property occupied? (a)�Continuously all year; or
(b) Part of each year from about to totalling days; or
(c) Off and on throughout the year, totalling days (give example of dates
used last year) :
9. kfiat buildings are on the property besides the dwelling? /� � �' �
10. 1?welling was built when (approx. year)?I�-��was added onto in what year (s)?
l � � 'J-�� and was last remodeled in what year?
11. Approx. dwelling size (floor area) is: ft. X ft. ; or� (9Q sq. ft. ;
it has how many bedrooms? ��and can sleep up to �_persons.
12. Dwelling construction is frame (wood) �\ ; or what other material?
(a) A permanent foundation is required. What exists now? basement � : crawl
space : open floor with piers ; other
(b) k'hat is type and amount of insulation in: walls; ?
ceiling/roof: /2 '� _
(c) A permanent heating system is required. What exists now?
hot air furnance � space heater(s) wood stove(s)
other
(d) Fire retardent roo i g will be required for new work. What exist now?
asphalt shingles � untreated wood : treated wood
other
13. Plumbing and Septic systems will be required by or before Jan. 1, 1983. What
exists now?
(a) No. of tQilets 1 : bathroom sinks � : tub or shower 1
kitchen sink � : other
(b) No. of septic tank� (s) ' and size in gallons and
(c) Amount of drainf ield: No. of lines ; length
total Sq. footage
(d) L�t^ i� of Septic tanks/drainfield on lot (direction from house) :
Kr�
(e) Date of septic system ins al ti /last rep ir
and name of contractor �
14. What type of domesti�,water supply is available? (a) lake pump gpm
(b) well: depth ($ ''j ft. ; casing diam. inches: flow rate gpm:
pump type: elec. ; gasoline other:
year drilied by (contractor's name)
n, �n cr �nrTTTrTTTF (ln? ne�F � �
y
ORDINANCE N0. 246 RECORD LOT N0.
,� APPLICATION FOR PRINCIPAL DWELLING CONDITIONAL USE PERMIT PAGE -3-
15. Basic fire/life protection will be required by Jan. 1 , 1985. What er.ists
now and how many? Smoke detector(s) � S Portable fire extinguisher(s)
size lAlOBC or larger : other
16. What additional fire Pxtinguishing equipment is available now (some type is
, required by Jan. 1, 1988)?
, (a) Automatic sprinkler system
i
! (b) Hoseline connected to well �_� or to lake pump
I� (c) Alarm system
(d) Other
j 17. Is your house visible from the lake? Yes No : Could a 4-wheel
' drive emergency vehicle reach your house f m�the lake? Yes�No
� �
�
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� 18. Do you have an intrusion alarm system? DO NOT ?u�1SWER HERE. If you have one,
� please notify Orono Police (473-7710) of the particulars, including type and
key holder names. Any audible alarm must be of the self-resetting type. Also
consider Operation ID marking of valuables, security locking, lighting and
i other such measures.
; 19. How do you dispose of garbage and other wastes (burying or burning is
� prohibited) :
�
i
� I hereby apply for this Conditional Use Permit under the terms and conditions of
' Ordinance No. 246. I understand that in granting the permit the City Council may
establish reasonable conditions or timetables for making improvements related to
health and safety matters; that the final permit if granted will be in resolution
form, wi11 require my signature, and will be recorded in the chain of title of my
property; and that there will be no fee charged for this application if made before
July 1, 1983. ��
Owner's Signature Date �
Applicant's Signature Date
,...-- .,.--.:_ ���..
;�,:; ;:_�,` :.i: .
;_.�^ ' �� .
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TO: Walter R. Benson & Big Island Files
FROM: Alan P . Olson, City Planner
DATE: August 3, 1983
SUBJECT: Site Inspection of Big Island & Deering Island
Tom Jacobs, Mike Gaffron and I toured the islands on the
morning of August 3 , 1983 .
Veteran ' s Camp: We met with camp manager Mark Peterson and
toured th� whole property . The camp was fully operating with
about 70 campers plus staff. Generally everything looked very
neat and much improved over past visits . Later in that day
they were to be visited by about 60 legislative , veteran ' s
affairs and regional park people . We did not become involved
in that meeting.
l . Dock license : 3 docks in place and used for camp
boats and transient boats totalling about 6-8 slips .
" Also near Point Charming was another dock with 2
large power boats obviously stored for an extended
period of time (I understand the cabin located there
is occupied by one couple every year for almost the
whole summer) .
2 . Beer license : No beer is being sold at the camp and
there was no evidence of any on the property .
3 . Cigarette license: Some sales of cigarettes are '
on-going. Peterson said the license application
was being held until he got an insurance certificate
for workman' s comp . He was told that sales were
illegal until he had a license approved.
4 . Dumps : The one dump on the hill has been removed
and the area cleaned up satisfactorily. The dump �
near the lakeshore hasn ' t been touched - it is still
in place as it has been: since before 1976 . (It also
hasn ' t be�n used for at least that long) . Peterson
inquired about getting a permit to bury this dump
and was told absolutely not, that it must be dug up
and hauled off the island like the other one . He
said he needed time . He was told that there had been
too many broken promises including one by Jerry
Donlin that the dump would be gone before the camp
opened for the 1983 season. Last word is that it
was to be cleaned up by labor day.
' Big Island & Deering Island Inspection
August 3 , 1983
Page 2
5 . Garbage: Al1 garbage is collected and barged to a large
dumpster the camp maintains at Excelsior docks.
6 . Junk: Much, much junk has been removed from the island
with minor amounts remaining, including at least one old
truck body near the caretaker ' s house.
7o Old Buildings: Most have been cleared of junk . Only the
dormitory was boarded up, and that had been broken-into .
The smaller buildings remain open and hazardous .
8 . Dormitory renovation : Peterson said that they were planning
on "fixing-up" the old dormitory this fall for rental purposes
next year . He was advised not to touch the building
(except to board it up) until he submitted plans and received
appropriate building permits . Further , he was advised that
makinq the building conform to current codes would mean
many changes, probably including 1) frost footings ; 2) new
bedroom windows; 3) new exits and stairs; 4) fire separations
fire doors and fire protection systems ; 5) new wiring;
6) new plumbing and septic systems .
9. Cabins: All cabins are supplied with smoke detectors, with
fire extinquishers available every third cabin.
10 . Dining Hall : We discussed minimum fire code improvements
including 1) marking of exits ; 2) clearing and opening of
two exits on the north side; 3) provision of at least
2-20# fire extinguishers; 4) fire separation of combustible
storage rooms .
11 . Fuel Tank: Removal �or code-approved filling� of unused
qasoline tank required.
12 . Fish Houses : Upon leaving the camp we discovered about
8-10 or more nearly identical fish houses stored near the
caretaker' s cabin . We don' t know what this means .
Wayzata Yacht Club: We were told by Wayzata Yacht Club that they
no longer used th�ir big island property and therefore they did
not apply for a license this year . They said they couldn ' t meet
our code reauirements for toilets, etc . Well , the cove "formerly"
used by them is plastered with brand new "�ayzata Yacht Club" and
"Private Beach" siqns, the picnic table is painted and the activity
there is very much as it always has been. We will be contacting
them for an explanation .
• .
Big Island & Deering Island Inspection
August 3 , 1983
Page 3
Remaining Biq Island: The cabins look very good and clean.
Absolutely no evidence of dumping or any other activity like that.
We did find one new sauna built right on the shore without
permits and one or two new decks or stairs which we will follow
up .
Deering Island: Inspected the house with Art Swift . He still
complains that the owner Wayne Byrd is not providing code
improvements as required in his sale to Byrd. We found
1) a "septic tank" installed last year by a Mound resident
without permits , non-conforming and non-functioning. Swift
still carries his bodily wastes out of the house by hand and
deposits them on his garden. 2) Plumbing work done without
permit and not to code , includinq an exterior above-ground
line to the new " septic tank" . 3) A new electric furnace
installed without permits - no contractor ' s name �� evidence .
4) No change in plumbing or wiring hazards . We will follow
through to correct, or issue tags if necessary.
SPENCER G. KLUEGEL
ATTORNEY AT LAW
WOODHILL PLAZA
14525 HWY. 7
TELEPHONE
MINNETONKA, MN 55343 612-935-0717
���� V �
D �
�
November 1, 1983 NnV - 2 ��
CITY OF ORa���
Jean Mabusth
P.O. Box 66
Crystal Bay, MN 55323
RE: Deerings Island
Dear Ms. Mabusth:
In our recent telephone conversation, I identified myself as the
attorney for Arthur Swift who lives on Deerings Island. When Arthur
Swift sold the island Dwayne Byrd, he reserved for himself a life estate
interest in the property. The legal effect of Arthur Swift's life
estate is that he has the right to full and exclusive possession of the
island until he dies.
Dwayne Byrd and Arthur Swift entered into an agreement, a copy of which
I have enclosed. In the agreement, Dwayne Byrd assumed the
responsibility to repair and maintain the property in compliance with
local building codes.
In the second to the last paragraph, Arthur Swift was given a lien on
the property "to secure performance by Dwayne Byrd of the
obligations. . .assumed by him under. . .the agreement." In my opinion, the
lien rights of Arthur Swift constitute an equitable mortgage which may
be foreclosed if Dwayne Byrd defaults in the terms of the agreement. An
equitable mortgage is not the usual type of mortgage with which most
people are familiar. Foreclosure is much more complicated and takes a
great deal longer. It is, nevertheless, the intention of my client to
commence that mortgage foreclosure proceeding. Hopefully, the mortgage
foreclosure will force Dwayne Byrd to live up to his agreement and make
the necessary improvements and repairs to bring the property up to city
code.
Jean Mabusth
November l, 1983
Page 2
I will be looking for your letter setting forth all of the items that
must be done to bring the property in compliance with your code. I will
need this letter before I can commence my mortgage foreclosure action.
Thank you for your patience in pressing your claims. I will keep you
posted regarding progress of the mortgage foreclosure action. In the
meantime, if you have any questions or comments, please do not hesitate
to call me.
Very ruly yours,
i�/f. '� /
� Spencer G. Kluegel
SGK/sz
SPENCER G. KLUEGEL
ATTORNEY AT LAW
WOODHILL PLAZA
14525 HWY. 7
TELEPHONE
MINNETONKA. MN 553�3 612-935-0717
t.,.,.�>-�-�"'��,� ,.;°,, ,(� _�;
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January 24, 1984 �', j
.`�, ' JI1N 2 � 1984 ` .;i�
� '�� �
�
Jean Mabusth "'��
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
RE: Deerings Island
Dear Ms. Mabusth:
We are anxious to get our mortgage foreclosure proceedings started but,
cannot do so until we receive your letter in response to my letter of
November l, 1983 (copy enclosed) .
Please send me your letters setting forth all of the items that must be
done to bring the property in compliance with Orono's code.
If you are having a problem with this request, please give me a cal.l.
Very ly yours,
�G'i��
pencer G. Kluegel
SGK/sz
Enclosure
� �.
� - CITY of ORONO
.� Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
� On the North Shore of Lake Minnetonka
s - e �r `
January 30 , 1984
Spencer G. Kluegel
Woodhill Plaza
14525 Highway #7
Minnetonka, Minnesota 55343
Re : Deering Island
Dear Mr. Kluegel :
We apologize for the delay in forwarding the list of items required
to bring the subject property into compliance with Orono ' s code .
This information is forthcoming and should be in your hands within
a week.
Thank you for your patience.
Sincerely,
�� �-
� �.�� .
Michael P. Gaf ron
Assistant Zoning Administrator
BGILL)ING& "1.UNING - d73-7357 • AUM11'ISTRATIOti& FINANCE — 473-7358 • PUBLIC K'OKKS - 473-7359
,�SSESSI�'G
. � �, .
� ��� I Y f N
C T o ORO O
� I'ost Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
a On the North Shore of Lake Minnetonka
• - s E �.
February 8 , 1984
Mr. Spencer G. Kluegel , Attorney
Woodhill Plaza
14525 Highway 7
Minnetonka , MN 55343
Dear Mr . Kluegel :
Re : Deering Island - Code Compliance
On November 8 , 1983 , Orono Building Official , Thomas Jacobs , and I met
with Mr. Howard DeSmidt and made an inspection of the residence on
Deering Island inhabited by Art Swift and owned by Wayne Byrd.
Although Orono does not ha�ve a specific housing ordinance, certain
sections of the Building and Zoning Codes are enforceable in this
situation. The following items must be rectified to bring the
residence into compliance :
A. Septic System
Work was done on the septic system without a permit, by an
unlicensed contractor, without submitted or approved proposal ,
and upon the after-the- fact inspection, the work done was found to
not even minimally meet code standards. This system is
considered non-conforming per the On-Site Code [Ordinance 210 ,
Section 22 . 10 , Subdivision 2 . 1 (k) ] and must be replaced by a fully
conforming system as per Section 22 . 30, Subdivision 3 . 3 .
Applicable code sections are attached. A partial listing of the
discrepancies of the existing system appear below:
- Septic tank/drainfield location within 15 ' of well
( 50 ' minimum required )
- Septic tank/drainfield location less than the required 75 '
from lakeshore
- Septic tank is improper material, improper design, lacking
inspection/cleanout ports
- Sewer piping leaves house at ground surface, no protection
from freezing .
- Drainfi.eld appears to outlet into ditch heading toward lake
Hl.'ll_UI�'�;& Z(1N11'(; - 473•7357 • AU�11\'ISTKA'TIUN& f11A�CE --073-7358 • Pl'BUC H'UKKS - 473-7359
,1SSf:S51�'G
, �! � ,
Mr. Spencer G. Kluegel, Attorney
Page 2
In addition to these gross violations , the mere fact that Mr. Swift
refuses to discharge toilet waste into the system because of the
proximity to his well, constitutes a health hazard because Mr. Swift
hand carries his waste to the garden.
As an aside, please note that the first recent inspection made of
Deering Island by Orono City staff was on June 21 , 1982 . In Thomas D.
Nagel ' s letter of February 24 , 1981 to Wayne Byrd, he mentions that they
"had the system inspected" on February 24 , 1981 and found everything in
order. Please be advised that this "inspection" was not performed by
any representative or employee of the City of Orono, which has Building
and Zcning Code jurisdiction over Deering Island .
B. Plumbing
l . The functional condition of the toilet serving the residence is
suspect. It is black with rust and scale and does not look like it
has been used in years . The toilet must be brought to a functional
conciition per UBC/SBC 1205 (b) and MHD 120 (b) , ( f ) , (g) , (h ) , (i ) ,
(t ) , and (w) .
2 . A cleanout must be installed in the house sewer line (which
apparently was recently revamped without a permit ) where it bends
to leave ths house [MHD 125 (b) 1 ] .
C. Mechanical
l . New furnace installed without permit. Combustion air not
provided to furnace. SBC 7722 ( 2 ) a .
2 . Woodstove improperly installed - unlabeled - SBC 8402 .
3 . Improper installation of chimney for wood stove - SBC 7403 . Class
A reauired .
D. Health Hazard
Rodent problem - junk (milkcartons & debris ) in basement. Health
and fire hazard . UFC 11 . 201 (b) and 82 . 050 (b) . Orono Municipal
Code Section 82 . 030 (b) .
E. Electrical
Defective electrical wiring. Orono Municipal Code Section
82 . 050 (d ) .
Please contact Tom Jacobs or me at 473-7357 , if you have any questions .
Sincer _ly, j
��`,, `-- ' ,/ /J 1_. I� /'
�% / ' �
�" .
Michael P. Gaff,ron
Assistant Zoning Administrator
Enclosure
cc Jeanne A. Mabusth , Zoning Administrator
Tom Jacobs , I3uildinq Official
Deering Is] anc? F� ] e ✓
� � �� CITY of OR�NO
- ��
Post Office Box 66•Crystal Bay,Minnesota 55323•Municipal Offices
� On the North Shore of Lake Minnetonka
• - • •
May 21, 1984
Mr. Wayne Byrd
P.O. Box 955
Carefree, Arizona 85377
Re : Deering Island Property
Dear Mr. Byrd:
This letter is to update you on the status of your Deering Island
property.
In reviewing the conditional use permit application you filed at the
City ' s request in June, 1983, it came to our attention that repairs or
replacement of the septic system had been done without a permit. We
contacted Mr. C. J. Swank of Mound who appeared in our office and
explained what work he had done on the system. He had installed a
modified "275 gallon fuel oil tank" to be used as a septic tank, which
does not meet code requirements. He also located it within 15 ' of the
well which is not up to code.
An inspection of all Orono island lakeshore properties was made by
former City Planner Alan Olson, Building Official Tom Jacobs, and
myself on August 3, 1983. On Deering Island, we noted four items
relating to the residence which appeared to be violations, including
the illegally ins�alled septic system, plumbing done without permits
inside the house and not to code, a new electric furnace installed
without permits, and existing uncorrected plumbing and wiring hazards.
My memo to Alan Olson dated August 4 , 1983, elaborates on the septic
system issue.
During the fall of 1983 , we were asked by Mr. Spencer Kluegel, attorney
for Art Swift, to provide a list of code violations which we would require
to be corrected. Subsequently, Tom Jacobs and I made a site inspection
in the company of Mr . Swift and Mr. Howard DeSmidt on November 8 , 1983.
On February 8 , 1984 , we sent a letter to Mr. Kluegel outlining the code
violations we had the authority to require corrected. A copy of that
letter is attached.
BUILUING&ZONING - 473-7357 • ADM(NISTRATION&FINANCE-473-7358 • PUBLIC WORKS -473•7359
ASSESSIN G
Mr. Wayne Byrd
May 21, 1984
Page 2
This letter and the copy of the February 8, 1984 letter to Kluegel
serve as notice that the items in violation must be corrected in
order to bring the residence into compliance with Orono codes. Please
contact me if you have further questions.
Sincerely,
�
Michael P. Gaff '
Assistant Zoning Administrator
cc: Spencer Kluegel
Art Swift
Howard De Smidt
Thomas J. Jacobs, Building Official
Jeanne A. Mabusth, Zoning Administrator
Attachments
SPENCER G. KLUEGEL LAW FIRM
ATTORNEYS WOODHILL PLAZA TELEPHONE
SPENCER G. KLUEGEL 14525 HWY. 7
612-935-0717
DIANE M. CARLSON MINNETONKA,MN 5534b 612-935-6730
LEGAL ASSISTANT
SHARON NELSON
September 19, 1984
Howard DeSmidt
12830 County Road 41
Cologne, MN 55322
Thomas Jacobs
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Daniel J. Boivin
Attorney at Law
1616 Park Avenue
Minneapolis, MN 55404
Gentlemen:
This is to confirm our appointment at Martin and Sons Marina on
September 25, 1984 at 9:30 A.M. At that time, we will go on a boat to
Deering Island. The four of us will make a survey of the island for
purposes of ascertaining all the repair work which needs to be done on
the island in order to meet the city's standards.
I will be looking forward to meeting all of you at that time.
Very truly yours,
������ 1
�
Diane M. Carlson
DMC/sz
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C ITY of ORONO
Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
•
� - • � On the North Shore of Lake Minnetonka
December 4 , 1984
Spencer G. Kluegel Law Firm
Woodhill Plaza, Suite 145
14525 Highway 7
Minnetonka, MN 55343
Attn : Diane M. Carlson
Re : Deering Island Inspection
Dear Ms . Carlson:
On September 25 , 1984 our inspection was conducted which
revealed the following:
1. Ceiling water damage - possibly could fall in living
room.
2. Ceiling lights don't work - using extention cords with
light adaptors.
3 . Registers have no covers.
4 . Front door landing steps rotten.
5 . Guardrail at rear door.
6 . Seal up hold after chimney is removed .
7 . Basic cleaning.
8 . Replace sink (kitchen) improper venting.
9 . Insulate in attic - 3 1/2" maximum, must add.
10 . Ventilation - blocked when insulation was put in.
11 . Electrical problems throughout.
12. Smoke detectors must be installed at bedroom and hall.
Basement:
l . Wood stove must be removed.
2 . Needs insulation and to seal holes on rim joist.
3. Remove plastic milk cartons, newspapers, boxes of junk
an combustible debris (wood).
4 . Dirt basement floor.
5 . Electrical is bad.
6 . Plumbing - waste pipe has no slope to it.
7 . Plumbing waste cleanout needed at exit of house.
8 . Remove fuel from tank.
9 . Styro insulation must be covered with sheet rock.
10 . Multi plug adaptor used for permanent wiring.
11 . 30" Clearance around furnance.
12 . Clearance to electrical box.
13 . Guardrail on basement steps.
Bl'ILDI.tiG& l.UVItiG - 473-7357 • :�U.�tl\ISTRATIOV& I�Iti:�tiCf�: -- -i73-7358 � NIBLIC k'��RKS - d73-7359
�SSl�:SSIVG
,
Deering Island Inspection
December 4 , 1984
Page 2 of 2
Outside :
l . Clear brush away from house.
2 . Hole where service went into basement.
This letter is being written to inform you that corrective
action is required to bring this structure into conformance with
the City codes. Since the code inforced by this department is
minimum in nature, full compliance will insure at least a minimum
degree of safety. Failure to make such installations can result
in conditions that may be dangerous to the life, health and
safety of the occupant. The sole purpose of the codes and
inspections is to eliminate every dangerous condition.
This office will cooperate with you to every extent
possible. If there is some reason why you cannot comply, please
feel free to contact me at my office.
Sincerely,
__� �
����G�'1tit.t�.�� i, t
Thomas Jacobs,
Building Official
cc: Jeanne A. Mabusth, Zoning Administrator
Michael P. Gaffron, Assistant Zoning Administrator
Howard DeSmidt
Daniel J. Boivin, Attorney at Law
2
CITY of O�ONO
Post Office Box 66•Crystal Bay,Minnesota 55323•Municipal Offices
� 4,., On the North Shore of Lake Minnetonka
August 29, 1985
Paul A. Scherber
3900 Walden Road
Wayzata, MN 55391
Re: Proposed Deering Island Residence
Dear Mr. Scherber:
Your proposal to construct a residence on Deering Island has been
reviewed by City staff for conformity with the RS Seasonal
Recreational Zoning District performance standards and regulations.
The following points were taken into consideration in the review
process:
1. There is an existing sing3.e family residence on the property
in extremely poor condition. This structure was occupied until
recently by Mr. Art Swift who holds a life estate in the island.
Mr. Swift iived in this structure year-round although a
conditional use permit for use as a principal dwelling was never �
finalized.
2. You have revised your application such that the proposed new
house contains oniy one kitchen, and you have eliminated the
second upstairs bathroom (which had implied a multi-famiiy ar
clubhouse type of use for the property). The structure as re-
vised appears to function as a single family dweiling.
3. Deering Island was granted conforming record lot status on
January 1, 1983 per Ordinance No. 246. Construction and use of a
"one family detached dwelling used for seasonal recreational use
not exceeding 180 days per year°' is a permitted use per 10.31,
Subdivision 2 (A).
4. You have stated that the intended purpose of this structure
is to be a seasonal singl� family dwelZing and is not to be
constructed at this time as a multi-famil.y recreational area.
5. Our review of the lot indicated that the island may actual.ly
be somewhat less than 5 acres in area. On August 29, 1985, your
surveyor, Mark Gronberg, calculated the area of the island at 4.1
acres based on the Hennepin County plat maps. Our aerial photos
with plat map overlay show that it may be even slightly smaller.
BUILDING&7.ONING—473-7357 • ADMINISTRATION dc FINANCE—473-7358 • PUE3LIC WORKS—473-7359
ASSESSING
Paul A. Scherber
Deering Island
August 29 , 1985
Page 2
The conforming lot status conferred in 1983 may have been based
on erroneous information. Since this property would Iikely have
been granted an autnmatic lot area variance if it was known it
was under 5 acres, you would still be allowed �o construct the
seasonal dwelling that is proposed.
6. You are advised that because the lot area appears to be less
than 5 acres, any future request for some type of multi-family
use will likely require a lot area variance.
7. Any future proposed use which is not listed in the zoning
code as a permitted use but is listed as a conditional use will
require a conditional use permit.
8. Any proposed future uses which do not fall strictly within
the uses listed in the code will likely require a zoning code
amendment, and the passage of such an amendment is not
guaranteed.
Based on items 1 through 8 above, a permit to construct a single
family seasonal recreational dwelling will be granted, with the
following conditions:
l. The existing residence shall be removed, the septic tanks
filled in, and the existing well properly abandoned or
rejuvenated for immediate continued use by a licensed water well
contractor; aIl the above to be completed prior to final in-
spection of the new construction.
2. Because removal of the existing house and filling of the
basement excavation will likely require the use of heavy equip-
ment within the 0-75' lakeshore setback area, the builder shall
provide suitable sedimentation control measures to eiiminate any
sediments from entering the lake.
3. A conditional use permit is required for an excavation,
f i 1 1 , temporary f i 1 I storage, or temporary or permanent "road"
access grading within 75' of the Iakeshore. In addition, erosion
barriers must be placed wherever there is potential for sedimen-
tation into the lake.
4. Dock structures and use fal.ls uncler the jurisdiction of
the Lake Minnetonka Conservation District and thP property owner
is advised to obtain such approvals as may be necessary from the
LMCD.
A copy of this letter must be signed by the property owner and
builder prior to issuance of the building permit.
Paul A. Scherber
Deering Island
August 29, 1985
Page 3
Pl.ease contact the Building & Zoning Department staff if you have
any questions.
Sincerely,
����--� � `^ ' ' ' �` ��
Michaei P. Gaffron, anne A. Mabusth,
Assistant Zoning Administrator Zoning Administrator
The undersigned property owner/builder acknowledges receipt of
this letter and agrees to the conditions noted herein.
Signature Date
Signature Date
To: Kathleen Blatz , City Attorney
From: Michaei P. Gaffron, Assistant Zoning Administrator
Date: September 19 , 1985
Subject: Paul Scherber/Deering Island Building Permit Request
The attached ietter was sent to Paul Scherber and to Doug
Klint, his attorney who is apparently acting as builder of a
proposed residence on Big Isiand. The purpose of the ietter is
to document the City's position regarding the proposed structure,
and to place the owner and builder on notice of some unusual
circumstances which may affect their intended use of the
property.
Please call me if you have questions.
.
CITY of O�ONO
Post Office Box 66•Crystal Bay,Minnesota 55323•Municipal Offices
On the North Shore of Lake Minnetorcka
September 27 , 1985
Dougias Kiint
3545 Ivy Place
Wayzata, MN 55391
Re: Deering Isiand Project
Dear Mr. Klint:
I am in receipt of information you dropped off regarding Deering
Island, i.e. the tax statement indicating the parcei is 6.50 acres; a
copy of the original plat and a copy of an outdated plat map.
For the record, in Orono, dry buildable iot area is caiculated as
area above the normal ordinary high water (NOHW) elevation, 929.4' MSL
for Lake Minnetonka. The NOHW has been established based on the fact
that the lake ievel is fairly stable due to control by the Grays Bay
Dam. Whiie Deering Isl.and may at one time have been 6.5 acres in
area, it Iikely is not now, as I indicated to you previously. Lake
fluctuations and erosion have apparentiy taken their toil.
The documents you have provided are interesting; but from a
zoning standpoint are not pertinent to your current building permit
appiication. The original plat and oId plat map indicate past
conditions, not present conditions, and the tax statement has no Iegal
status in the zoning code as a device to document the lot area.
Please feel free to contact me if you have further questions or
comments .
Sincerely,
��� ��� ,�; �
r��� . v
Michael P. Ga�'�ron,
Assistant Zoning Administrator
cc: Jeanne A. Mabusth, Zoning Administrator
Mark E. Bernhardson, City Administrator
Kathleen Blatz, City Attorney
AUILDING&ZOIVING—473-7357 • ADMINISTRA'fION&FINANCE—473-7358 • PUBLIC WORKS—473-7359
ASSESS[N G
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;� "��� � � Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
► � � �� 1``
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�� "� On the North Shore of Lake Minnetonka
�T�, ,�e���a��R�
�t:� ..>._��
July 21, 1986
Paul Scherber
3900 Walden Road
Wayzata, MN 55391
Dear Mr. Scherber:
On July 14, 1986, at a pretrail conference, your attorney,
Tom Sheran, advised the City of Orono's attorneys that you had
agreed to remove the recently upgraded dock on the south shore of
Deering Island at the time your contractor was permitted to
complete final stages of construction on your residential dock on
the north shore.
Mr. Sheran was advised that a permit would be issued
immediately to your contractor. As of this writing, your
contractor has failed to come into the City office to obtain the
necessary permit. The City is in receipt of all necessary
application information, submitted by Doug Klint, in addition,
to a check for $25.00 that has not been processed by the City
because the actual fee if $25.50.
At that same meeting, the City also requested that you copy
the City of Orono the letter to be sent to the LMCD confirming
that there will be no commercial use of your residential docks.
Please contact my office at your earliest convenience if you
have any questions on the above or if any of the statements noted
above are not correct.
S' cerely,
� �
Jeanne A. Mabusth,
Zoning Administrator
JAM/tln
BUILDING& "LONING— 473-7357 • ADMINISTRATION&FINANCE—473-7358 • PUBLIC WORKS —473-7359
ASSESSIN G
t9r . Paul �cherber
- Page 2
�epteml�er 12 , 19ti6
- Dockage ;
- Tree removal in the 8-75;
- Burning permits;
i
- Filling and grading in the �-75 ; ;
- Any hardcover in the 0-75;
i
I
- Hardcover structures in the 0-75. �
f
i
It should �be reiterated that any use other than that �
permitted under existing zoning ordinances will be considered a �
violation of City Ordinance and will be referred to the City �
Attorney for appropriate legal action. Specifically, utilization �
of the island as a privilege of inembership in the Excelsior Bay ;
Yacht Club or the Commadore Club would constitute a violation of ;
our Zoning Code. It is our present understanding, on an informal
basis, that the is land continues to be offered to members of the �
Commodore Club. If true , this would constitute a violation of '
Orono's zoning laws. �
Please contact either Tom Barrett, the acting City Attorney, �
or myself , as soon as possible in order to resolve this issue. ;
S ' nce e y
,
a k rdson -
Ci y Administrator
MEB/dh
cc : Jeanne Mabusth , Zoning Administrator
Tom Jacobs, Building Inspector
John Gerhardson, Public Works Coordinator
Michael Gaffron, Assistant Zoning Administrator
Frank Mixa, Lake Minnetonka Conservation District
Tom Barrett, City Attorney
Kathleen Biatz, City Attorney
Mayor and Council
Tom Sheran
Douglas Klint
CIT�' of OIE�Ol�TO
Yost Office f3ox fi6•Crystal Bay, Minnesota 55323•Municipal Offices
On tke North Shore of Lake Minneton.ka
March 3 , 1987
C�RTIFIED MAIL
Mr. Paul Scherber
39P10 Walden Road
Wayzata, MN 55391
Subject : Deering Island Usage and Activity
Attachment: A. Orono Letter Dated 9/12/86 - Deering Island
Usage and Activity
Dear Mr . Scherber :
Subsequent to Attachment A being sent to you last fall ,
Douglas Klint appeared in my office and indicated that you were
no longer pursuing any development yourself on Deering Island and
that there was the possibility that you would be leasing the
property to Pat Parameter who would be looking to possibily
develop some form of not-for-profit club to utilize the island.
It was indicated by Mr. Klint at that time that Mr. Parameter
would be getting in contact with the City in the suceeding week
or two. To date we have heard nothing from Mr. Parameter
regarding any development.
Recently we have again seen a copy of your literature for the
Excelsior Bay Yacht Club which still lists Deering Island as one
of the amenities that go with the membership. While this is
probably a carryover from your initial printing, we would feel it
appropriate that as you currently do not have any permitted uses
of the Island apart from the existing single family residential
use, it would be appropriate that such reference be deleted.
It has additionally been brought to our attention that a new
primary electrical service will be constructed by NSP once the
ice is out this winter. Given the relatively high cost of such
an installation (approximately $10,0�a) it is trusted that you as
the owner fully understands that such a substantial investment
can only be utilized by uses allowed under the City code.
Finally it should be brought to your attention that the Lake
Minnetonka Conservation District has made an amendment in their
dock ordinance which may be pertinent to any usage you may have
BUILDING&ZONING—473-7357 • ADMINISTRATION&FINANCE—473-7358 • PUBLIC WORKS—473-7359
ASSESSING
Mr . Paul Scherber
Paye 2
r�arch 3 , 1987
for the island. It is recommended that you contact them to see
what, if any, application that may have to either the present use
or possibly proposed future application. As noted in Attachment
A the City will enforce any violation of its City ordinance.
Specifically in light of your latest literature unless you can
provide documentation to the contrary regarding the fact that
Deering Island continues to be offered to members of the
Commodore Club the City will be reviewing appropriate enforcement
action in relationship to that.
Sincerel
� �
� ^1
�
��)`�1. � ;�:�r�� C�,�C, �'Y� — _.
\ ` �
Ma k Bern rdson
City Administrator
MEB/dh
cc : Jeanne Mabusth , Zoning Administrator
Tom Jacobs , Building Inspector
John Gerhardson, Public Works Coordinator
P�lichael Gaffron, Assistant Zoning Administrator
Frank Mixa , �ake Minnetonka Conservation District
JoEllen Hurr, Orono Representative LMCD
Tom Barrett , City Attorney
Kathleen Blatz, City Attorney
Mayor and City Council
Tom Sheran ,
Douglas Klint �
i
;
3587. 7
TO: File
FROM: Mark Bernhardson, City Administrator �\l��`�
�
DATE: March 4 , 1987
SUBJECT: Deering Island/Phone Conversation Paul Scherber - I�sarch
4 , 1987
At approximately 2:35 P.M. on Wednedsay, March 4, 1987 I received
a call from an individual who identified himself as Paul
Scherber. He indicated that he had received my certified letter
in the mail that day and just wanted to call and clairfy a few
items .
The first items he indicated was that the assumption made in the
letter, that being the information regarding Deering Island in
the brochure was old information, was in fact correct. He
indicated they had initially printed 10,g00 borchures and that
they had continued to use those despite the fact that Deering
Island was no longer going to be part of inembership. I requested
that he send us an udpated copy of their new advertising material
to indicated that it had now been deleted. �
Regarding the extension of electrical service he had indicated
that he had restructured the membership of the Club two or three
months ago and that Deering Island was no longer a part of the
"package". He indicated that he was going to be utilizing
Deering Island for his own private summertime use and so that the
City should have no concerns about that. I requested that in
addition to sending me the updated brochure information that he
confirm this information to me in a letter. This he indicated he
would do.
cc : Tom Barrett , City Attorney
Kathleen Blatz, City Attorney
Jeanne Mabusth , Zoning Administrator
Deering Island File
John Gerhardson, Public Works Coordinator
Tom Jacobs , Building Inspector
Michael Gaffron, Assistant Planning & Zoning Administrator
���
� �
Northern States Power Company
414 Nicoltet Mall
Minneapolis,Minnesota 55401
Telephone(612)330-5500
March 10 , 1987
� r: n �
Minnesota Department of Natural Resources � � � �987 � `
Bureau of Land ``V,
Box 30
500 Lafayette Road
St. Paul , Minnesota 55146
Re: Lake Minnetonka
Underwater 15 KV Electrical Crossing
Deering Island
Enclosed is an application for crossing of Lake Minnetonka from
the mainland to Deering Island, as indicated on the attached
drawings .
Our intent is to dredge a trench in the lake bottom, lay the
cable in the trench and replace the material excavated in the
trench. No excess material should result from this procedure.
Enclosed is a check for $190 . 00 made payable to the State
Treasurer for the crossing and covers the application fee of
$100 . 00 , plus the 50-year license for a distribution crossing
less than 10 ' wide and 620 ' long.
Please issue a permit for this crossing. If there are any
questions , call me at 330-5510 .
��-���-�y�- -
E H Schentzel
Administrator
Regulatory Liaison
sw
cc: Minnehaha Creek Watershed District
Attention: Julie Johnson
545 Indian Mound Boulevard
Wayzata, Minnesota 55391
City of Orono
City of Mound
�
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� STATE OF MINNESOTA � Norther?i $tates Power �o.
�--- S+iem;r m owd.up�,c•re DEPARTMENT OF NATURAL RESOURCES ,qpp,,u�t
- APPLICATION FOR LiCENSE 414 Nicollet Mall
PART B-1 . � A�c''°`:
TO CROSS PUBLiC WATERS . _Minneapolis , MN 55401
The applicant herein appiies pursuant to M.S. 84.415, M.S. 1Q5 and othcr applicable statutes Sor a license to cross the PUBLIC WATER(5)
o'scribed below, in accordance with all maps, plans, specifications and other supporting data submitted with this epptication and made a
part hereof.
I. CROSSING(S1: ❑ Orer Ware� � Underwater and understood to be subject to inspeaion tees and monitoring
fees.
.
I1. UTILITY: - .
Communication ❑ Telephone ❑ Telegrapfi Other (specify)
F�e���� ❑ T�ansmiuion � Distribution Specify voltaoe or ratin �5KV -
9�
_ Pipeline _ _ ❑ Gases_ _ ❑ Liquids ❑ Solids in suspension Specify diameter
II1. LICENSE OPTIONS: � 50 Yesr ❑ 25 Year .
__ NOTE: The UTILITY CROSSING FEE will be calculaud from the information hereon with reference to the established
- RATE TABLES. ALL OF THF COLUMNS BELOW MUST BE COMPLETED FULLY. _ .
�IV. DESCRIPTION: Number consecutively and descibe fully each water�crossing�pplied for. .
� Gov't. Lot, Frac.Sect.
NO• or other Subdivision ���o^ Twp, Range County Wattr Name Under or Length Dis:urb.
Over of y�r,dth
Water �rossing
Lake
NE 1/4 of the SW 1 4 18 117 23 Henn\pin Minnetonka Under 642' 4'
.. n
IMPORTANT NOTE: Attach a separate plan and cross-section sheei for each wster erossing.
(PART B-7 Cont.) ''�
__-:�_.. V. APPLICATION FEE: ❑�FS?t)p attached.
_::��- NO ACTION WILL 8E TAKEN ON THIS APPLiCA710N UNTIL THE FEE IS SUBMITTED.
NOTE: Application fees are not refundabie,even if the application is withdrawn or denied. (
VI. ENVIRONMENTAL PROTECTION:
Have the appliqnt's daign snd construction personnel read the Depanment of Nsturel
Resources Rules and Regulations NR 5102? � Ya ❑ No
VIt. ENVIROfVMENTAL CRITERIA: •
• � Part B•2 has been completed and is attached: Ii not,explain when Part B•2 will be submitted.
NO ACTION WILI BE TAKEN ON THIS APPLICATION tNITHOUT SUBMITTAL OF PART B-2.
Applicant deClarts that iniormation submitted herewith and statements msde herein are a true and correct representation of the facts,
and that the filing o/this application and information with the Commissioner of Natural Resources is prima facie evidence of the correctness
thereof. .
VI11. Underwater crossing(s) only - IX. ACKNOWLEDGEMENT:
THE COMPLETE APPLICATION HAS BEEN SUBMITTED TO: 6th March
Orono MN. Dated this d�y ot �g 87
(�) Mound,� MN.
N.me ot acy or townsn;p AppliCant E H Schentzel
(2� Minnehaha Creek Watershed District (P���l or type name)
N�rtx of Weter�heC O�strict $igned by
� - � Pret�oent
(3) Shoreland Managemtnt Administrator � -
Signed by E H Schentzel
of Hennepin ��
_._ County 414 Nicollet Mall
Address
Minneapolis, Mn 55401
^State of Minnesota ) • AFFIDAVIT
Hennepin � �
County of ) (Delete the affidavit form not applipble)
6th March
On this • day oi , 19 87 , �fore me personally appeared
—� H S�hQntzPl. Administrator Re�ulator Liaison ,,,,ho being first duly sworn and to me known to be the
person_ who executed the foregoing application, acknowledge that the statemenu, maps,plans,d�cuments,and other supportinp
data are true and correct according to his �n knowledge and bel�ef and that he executed the same as
his �,�,n fre�e sct and deed. �
E�irtrt;
and , rsonally known,
who being each by me duly sworn,did say that they are respeaively the resident and the
Secretary pf the corporation named in the foreooing instrum e seal affixed is the corporate seal of sa;d corporation, that
said irrstrument was signed in behalf ration by authority oi its F3oard of pirectors, that the statements, maps, plans,
documents, and �ng data are tiue and correct according to__�st knowleoge and belief,and acknowledged
•M.i,r_.:'JJ./��.�J.n/�/J�V���l.M/�,�•.1^✓�,�n n.,�nn w
( ;r` r . LJE�t:: �':. i!`��;.QY � .
���3`..��'; P=�C:T:,�,Y PUEII�"-�,i!.:NE�nTA "
` �` H��`"`f�i" ���`:,;,` Notary Public Hennepin
� County
. ;:.,� Cc^���ission Exr•�`c;QcL 16, 1£R;; �
� .
b ;,,,,. ,,,�,�v�n�nn�vw`�.v:^.:ti^.vrn�,�,-t October 16 I�0 88
. My commission expires
X. APPLICATION PROCESSING:
-�::� Submit application,application tee,maps,plans,specifications and other supporting data to:
BUREAU OF LAND
DEPARTMENT OF NATURA�L RESOURCES
Centennial Office Buildirtp
St Paul, Minntsota S�v155
- 8�.;�. 5. 3
10/�4 .
STATE OF MINNESOTA Lben,e/
DEPARTMENT OF NATURAL RESOURCES '
_ Submirin pwdrup/�qre APPLICATION FOR LICENSE Northern States Power Co.
�� � TO CROSS PUBUC WATERS '4pP+�^'
PART B•2 414 Nicollet Mall
ENVIRONMENTAL CRITERIA Aoo►eA
Minneapolis , MN 55401
For multiple crossings, index following statemenu by plscing the corresp�nding crossing number(s)from PART B-1 behind eacfi stetement
about the possing to which you are referting.
1. Ii Lakebed crossing(s) is applied for,explain why such aossing(s) wnnot be avoided. �
This new crossing will replace an existing overhead crossing to Deering Island. The
� existing overhead now crosses private property on the main-land, on which customer
now is going to build new residence. The existing overhead now crosses directly
over the proposed new residence.
I{. Were any alternate uti�ity aliQnments considered whi� coutd have eliminated the water crossing(s)l Are maps showing these
slignments available for our review? •
No. There is no alternate supply to Deering Island. It has to be served from
the existing overhead distribution line or an under-water lake crossing.
II1. Dacribe any existing utility corridor�s) whicti will be utiliZed to help preserve the natural environment by eliminatir� new
water•crossing eorridon.
The proposed new water-crossing will take care of any electrical needs on
Deering Island that should arise.
�
IV. Were public waters with high recreational•use density avoided in the route selection? Does ihe water-crossing(s) applied for
affect high recreational-use watersl What types of use predominate?
: � .
� To the best inf'ormation we have , the proposed route does not have a high
recreational use, and will not affect the recreational use.
V. Are route detieeiions beinp incorporated to avoid aeating undesirable tunnel vistas at the water-crossing sites? (Explain
_ atternate measuros taken.)
_ Not applicable �
, (Continued on rer�erse tideJ
IPART e-2 Cont.) OVERWATER CROSSINGS ONLY . � .Q
:VI. Explain economic, tcchnologicel �nd other tactors which mske underwater placement infeasible. Eco�omic considerrtions
., alone msy not be�onsidered adequste.justificstion for overwater crossmgs.
�
' • -
Vll. The height of the supporting towers or structures on each side of the water crossingisl above the normal water level sre:
VIII. The height to tfie lowest portion of the overwater line(s►from the normal water levef is:
. �
. ;
. �
IX. The pre�test txisting msstt�esd he�ght above the waterline of commercial or recreational vessels using the waten is:
X. The greatest potential masthead height above the waterline of commercial or recreational vessels whicfi may use the waters in
the future is:
Xl. Is the use of vegetation to eliminate or minimize viewing of supporting towers or struaures planned? (Explsin �Item�te
measures taken.)
UNDERWATER CROSSINGS ONLY
- - - Xlt. Trout wateR designated by the Commissioner of Natura! Resources: [� are not involved, ❑ sre involved. If involved,
. explsin how damage to trout habitat will be minimi2ed or eliminated: � '
� - i
. �
(
X111. Steps tsken to minimiZe the width of tfie utiliry trench in the \inity of the water crossinD�s) are: The trenching to be
done on the mainland and the island will be done with one of NSP Ditch Witch trenching
machines, which is approximately a 5" wide trench. The trenching will be approximately
36" to 42" deep and will stop before the edge of the water where a dredge will be utilized �
to e ' • , . �
XIV. (Pipeline only) In the event of pipeline failure or rupture, whai equipment, apparatus,and programs are planned to prevent or
minimize pollution and other detrimental effects (attach plans and specifications where necessary)to the environmentl
XV. (Pipeline onty) Attach specifications for pipe,pipe connections, pipe protective coverin
gs,ett.,o�explain briefly:
Not applicable
� �
. XVI. Construction of water crossing(s1 is planned for the month of (if summer month(s), explsin why winter construaion is
infeasiWe): •
, .--- Construction is planned for the month of April
�ti.�..-.-�.�� I � .
XVII. Construetion methods proposed to prrvent excessive erosion of lake or stream banks are as toliows: (sed�ment basms,traps,
etc.1:
Back fill trench & tamp �
� � PROFI�E
vlEw �Oac«.tc� �oR�N � .
SHoRE�INE oF �
SHADywoop .
� POtt�1T � � - SHCREI.tNE OF
. oEERttvC� IS�ANO.
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NSP UNDERGROUND CABLE TO BE INSTALLED
APPROXIMATELY 1 FOOT UNDER THE LAKEBED.
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Yost Office Box 66•Crystal Bay, Minnesota 5�i323•Ivlunicipal Offices
�_��� ,. .' On the North Shore of Lake Minnetonka
.>
September 12 , 1986
;
Mr . Paul Scherber
39�� Walden Road -
Wayzata, MN 55391
k
�
Subject : Deering Island Usage and Activity �
�
Dear Mr . Scherber : f
!
T�t a meeting between the City Attorney, Tom Barrett and your �
�
leqal representative, Tom Sheran, in Hennepin County District
Court , it was agreed that, in exchange for dismissal of your
lawsuit: f
�
1. You would submit for permit review an agreed to dock ;
design upon which the City could issue a building permit. '
t
2 . You would remove the south dock. f
3. You would submit a formal withdrawal of your conditional ;
use permit for day use activity. �
The City is in receipt of the formal withdrawal of your
conditional use permit, the building permit has been issued for
the dock construction and the south dock has been removed.
It was indicated to the City, when you verbally withdrew
your application, that you would utilize the island as a single
family residence, within the current zoning. It should be noted
that any repair to the house as it exists, would require a
building permit and additionally would require a new septic
system as permitted by the City.
Even for utilization as a single family residence , the
following permits, while not an inclusive listing, may be
required as follows :
- Demolition of structure;
- Repair of existing structure apart from painting and
carpeting;
- Construction of a septic system;
BUlLDING& 'I.ONING-473•7357 • ADMINISTRATION&FINANCE-473-7358 o i
PUB�IC WORKS-473-7359 �
ASSESSING i
z - � �- �'�
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� �CIT'Y of OR�NO
��� ����-: ���.�t�
�� ,
� :,.�-
`p y,� F Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
F r:��a,
'":�'''`` � ` ""' On the North Shore of Lake Minnetonka
,�..'' • �
Y a
March 28 , 1988
Reverend Robert Whitesel
Vineyard of the Lake Church
850 West Wayzata Boulevard
Wayzata, MN 55391
Re: Conditional Use Permit Application, Deering Island
Dear Reverend Whitesel:
We received your incomplete application for a conditional
use permit for day/overnight church camp use on Deering Island,
after 4:30 on Friday March 25, 1988. This submittal did not meet
the 4:30 deadline, and the notice for public hearing publication
for items on the April Planning Commission agenda was already
completed, hence your application will be scheduled for the May
16th Planning Commission agenda if it is completed by noon, April
22 , 1988.
The following application items are missing or incomplete:
l. Application form was not signed. Please sign.
2. Current Hennepin County Tax Records as of 3/28/88 list
Harold E. and Patty H. Farnes and Paul and Marie Scherber as
the property owners. Provide legal evidence of church
ownership.
3. Zoning is RS - Seasonal Recreational District not "SD".
Please revise.
4. Survey provided is not to scale indicated, and does not
correctly indicate the location of existing buildings (the
gazebo does not exist , to our knowledge ) nor does it
indicate how you intend to use the island. Application
"description of request'° also does not indicate in any
detail what you are proposing. Please provide a to-scale
drawing on a survey, showing just what you intend (i.e.,
tent camping location, other facilities, etc.).
BUILDING&ZOIYING—473-7357 • ADMINISTRATION&FINANCE—473-7358 • PUBLIC WORKS—473-7359
ASSESSI[VG
r
Reverend Robert Whitesel
Vineyard of the Lake Church
March 28 , 1988
Page 2 of 2
5. The property contains less than 5.0 acres in actual dry
buildable area, hence it does not meet the minimum lot area
standard for either day or overnight camping uses. Zoning
Code Section 10.31, Subd�_vision 3 (C & D) indicates that
while a variance for lot area might be considered for day-
use, no such variance provision is listed for an overnight
use. Because Section 10.31 lists Deering Island as 6.5
acres, the variance might not be technically necessary,
however, the actual lot area of about 2.65 acres will
certainly be taken into account during the City's review of
the proposed intensity of use.
6. Section 10.31, Subdivision (C & D) lists the standards
and requirements for the day and overnight camping uses.
You must provide a detailed proposal af how you plan to meet
each of the requirements (Code section attached).
7. The day use and overnight camping use is limited to non-
profit organizations. You must clearly demonstrate that the
intended use is not for profit of any individual , group or
corporation. The City Attorney will be requested to review
your documentation.
I am returning your check and incomplete application for
future resubmittal. Your application will be considered complete
when the above items have been fully addressed as requested. If
you have any questions or wish to make an appointment to meet and
discuss your proposal, please contact me or Zoning Administrator
Jeanne Mabusth at 473-7357.
Sincerely
`ii�°'!�'U�:.�.�---� / "�`'^�'�
Michael P. Gaff n,
Asst Planning & Zoning Administrator
MPG/tln
Enclosures - Original incomplete application and surveys
Check - $150 . 00
Zoning Code Section 10.31 (pertinent sections out-
lined in yellow)
cc: Don Shaw, Merrill Lynch Realty
3701 Shoreline Drive, #206
Wayzata, MN 55391