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Home My WebLink Aboutcourt case-2008/2009 s o v �-f'►�b"'c.o'J KENNETH N. POTTS, P.A. 5101 Thimsen Avenue Attorney at Law Suite 200 MINNETONKA, MINNESOTA 55345 TELEPHONE(952)474-4240 TELECOPIER(952)474-0987 April 9, 2009 �� :._,�:,, ,,� ��m��'�� Mr. Patrick Murray y�� ! � 1o�t� Attorney at Law 700 Twelve Oaks Center Drive CITy�F��v� Suite 166 Wa�,�at� Tii?�T C52o1 � - Re: State v. Paul Anthony Bennett Dear Mr. Murray: As you know, this matter was continued until April 28, 2009 so your client could take the necessary steps to come into compliance. I received an e-mail from Lyle Oman on April 7, 2009 indicating that he has not heard from your client. I would appreciate it if you would contact me and advise as to what steps, if any, your client has taken to obtain the necessary approval from the City so that this matter can be resolved short of having a hearing. Sincerely, Kenneth N. Potts KNP/sb , cc: Lyle Oman, City of Orono�'�� ! � O� O O , CITY of ORONO � � � � hlunicipal Of'fices ��t ' �G Street Address: Mailing Address: `4jtEgHOg' 2750 Kelley Parkway P.0 Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 February 1 1, 2009 Megan Bennett 500 Hanlon Avenue Wayzata M'.v »391 • Dear Ms. Bennett: After your visit on Monday I reviewed the 1998 variance file more carefully and concluded that Paul Weinber�er made two errors: • He included the front deck in structural covera�e. This wasn't immediately obvious to me because t made an error in calculating the size of the deck while you were here. But when I rechecked my calculations l found that the house and decks total to 2012.� square feet. [1429.15 s.£ (ori�inal house+ back deck less stairs) plus 480 s.f. (garage addition) plus 103.3� (front deck)]. This is nearly the same as the 201 1.67 square feet in Paul's report. • He miscalculated the size of the two lots by I,000 square feet. See the second page the enclosed copy of Paul's October 15 memorandum to the Planning Commission. The writing was there. These two errors offset each other. Paul calculated your structural covera�e as 14.40 percent, less than the maximum allowed 15 percent Correcting the tw�o errors the structural coveraQe is actually 14.7� percent. No variance was granted or necessary. You will need to include a structural coverage variance as part of your application. However,your visit did benefit your app(ication. [ was interpretinb the code to not allow your second lot to be included �tihen calculatin_ structural coverage since it is separated from the house fot by the improved alley. But since it�vas included�in 1998 it will be included now. You woufd be permitted 1,942 square feet of structural coverage. With the porch you have 1�.54 percent structural. This is a much smaller variance that we originally thought(and in some ways variances are like horseshoes). If you have any questions or difficulty completing your application by Wednesday feel free to contact me. Sincerely, . ` �� Eve�yn Turner City Planner 9�2-249-4623 eturner r ci.orono.mn.us Telephone(952)249-4600 • Fax (952)2�19-4616 www.ci.orono.mn.us TO: Chair Smrth and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE: October 15, 1998 SUBJECT: #2413 Paul and Megan Bennett 500 Hanlon Avenue Variances--Public Hearing Zoning District: RR-1B One Family Rural Residential District (2 Acrej Lot Area: 6,473.5 square feet (.15 acre) Last month the Planning Commission tabled this application to allow the applicant to consider purchasing an adjacent lot before placing an addition to the residence. The applicants have proposed to add a 20' by 24' garage with second floor living space to the existing residence. The home was constructed in 1949 without a garage. The applicants purchased the home in 1996 with the assumption they would be able to construct a garage. This application had required the following variances: 1. Side yard adjacent to street setback requirements. 17' is proposed to Dickenson Street where 50' is required. 2. Side yard setback requirements. 8.9' is proposed where 30' is required. 3. Rear yard setback requirements. 11.9' is proposed where 50' is required. 4. Structural coverage to allow 2,011.67 s.£ (31%) where 1565.27 s.£ (24%) exists and 1,500 s.f. is allowed. In 1991 the City Council adopted Resolution No. 2982 to permit the construction of a deck within required side yard, street yard, and back yard setbacks and to allow 22% lot coverage by structures with the condition that the applicant is advised that future proposals to increase lot coverage by structure on this property will not be looked upon favorably by the Council. In 1996 the previous property owners expressed interest in purchasing the vacant lot across the allay from �00 Hanlon Avenue for the possibility of constructing a garage in the future. The vacant lot was owned in common with the applicant's lot, but went tax forfeit a number of years ago, and is only for sale to adjacent property owners. When sewer was brought into the area the assessment was split equally between the applicant's � property and the lot across the alley. As a result of going taY forfeit the $3,350 assessment has not been recovered by the City. In 1996 the previous property owners requested the City Council waive any interest or penalties on the assessment and collect only the principle amount of$3,350 on the vacant lot, with the condition that the tax forfeit parcel be legally combined with the 500 Hanlon Avenue parcel. The Council did agree to collect only the principle amount of the sewer assessment, however, the owners did not purchase and join the lot. ; � The Bennetts have contacted Hennepin County regarding purchase of the tax forfeit parcel. They ' i would be able to purchase the lot by placing a bid on the property. The applicant would then ! approach the Council about the outstanding assessments placed on the lot. It would be up to the Council to decide how much to assess the property for. In 1996 the Council waived any penalties against the original assessment and agreed to reassess at $3,350 to be paid at 7% interest over 5 � years. � The applicant has the following options to consider: � A. To proceed with the application as presented last month, not acquiring the tax forfeited lot. i (Please see attached Staff Report) Total Lot Size Total Structural Coverage Percentage � 6,473 s.f. Existing: 1,565.27 s.£ 24% Proposed: 2,011.67 s.£ 31% j B. To acquire the tax forfeited lot to decrease the structure over the entire lot. Total Lot Size Total Structural Coverage Percentage. , 6,473 s.£ Existing: 1,565.27 s.£ 24.0% '— *�5 s.f. Proposed: 2,011.67 s.£ �% a _, Ms� �;i. The lot would conform to allowed lot coverage by structure. This would be subject to the applicant acquiring the lot and legally joining that the tax forfeit parcel with the 500 Hanlon Avenue parcel. Variances from setback requirements would have to be approved by the City Council. 1. Side yard adjacent to street setback requirements. 17' is proposed to Dickenson Street where 50' is required. 2. Side yard setback requirements. 8.9' is proposed where 30' is required. 3. Rear yard setback requirements. 11.9' is proposed where 50' is required. •i STAFF RECOMMENDATION • Staff would recommend approval of variances should the applicant acquire the tax forfeit parcel and legally combine the lot with the 500 Hanlon Avenue parcel, based on the hardship that the lot is undersized for the zoning district and the development proposal would not inconsistent with the devel.opment in the locality. � '� s oo I-I�r�w rJ ��c�� e F�� o b ��9 KENNETH N. POTTS, P.A. 5101 Thimsen Avenue C��'OF�RO Attorney at Law Suite 200 /�/� MINNETONKA, MINNESOTA 55345 TELEPHONE(952)474-4240 TELECOPIER(952)474-0987 February 5, 2009 Mr. Lyle Oman Building Official Citv of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 RE: State v. Paul Anthony Bennett Dear Mr. Oman: Enclosed please find a letter I have written to the attorney for Mr. Bennett in regard to this case. The court approved a continuance until April 28, 2009. Please contact me if this matter should get resolved so that I can have the case removed. Sincerely, Kenneth N. Potts KNP/sb En�l�s�.:re � k KENNETH N. POTTS, P.A. 5101 Thimsen Avenue Attorney at Law Suite 200 MINNETONKA, MINNESOTA 55345 TELEPHONE(952)474-4240 TELECOPIER(952)474-0987 February 5, 2009 Mr. Patrick Murray Attorney at Law 700 Twelve Oaks Center Drive Suite 166 W?V23t2, MN 5539? Re: State v. Paul Anthony Bennett Dear Mr. Murray: As I indicated in my voicemail, this matter has been continued to April 28, 2009 at 2:00 p.m. at the Ridgedale courthouse. I am hopeful this matter can be resolved prior to that time. Sincerely, Kenneth N. Potts KNP/sb cc: Lyle Oman, City of Orono Soc� s�l��r,�.ar� � KENNETH N. POTTS, P.A. 5101 Thimsen Avenue Attorney at Law Suite 200 MINNETONKA, MINNESOTA 55345 TELEPHONE(952)474-4240 TELECOPIER(952)474-0987 December 22, 2008 REc�f�,�� Mr. Lyle Oman DEG' ' Building Official C� � `�ZOQg Crty of Orono OFQ P.O. Box 66 R�NO� Crystal Bay, MN 55323-0066 RE: State v. Paul Anthony Bennett Dear Mr. Oman: Enclosed please find your trial notice indicating that this matter is set on for a court trial on February 3, 2009 at Ridgedale court. I met with Bennett's attorney and he for some reason believes the State statute in place does not require Bennett to obtain a permit from the City prior to their construction project. I enclose the pertinent section of the building code that he has provided to me which is 1300.0120, subp. 1. I would appreciate it if you would review it and get back to me as to whether or not this has any application whatsoever to the City code in Orono. Sincerely, ti- Kenne ' . Po ts KNP/sb Enclosures � ':M• �+,..,. I . "•}': // 130 131 BUILDING CODE 1300.0120 1300.0110 BUILDING CODE Sub 15.Tests. If ihere is insu�cient evidence of compliance with the code,or evi- ersc�nal iiability for any P• dence t}iat a material or method does not conform to the requirements of the code,or in order as a result of any act or by reason of an act or omis- to substantiate claims for altemative materials or methods,the building off`icial shall have the ordinances,is not rendered personally liable and is relieved from p damage accruing to persons or property suit instituted against an officer or employee be- authority to require tests as evidence of compliance to be made at no expense to the munici- sion in ihe discharge of official duties.AnY pality.Test methods shall be as specified in U�e code or by o[her recognized test standards.In cause of an act performa ended by�the legal epresentati e of the unsd�a ot liable for cost the absence of recognized and accepted test methods,the building official shall a rove the under the code shall o�{icial or any subordinate is n testing procedures.Tests shall be performed by an approved agency.Reports of the ests shall termination of the proceedings.The building be retained by the building official. in any action,suit,or proceeding that is instituted in pursuance of the code. Subp. 10.Approved materials and equipment. Materials,equipment,and devices � Statutory Authority:MS s 16B.59;16B.61;16B.64 ''� Histor • approved by the building official shall be constructed and installed in the approved manner ( �— Subp.11.Used material and equipment. The use of used materials that meet the re _ �300.0120 P�RMTi'S, quirements of the code for new materials is permitted.Used equipment and devices shall not ,r b e r e u s e d u n l ess a p proved by the building official. o u t t h e �j' Subpart i.Required. An owner or authorized agent who intends to construct,enlarge, �n, Subp. 12.Modifications. If there aie practical�i�od fications for indi a v i d ual cases ,,.� nstall eenlazge,alter e repau,emo eg c nvert or eplace any gas mech rucal,ele�trical, provisions of the code,che building official may gran � plumbing system,or other equipment,the installation of which is regulated by the code;or upon application by the owner or owner's representative,provided the building official fin s cause any such work to be done,shall first make application to the build'uig official and ob- that special individual reason makes the stric�tf�e code,and the modif cation does notlle s n � tain the required pemut. is in compliance with the intent and purpo ` Subp.2.Annual e ' ' ' • • ' health,life,and fue safety or structura]requirements.The details of action granting mod�fi a teration a y cations shall be recorded and entered in the files of che Department of Building Safety. M cal,gas,mechanical,or plumbing installation,the building official may is- q p � sue an annual pemtit upon application for the peimit to any person,fum,or corporation regu- Subp. 13.Alternative materials,design,and methods of m1tenal or to p ohibit any �� larly employing one or more qualified trade persons in the building, structure,or on the menL The code is not intended to prevent the installation of any premises owned or operated by the applicant for the permit. design or metho een a�nroved. An alternat vellmat nsal,design,tor method ofl onst�ruct on � Subp.3.Annual permit records. The personto whom an annual pernut is issued shall alternative has b pP keep a detailed record of al[erations made under the annual pemvt.The building officiai shall shall b��ps W1��ee�t nt ofin��oa��d at the material,method,or work offered st for �� have access to the rccords at all times or the records shall be filed with the building official as R„ and co p � the purpose intended,at least the equivalent of that prescribed in the code in qnality,Strength � �r�, designated. effecaveness,fue resistance,durability,and safety.The details of any action grant�ng ap � Sub 4. Work exempt from permi� Exemptions from pemut requuements of the proval of an alternate shall be recorded and entered in the files of th�:Depaztment of Buildmg � �,' code do ot authorize work to be done in any manner in violation of the code or any other laws ' � �, or ordinances of this jurisdiction.Permits shall not be required for[he following: Safety. Subp. 14.Performance-based fire and life safety desigtt.'1'he code official may ap 1 �� : A.Building: prove performance–based fire and life safery designs if the co ov�d�l�o anceabased de � �� (1)one–story detached accessory strucmres,used as tool and storage sheds, posed design has been conducted hy an app roved method.App Pe '�, playhouses,and similar uses,provided the floor area does not exceed 120 square feet(11.15 signs are evidence of compliance with the intenf of the code.Approvals under this subpar[�re � subyect to the approval of the building code officiat whenever the design involves matt�r� y` P��+:` mm2�°. �Z�fences not over six fcet(1,829 mm)high; regulated by the building code. � ��`�� : A.Design goals,objectives,and performance criceria shall be approved by t�e fi � ; (3)oil derricks; _ � p t ; (4)retaining wails that are not over four feet(1;219 mm)in height measnred co de o ff i c i a l b e f o r e submission of a performance–based desi re ort,calculahons,or anal . an a roved rformance–base d d e s i s h a l l address the fo➢o�ti�r ,`��.; �`>U�ng las I�IIt orfIII tA liquids,to p of t h e w a l l,u n l e s s s u p p o rt i n g a s u r c h a r ge or im- � ysis results.As a minimum, PP � i;V,, 7 . ing objectives �a{ ,��: (5)water tanks supported direcfly upon grade if the capacity does not exceed (1)li f e s a f e t y of occu pants; ° �^�`. ��100 allons 18,927 L)an d t h e r a ti o o f h e i g h t t o d i a m e t e r o r w i d t h d ce s no t exceed 2 to 1; ��. a �s� $ � (2)firefighter safety; � ��- (6)sidewalks and driveways that are not part of an accessible route; (3)property protection; t+1 ` (7)dec ks an d plat forms not more than30 inches(762 mm)above adjacen[ grade and not attached to a structure with frost footings and which is not part of an accessible (4)continuity of opecations;and �' roufe• (5)safeguarding of the environment. Y � B.To deternune the acceptability of a performance–based design,the code offi�?� �,' (g�Py�nting,papering,tiling,carpeting,cabinets,countertops;and simi]az may require the owner or agent to provi8e,without charge to the jurisdicUon,a techmc l�sk�work; opinion and report.The code official may require flie technical opinion and report��be p�� ;'; (9)temporary motion picriire,television,and theater'stage sets and scenery; of,�,3"]j� 4y. : (10)prefabricated swimming pools installed entirely above ground accesso- pared by,and bear the stamp of,a licensed design professiona]• to dWellin units constntcted tti dhe provisions of the Intemational Residential Code or C.performance–based designs shall be prepared by,and beaz the stamp �� occu censed design professional competent in the area of work.The design professiorial sh�l:P„„ � pangies constructed to the provisions of the Intemational Building Code,which do pt.�reeed both 5,000 gallons in capacity(18,925 L)and a 24–inch(610 mm)depth; vide written confirmation to the code official before a certificate of occupancy is issue�l�'a '!� the performance–based design has been properly implemented,the operau la e°to m'+n� ap S : (11)window awnings supported by an exterior wall that do not project more building is within the limita[ions of the desi and adequate controls are in P �mches(1,372 mm)from the exterior wall and do not require additional support,when �>' compliance with the conditions of the design throughout the life of the build1nS�`'' ''_-, v i �; . NOTICE REGARDING PROSECUTION TO: Lyle Oman FROM: Prosecuting Attorney's Office Kenneth N. Potts Attorney at Law 5101 Thimsen Avenue Suite 200 Minnetonka, MN 55345 952/474-4240 RE: State v. Paul Anthony �3ennett Violation: Work without Building Permit Offense Date: Place: Orono � A court trial has been set in this matter for 2:00 p.m. on 2-3-09 at the courthouse in Ridgedale. Please appear at the time indicated for trial. ❑ A jury trial has been set in this matter for a.m. on at the Hennepin County Government Center in Minneapolis. Please be on call that day for trial on one hour's notice. ❑ Please send me a copy of following in regard to the above case ❑ potice report/citation n {�r;VPr�C li.^.n..P.cn. r�(:l�:'(� u r � � � �; O \\� // � � �� O . 0��..�� '' C ITY of ORONO � � r;�,, ��`� ,,a� ':'�.` - � t� %� Munici al Offices �'�+� , . ,ti' , P �.t \t' ' .�G " Street Address: Mailing Address: `��fEggOg' ' 2750 Kelley Parkway P.O. Boz 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 July 10, 2008 Memo to; Ken Potts Orono City Attorney From; Lyle Oman Orono Building Official � U- Re; Work with out building permit In august of 2007 the city found that there had been a roof added above an existing deck at �00 Hanlon Street in Orono. A check of city records found that there was no building permit issued for the project and that it was in violation of city ordinances. The property owners Paul and Megan Bennett were first notified of the violation on 8-27-2007. Since that time there has been much discussion and correspondence regarding the issue. At this point the Bennetts are refusing to remove the structure or seek approval through the variance process. The city would like you to take legal action to require the roof structure to be removed. Enclosed are the code sections violated and the letters sent between the city and the Bennetts. Please contact me if you have any questions. Thank you. Lyle Oman Telephone(952)249-4600 • Fax(952)2A9-4616 www.ci.orono.mn.us � , � � � O_� '� �� . %�//O O " ` CITY of ORONO , �� r� 1�� 1I. � 11�tJ4 ! l �� 1�7�I ��,'�'i, � ��,�'G �� ,�ti�� Municipal OftSces �V'� '+�I�� im��`� G // �� , ; �,., , ��.��/ Street Address: Mailing Address: \�ESHO�'� 2750 Kelley Parkway P.O. Box 66 \��'_- _" � Orono, MN 55356 Crystal Bay, MN 55323-0066 August 21, 2007 Paul and Megan Bennett 500 Hanlon Ave Orono MN 55391 Re; Work without building permit Dear Mr. and Mrs. Bennett It has come to the attention of this department that you have recently constructed a roof over a deck on the front of your home at 500 Hanlon in the city of ORONO. This roof is considered structural coverage. On October 26th 1998 the city granted you a variance to increase your structural coverage to 31% were 15% is allowed. Unfortunately the roof structure has to be removed. A dead line of September 10 has been established for removal. If this deadline is not met the city will initiate legal action. If you have any questions please feel free to contact me at my office. Sincerely, � <<��_ Lyle Oman ORONO Building Official Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us a . -� � � �, � � �`��. � 0 0` „ !1 �� . ��f�, � �` CITY of ORONO �� ,.� �, �, � � ��'�'i� �' e,r �li' ,�ti,�'� Municipal Offices �� " �'� . ��`.�G;;�� Street Address: Mailing Address: ��' 9�C'EggOg'�� % 2750 Kelley Parkway P.O. Boz 66 - - - Orono, MN 55356 Crystal Bay, MN 55323-0066 September 24 2007 Paul and Megan Bennett 500 Hanlon Ave Orono MN ��391 Re; Work without building permit Dear Mr. and Mrs. Bennett On August 21 2007 the city notified you of a zoning violation on your property. As of this date the violation still exists. If you fail to remove the porch roof by October 151h 2007 the city will forward the matter to the city attorney for prosecution. If you have any questions please feel free to contact me at my office. 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Box 66 Orono, MN 55356 Crystai Bay, MN 55323-0066 November 7 2007 Paul and Megan Bennett 500 Hanlon Ave Orono MN �5391 Re; Work without building permit Dear Mr. and Mrs. Bennett I have reviewed your file and found that since your last lot coverage variance you have purchased the property across the alley from you. This has increased your lot size and it appears that lot coverage is no longer an issue. However the front and side setbacks are an issue. The code requires a 50 foot front setback and a 30 foot side setback. The porch is approximately 40 feet from the front lot line and is approximately 11 feet from the side lot line. Again your options are to apply for a variance to keep the porch or to remove it. A dead line of 11-19-2007 has been established for variance application or removal. If you have any questions or if you have a problem meeting this deadline please feel free to contact me at my office. Sincerely, Lyle Oman ORONO Building Official Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us . � � °� 0 0 � ;,��j�;, ,� C ITY of ORONO �J' � ``� � ti Nlunicipal Offices ti �t9 � ¢.��' Street Address: Mailing Address: �C'EggO 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 November 19 2007 Paul and Megan Bennett �00 Hanlon Ave Orono MN ��391 Re; Vvork without building permit Dear Mr. and Mrs. Bennett Enclosed are the code sections you requested along with the Orono official zoning map that sho�vs your property is in the RR-1 B zoning district. Section 78-420 requires a 50 foot front setback and a 30 foot side setback. The definition of yard, front yard, side yard and structure are also enclosed. Again your options are to apply for a variance to keep the porch or to remove it. Your deadline of 11-19-2007 has been extended to 12-3- 2007 for variance application or removal. If you have any questions or if you have a problem meeting this deadline please feel free to contact me at my office. Sincerely, � � � Lyle Oman ORONO Building Official Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us �� ►�cv�'�ju o vs' �1Gf�� , ��i� ��.� � ;�,r�vt� s , � , �,�y �� , ,� U � ��P �'L� �D�� .,,h l>a� �1�a� `y..'.? �'?� S�i es -� b L� �r�+ �Sr , � �,� .�o �Ua�� J-. P�'t��cm I �s�n�� U��+ �� 5r�t� �aP � -��'� �� as _�f a�� o � � �y� .�� .�°°� o� � �'� �� 1 u�� .�oc� S�oP ��aP �i�o� �rQ . ,�n� -�� s �,9�y h�h6� r��{- a sr►�� S, �, �u,�,�� sa� 1 -) r�U/V� , � � ��5 na� c�o ��'�! U� � �U� ��: 0 0 Z '� I �'�wY)✓�(�d1/ � y �l _o �� ,�n�� +2�- no� 1� t�bl,� J ; �+�� iv' _� .n�� Q►�� Jo �� ,n�u0 a�� .� (JC�Z �6Z /r��l l��D11 ` • - - -_ ,�, � %�� O \. � � � ; O O� �' �� CITY of ORONO "� ,� �`2 �� '�`�'i, � ,��' ��'� ��: � ti% � Municipal Offices �,'� ' , �' �� iu'��a� G~;i ��,,� , .r�,.�� .�,; Street Address: Mailing Address: �\'kESHOg':% 2750 Kelley Parkway P.O. Box 66 ,, ----�— -- �" Orono, MN 55356 Crystal Bay, MN 55323-0066 December 7 2007 Paul and Megan Bennett 500 Hanlon Ave Orono MN 55391 Re; Work without building permit Dear Mr. and Mrs. Bennett The city understands the deck has been on the property for some time. The deck is not the issue. The roof over the deck is an issue. When the roof is removed it will no longer be a porch and the property will be in compliance. The information I sent you is the regulations for your property. Please feel free to contact me if you have further questions. Sincerely, C� �i'�j,'��_ Lyle Oman ORONO Building Official Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us � � _,� . ,�� 7' �� i�' O O\\' ��, ,� �� r ��.. ,� � C ITY of ORONO '�i, � ,�r �?f�� ,�ti� Municipal Offices � ' �' �`��' `w�� G ' " f Street Address: Mailing Address: �� E$HO�'�� 2750 Kelley Parkway P.O. Box 66 -- Orono, MN 55356 Crystal Bay, MN 55323-0066 Apri14, 2008 Paul and Megan Bennett 500 Hanlon Ave Orono MN 55391 Re; Work without building permit Dear Mr. and Mrs. Bennett The city has notified you numerous times that your property is in violation of Orono codes with the addition of a roof over your deck without a building permit. As of this date the violation still exists. It appears you leave the city no alternative but to forward the matter to the city attorney for prosecution. It's a shame to expend tax dollars for this purpose. The city will withhold action until 5-1-2008. If the roof has not been removed or a complete variance application has not been received, the city will proceed with legal action. Please feel free to contact me if you have any questions. Sincerely, C��,�,_ Ly man Orono Building Official Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us ' MURRAY & BENNETT, P.A. Attorneys at Law 700 Twelve Oaks Center Drive, Suite 166 Telephone: (952)249-9707 Wayzata, MN 55391 Facsimile: (952)249-9708 April 23, 2008 I 4��V i,yie Uman ;;�;Y L�j ��C�� Orono Building Official City of Orono �"�` `'��'��,�� - t ,�_ P.O. Box 66 "��•��`�� Crystal Bay, MN 55323 Dear Lyle: I have your latest letter - the sixth - concerning the cover over our front deck. First, you have not notified us numerous times about your current concern: (a) Your August 2l, 2007 letter seemed to raise only a structural coverage issue. Your November 7, 2007, letter acknowledged that structural coverage was not an issue. (b) Your November 7, 2007, letter states that our front deck violates front and side setback regulations. Your December 7, 2007, ]etter acknowledges that the deck is not the issue. (c) Your December 7, 2007, letter states that the roof over the deck is in violation of some regulation. Second, I have asked you in person on at least two occasions and at least once in writing to show me or tell me or send me the regulation that has been violated. The only regulations that you have pointed to are the setback regulations and you acknowledge that the deck does not violate the setback regulations. Third, you continue to threaten legal action. I do not like being threatened. While I do not wish the City to incur any unnecessary legal expense, it is becoming obvious that the City must get a lawyer involved to identify the regulation you claim has been violated. Lyle Oman _ ` April 23, 2008 Page Two Lastly, once the City has identified the problem with our property, we will take the appropriate action to rectify any infraction. May we have your response in writing so we can get this matter resolved. Yours, v' / � ��? d! ��iN��- � / Meg�n Murray Bennett MMB:mmm - O �� , ''� � . � � \� O O ,' �,' ,� r� t,�.� �, C ITY of ORONO �' ,', 'i ��` '�"� ti Municipal Offices � � :_ �. � �� `:�� '� ; " � ' � � �� '��.� Street Address: Mailing Address: `q�fEgHOg' ' 2750 Keiley Parkway P.O. Box 66 = Orono, MN 55356 Crystal Bay, MN 55323-0066 May 2, 2008 Paul and Meban Bennett �00 Hanlon Ave Orono MN 5�391 Re; Work without building permit, setback violations Dear Mr. and Mrs. Bennett Again, the construction of a new roof structure over an existing deck on your property at 500 Hanlon Street in Orono was done with out a building permit as required by Orono Municipal Code section 86-66. The city is divided into different zoning districts by Orono Municipal Code section 78- 161. Your property at 500 Hanlon is in zoning district RR-1B. The boundaries of the zoning districts are established by legal descriptions and map entitled "Official Zoning Map, Orono, Minnesota.". Section 78-162. Orono Municipal code Division 6. RR-1B One Family Residential district establishes zoning standards for the RR-1 B zoning district. Orono Municipal code section 78-420 b states the following minimum setback requirements shall be observed. Front yard 50 feet. Side yard 30 feet. Therefore the roof constructed over your existing deck (not the deck,just the roo� is in violation of city ordinances. Again your choice is to apply to city council for a variance to see you could gain approval to keep it and remove it if approval is not granted or to remove it now. Section 86-36 requires correction of violations. The cities only recourse to gain compliance in these matters is to proceed with legal action and citizen need to be aware of that fact. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us . � Sincerely, :, � � ��.�� Lyle Oman Orono Building Official Enclosures; Orono Municipal code sections 86-66, 78-161 78-162 Division 6 78-420 b 86-36 Official Zoning Map, Orono, Minnesota ♦ %/// O ��\'- � � /�O � ''' C ITY of ORONO ; y, �� '� a � -f�� ;i , ��V'�e ,1� � �r� '� ,�ti„i Municipal Offices �� ` "�� Street Address: Mailing Address: `9�'EgHOg' 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystai Bay, MN 55323-0066 June 24, 2008 Paul and Megan Bennett 500 Hanlon Ave Orono MN 55391 Re; Work without building permit, letter#8 Dear Mr. and Mrs. Bennett The city has been more than patient with you on this matter. A new deadline of July 7, 2008 has been established for submitting a variance application or removing the roof. If this deadline is not met the city will forward the mater to the city attorney for prosecution. 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