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HomeMy WebLinkAboutre: lot line dispute , � �� � U� � � Melanie Curtis From: Melanie Curtis Sent: Saturday, August 16, 2008 8:59 PM To: Dick Kroeger(dickemail@aol.com); Jaye Ann Zullo Qaznic1 @mchsi.com); Jon Schwingler (jonschwing@aol.com); Kim Kang (kimdakang@gmail.com); Michelle Winer (smithsbay@msn.com); Ralph Kempf(ralphkempf@realtor.com); Tess Rice (tessr@minnbankers.com) Cc: Lorens@att.net; Janice (A) Berg Qcbjvbsmb@msn.com); Evelyn M. Turner; Christine Mattson; FrelsDesigns@aol.com Subject: Planning Commission agenda 08-3375 Attachments: lot line resolution.doc Commissioners Attached is a letter from the applicant regarding PC agenda item # 5 (zoning file 08-3375, Mary &Michael Drazan). This letter summarizes a meeting Mary & Michael Drazan had with their neighbors regarding the property line dispute mentioned as Item #1 under Issues for Consideration within my staff report. Please read the attached letter during the meeting and include it in the public record. Thank you, Melanie Melanie Curtis City of Orono Planning &Zoning Coordinator mcurtis@ci.orono.mn.us 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952-249-4627 Planning &Zoning Office 952-249-4620 www.ci.orono.mn.us 1 , Mary and Michael Drazan 3546 Ivy Place Orono, MN 55391 Melanie Curtis, Planning& Zoning Coordinator 2750 Kelley Parkway Orono, MN 55356 August 16, 2008 Melanie; This letter is to summarize the outcome of the meeting at our house yesterday, August 15�'. Let me first start with background. As part of our variance process we had a survey done by Acre Land Surveying through our builder, Charles Cudd. After the markers for our survey were set our neighbors to the north, the Pyles, were concerned because their survey did not match the markers on our shared lot line. To resolve the issue,we requested that our surveyors meet with the Pyle's surveyor, Mark Gronberg. Mr. Gronberg,met with our survey team and John Sonneck from Charles Cudd to determine which line was correct. At that time it was determined that the best survey to use was one from 1977 which had been done by Shoen and Mattson for Aurthur Jewett,the former owner of our property. It was determined as well that further properties to the north were also involved in the lot line issue. To resolve the issue we requested a meeting between the other neighbors to the north, the Pyles,the Dampiers and the Christensens, all surveyors involved, a Charles Cudd representative and ourselves. We were able to come to a resolution with the Pyles and Dampier's last night. Mrs. Christensen was able to attend but Mr. Christensen was out of town. Mrs. Christensen has requested that we meet with her husband when he is back in town Wednesday before she can agree to the proposed resolution. Understandably, Mrs. Christensen could not commit to any resolution without her husband reviewing the data as well. All parties have agreed that the Shoen and Mattson survey from 1977 is the most accurate survey to use for history in determining our property and the subsequent lot lines. We also agreed that the proposed lot lines for the neighbors will be adjusted. Our survey will stand as presented with our variance request. The Pyles and Dampiers are going to have new surveys done. Mr. Gronberg, their surveyor, has agreed to draft the new surveys for his customers from the markers sighted by our surveyors. Christensen's resolution will be determined after the meeting with Mr. Christensen. I have every confidence that the Christensens will also agree to the resolution once Mr. Christensen is able to review the information. All parties have agreed not to make any major or drastic changes to anything on their property lines and that this is the most reasonable resolution. Mr. Gronberg has also offered to call Evelyn Turner at the city to update her on the resolution. Any further questions can be addressed to me,but other than finalizing with the Christensens we are considering this issue complete and not an issue to address with our variance application. Sincerely; Mary F. Drazan CC Charles and Shirley Pyle, 3548 Ivy Place William and Joan Dampier, 3550 Ivy Place Kizzy and Gary Christensen, 3560 Ivy Place John Sonneck, Charles Cudd Company Josh Schneider, Acre Land Surveying Mark Gronberg, Gronberg &Associates Inc. Henry D.Nelson,MFRA, owners of former Shoen and Mattson Melanie Curtis From: FrelsDesigns@aol.com Sent: Saturday, August 16, 2008 10:40 AM Ta: Melanie Curtis Subject: lot line Attachments: lot line resolution.doc Melanie, I am attaching a letter summarizing our meeting last night regarding the lot line issues with the Pyles. Please let me know if anything is unclear or if you think I have missed an issue to address. I will be reviewing the letter with the Pyles and Dampiers to make sure they are comfortable with it as well. Both Christensens are out of town now so I can't review anything with them until next week. I wanted to get you something to review in case you had feedback on something that I missed. Thanksl Mary Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. i . ��5�c� �v�r �(c�� ������ ANDY L. BOND c�. . �Q ATTORNEY AT LAW �`''� �9 '� 8441 WAYZATA BOULEVARD, SUITE 320 �i r�"���� GOLDEN VALLEY, MN 55426-1344 Ty�'�O/� -------- o�� TELEPHONE: (763) 277-2002 FACSIMILE: (763) 277-2018 EMAIL: bmp1c20@aol.com September 3, 2010 Mr. William S. Dampier 3550 Ivy Place Wayzata, MN 55391 Dear Mr. Dampier: Please be advised I represent your next door neighbors, Charles and Shirley Pyle, 3548 Ivy Place, Wayzata, MN 55391. As I'm sure you recall, in 2008 new lot surveys were done on the following lots; Christenson's (owners at the time), Dampiers, Pyles, and Drazans. These nei�hbors met on the evening of August 1 S, 2008 with surveyors Mark Gronberg of Gronberg & Associates, Joshua Schneider of Acre Land Surveying, and John Sonnek of Charles Cudd Co. (the builders to be for the Drazans). The surveyors explained and showed how the adjusted survey had impacted each of the lots. The surveyors then measured off the width of each of the lots to indicate/demonstrate visually the ahange of the new lot lines. All of the lot owners present agreed verbally to this new adjusted survey and the adjusted change in the width of the lots. The Pyle's are concerned that although you acknowledged the adjustment of the lot lines, you have done no�hing to rectify the situation created by the new lot lines. That includes the following: 1. Moving the ground lights off the Pyle's property and restoring any damage done by removing the lights; 2. Removing the apple tree and other plantings located on the property line; 3. 1�lovin; the sprinkler heads and piping off the Pyle's property; 4. Movin� your dog house off the property line. Mr. William S. Dampier September 3, 2010 Page Two You are being asked to accomplish the above within the next thirty (30) days so it will not be necessary to take further action to remedy this situation. Very truly yours, Andy L. Bond Attorney at Law ALB:bb cc: Orono City Planner, P.O. Box 66, Crystal Bay, MN 55323 Mark Gronberg, 445 North Willow Drive, Long Lake, MN 55356 Joshua Schneider, Acre Land Surveying, 9140 Baltimore Street N.E., Suite 100, Blaine, MN 55449 Jim White, Orono Mayor, 3516 Ivy Place, Wayzata, MN 55391 Mr. and Mrs. Charles Pyle, 3548 Ivy Place, Wayzata, MN 55391