HomeMy WebLinkAboutComplaint/code-CUP violation City of Orono
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History Report for: Michael Finken
Address: 2684 Lydiard Ave
ViOlationS: Rental of guest apartment in violation of City Code Section 78-328(2)(b) and
Resolution #3243 dated 3/08/1993.
Number Description of Item
1 Minutes of Planning Commission Meeting held on February 16, 1993
2 Minutes of Council Meeting held on March 8, 1993
3 Resolution #3243 dated March 8, 1993
4 Letter sent to Finken daed March 4, 2013
Edina Realty Listing
Google website search for apartment rental
LiveLovely.com listing showing 1 bd/1 ba; kitchen
Copy of Resolution#3243
5 Email from Curtis to Orono Police Department Sergeant Wittke (4-19-2013)
6 Email from Sergeant Wittke with the Orono PD to Curtis (5-1-2013)
7 Copy of Oronol Police Department Complaint Report(5-11-2013)
8 Certified letter mailed to Finken dated June 11, 2013
9 Email sent to Mattick from Curtis (6-26-2013)
10 Letter received from Finken to Curits dated July 1, 2013
11 Certified letter mailed to Finken dated Au ust 21, 2013
12 Certified letter received from Finken to Curits dated August 27, 2013
13 Email to Mattson from Curtis (11-7-2013)
14 Letter sent to Mattick requesting a formal complaint be prepared, background information attached. Letter
dated November 11, 2013.
15 Complaint Summons received from Campbell Knutson (February 13, 2014)
16 Email from Russell regarding arraingnment (dated 3-19-2014)
17 Letter received from Kelly Law Office dated May 5, 2014
18 Email received from Schwartz regarding arraignment. Pre-trial set for 5-9-2014.
19 Email from Curtis to Schwartz (5-12-2014) 8:55 am and 2:52 pm
20 Letter received from Kelly Law Office dated June 3, 2014
21 Email sent from Curtis to Schwartz (dated 6-3-2014)
22 Eamil sent from Curtis to Schwartz (dated 6-4-2014)
23 Letter sent from Curtis to Kelly dated June 10, 2014
24 Letter received from Kelly dated June 18, 2014 (US mail and fax)
25 Letter received from Kelly dated June 24, 2014
26 Inspection silp dated July 29, 2014
27 Letter from Kelly to Curtis dated July 28, 2014
Z:\Forms\Code Compliance\Violation Tracking Sheets.xls 5/19/2015
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD FEBRUARY ,
ZONING FILE #1803 - CONT.
Mabus suggested that the Planning Commission inciu their
recommen 'on the applicant work with the City eer to assure
Orono standar re upheld and at some time sider steep slopes,
location of matu trees and locatio existing and proposed
development .
Bellows polled the Commi nd all agreed that the roadway
should be extended to norther ost lot line.
It was moved Bellows, seconded by lette, to recommend
approvai of lication #1$03 Woodhill Country b, 200 Woodhili
Road, f preliminary subdivision creating o additional
reside � ai lot , subject to the upgrading of the pri e road
mee g the Engineer' s recommendation for such road, and s ct
t Conditlons #1 through 4 in staff inemo. Ayes 5 , nays 0.
(�4) #179fi PETER W. T. L'ALLIER,
2684 LYDIARD AVENUE -
CONDITIONAL USE PERMIT - PUBLIC HEARING 7 : 10 - 7: 19 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Peter L'Allier was present .
Mabusth stated the former residence ts currently being renovated.
The former detached garage was removed and replaced with a
structure that would sustaln a second story garage attached by a
5 ' skyway. The building permit for the living quarters above the
garage were approved without a kltchen. The condltfonai use permit
( s needed because applicants proposed the installatlon of a
kitchen. Access to the apartment is via the second story of the
principle structure through an open exercise area, with secondary
access through the garage and second story rear access stairs.
L'Allier stated the third access to the apartment is from the rear
through a porch area. He noted the reason for the guest apartment
is to provide a residence for his parents . He said he does not
intend to rent the unit .
Be I I ows fe I t the exter i or ent rance wou I d not meet the i ntent of the
code.
Johnson agreed that if the property were sold, the potential of the
apartment becoming a rental unit is very real .
6
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD FEBRUARY 16, i993
ZONING FILE #1796 - CONT.
Mabusth suggested the same condition as that imposed on Robert
Waade, that being the approval runs with the owner not with the
property.
Cohen said he wouid like the plans redesigned to meet the code ,
that be( ng the entrance through the principie portion of the
residence.
Beilows agreed that for safety sake, they should ailow the second
entrance through the garage, but felt the entrance through the
porch area should be eliminated.
L'Ailier agreed to the removal of the third access .
It was moved by Cohen , seconded by Rowiette, to recommend approvai
of Appiication #1796 for Peter w. T. L'Ailier, 2684 Lydiard Avenue,
approving a conditional use permit for a guest apartment within the
principle residence, conditioned upon the removai of the third
access through the three-season porch, an approving resolution
filed in the chain of title indicating the apartment cannot be used
as a rental unit , and fs issued to current owners and if property
is transferred to a new owner, it shall be the new owner' s
responsibility to obtain a new conditional use permit for the non-
rental apartment or remove the kitchen . Ayes 4, nays 1 . Johnson
voted nay.
Johnson felt the apartment does not mest the intent of the code to
have access through the primary structure by having a second
access.
�5) �1797 TROY ANDERSON, .
1 LONG LAKE BOULEVARD -
VARI - PUBLIC HEARING 7:50 - 8: 10 P.M.
The Affidavi f Publication and Ce icate of Mailing were noted .
Troy Anderson was sent .
Weckman explained t app ant proposes the addition of a second
story over a port of the e ting residence within a substandard
slde yard se k.
Anders noted the condition to upgra the septic if necessary
with he addition.
7
. MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MARCH 8, 1993
ZONING FILE �1792 - CONT.
usth explained the proposed residence meets the DNR' s
req ' rement of a 50' setback and therefore a review is not
neces ry.
Hurr expre ed concern about the need for a hardcover v ance .
Mark Gronberg n ed they have g i ven property for th oad easement ,
and therefore sh id be given consideration f the overage in
hardcover.
Goetten voiced concern at the City just adopted the new
shoreland regulations, an ranting s ack variances would set a
negative precedent .
Mark Gronberg asked that Counc eview each individual lot . He
noted the pond was artificial cre d.
' Jabbour stated the ordin ce was written ith the intent to heip
to purify water enteri g Lake Minnetonka. e felt the applicant
would obtain the des ' ed setback Just by wai ' ng until the water
level of the creek ent down .
Mabusth noted e dam controls the OHW of the pondi tributary.
It was mov by Jabbour, seconded by Hurr, to approve A lication
#1792 Do Id Gronberg , 110 Leaf Street , approving Plan B er the
hardsh ' s stated with the Planning Commission recommendatio and
gran ng setback, hardcover and lot area variances for a new
re ' dence. Ayes 3, nays 2 . Goetten and Mayor Caliahan voted n .
ion carried .
(#6�'��1��9'6�':�+�'T'ER W. T. L'ALLIER,
2684 LYDIARD 'AVENUE -
CONDITIONAL USE PERMIT - RESOLUTION #3243
Mr. L'Allier was present .
Mabusth explained the applicant seeks a conditional use permit for
the instailation of a kitchen within a guest apartment . A permit
has been issued for the construction of all but the kitchen area.
Access to the apartment is via a skyway, an internal stairway and
a safety access through a three-season porch . The Planning ,
Commission has recommended removal of the access stairs from the
three-season porch , however staff has asked Council to consider
alloH�ing the rear access siairs to remain for safety reasons ,
especially due to the fact that the apartment is over the garage
area.
6
. MINUTES OF THE REGULAR ORONO COUNCIL MEETIHG
HELD MARCH 8, 1993
ZONING FILE #1796 — CONT.
Bellows noted the Planning Commission members all felt the stairway
' . should be removed, but she could understand the safety reasons for
ma( ntaining the stairs.
Goetten expressed a major concern with approving this appiication
when in the past they have repeatedly denied any outside access to
guest apartments.
Kelley agreed and noted primary access wili not be through the
principal residence for thls unit .
Bellows suggested the elimination of the internai stairway.
L'Aliier stated that is his only internal access from the principai
residence to the garage. He noted the guest apartment area was
originally designed as an open play area, but the Fire Code
required the installation of the doorways. He noted the stairs off
the deck area were added only for safety reasons and actually
descend to a wooded area to the rear pf the property.
Mayor Callahan asked what is to stop the applicant from screening
under the skyway.
L'Ailier noted that is his only access to the rear yard.
Mayor Callahan noted their concern about three accesses to the
apartment , but Council may be wiiling to agree with the safety
access upon staff recommendation.
L'Ailier noted the internal access provides wheelchair access to
the first floor in case of emergency. He stated that access is most
usable and safe .
Keliey stated he is not in favor of the application, but would be
willing to approve conditioned upon removai of the kitchen when the
parents no longer live in the residence.
L'Allier agreed to that condition and noted the kitchen can easily
be removed.
Staunton said the ordinance states , "at least one access door must
. be provided from within the primary residence" . He opined that this
can only be allowed if the garage is considered part of the
principal structure because the skyway ties the two together.
7
. MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MARCH 8, 199
ZONING FILE �1796 - CONT.
It was moved by Keliey, seconded by Hu�r, to adopt Resolution #3243
for Application #1796 Peter W.T. L'Allier, 2684 Lydiard Avenue, for
a conditional use permit to allow a non-rental guest apartment ,
conditioned upon the kitchen to be removed if the parents of the
applicant are to move out of the apartment .
Hurr asked Kelley to define "move out " .
Kelley stated they must consider the apartment as their legal
residence.
Hurr feit that too restrictive.
L'Allier stated his father probably will be required to move to a
nursing home in 3-5 years .
Keliey modified his motlon to indicate if the apartment is no
longer used by the parents.
Vote : Ayes 3, nays 2. Goetten and Mayor Callahan voted nay. Goetten
felt the condition highly restrictive and not fair to the
applicant .
7) #1802 ORONO INDEPENDENT SCHOOL DISTRICT #27
77 D CRYSTAL BAY ROAD -
CONDIT L USE PERMIT - RESOLUTION #324
Dr. Mich , Ne Lawson, Melani eLuca, John Marish , Martha
Vandervan and Don derson we present .
Mabusth explained the a ant seeks approval of a conditional use
permit for the cons ction a 36x50' addition to the southeast
side of the exis ' g building expanded daycare use.
Mich state is would be an extension the schooi campus.
, Hurr stioned, as a taxpayer, the need for a lonal facilities
wh those avail'able are not used to their fulies pabilities.
8
�� � ` � � s248i'75
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O :: O CI�Y of ORONO
���'"�' RESOLUTION OF TI� CITY COUNCIL
'�,�'i, ;, .y�,� ,�15 N0. 3 2 4 3
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 1Q.24, SUBDIVISION 3
FII.E NO. 1796 �
WHEREAS, Peter W. T. and Jennifer M. L'Allier (hereinafter the "applicants")
are the owners of the property located at 2684 Lydiard Avenue within the City of Orono
(hereinafter "City") and legally described as:
Lot 6 and Lot 7, Vern-Mar Manor, Hennepin County, Minnesota (hereinafter
"property"); and
WHEREAS, the applicants have applied to the City for a conditional use permit
to permit the installation of a non-rental guest apartment within the existing principal structure
currently under major construction per Municipal Zoning Code Section 10.24, Subdivision 3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: �
FINDINGS
Z. T�is application was reviewed as Zoning File #1796.
2. The property is Iocated in �.he LR-1B L�tceshore Residential Zoning Distri�+
requiring one acre in area. The properry consists of 28,452.52 s.f. or .65 acres.
3. On February 16, 1993, the Orono Planning Commission reviewed the application
as amended and recommended approval based on the following findings:
� a. Primary access to the second story apartment over the garage is achieved
W o ; via the second floor of the principal structure.
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b. There is adequate area either within garage or within the exterior parking
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� � area to provide parking to serve apartment users.
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O ,. O CI� of ORONO -
�=��=' RESOLUTION qF THE CITY COUNCIL
��,'► .� ,�;,-� �ti NO.
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c. Sewer, water and all other utilities will be metered under the meter for the
principal residence.
d. There will be no sepazate address provided for the apartment use.
4. The Council finds that granting a conditional use permit to allow the non-rental
guest apartment will not be detrimental to the health, safety or general welfare of
the public, would not adversely a.ffect light, air nor pose a fire hazard or other
danger to neighboring properties, nor will its use depreciate surrounding property
values and that the proposed level of use of the properry will be in keeping with
the intent and objectives of the Zoning Code and Comprehensive Plan of the
City.
5. The City Council has considered this application including the fmdings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
� Based upon one or more of the above findings, the.Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 10.24, Subdivision 3 to the
current owners and applicants, Peter W. T. and Jennifer M. Lowlier, to permit a non-rental
apartznsnt Wit.�1lII tI1�Lr residence located at 2684 Lydiard Avenue, subject to the following
conditions:
1. This conditional use permit is granted to applicants as current owners and shall
be in effect while parents continue to reside in apartment. At the time the pazents
no longer use the apartment, applicant shall apply for a building permit to make
the necessary alterations to structure so that the kitchen area within apartment unit
is removed.
2. Applicants shall not install exterior second flaor access stair at reaz of attached
garage structure.
Page 2 of 4
F�saos a�►o�
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� � CITY of ORONO
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, �� � � RESOLUTION OF THE CITY COUNCIL
a�"„ ;� '�,;.: ��► N0. 3243
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3. The apartment installed above the attached garage shall never be used for rental
purposes but must remain for the exclusive use of family members, guests or
domestic help.
4. Authorities granted by this resolution are permissive only and must be exercised
by application for a building pemut within one year of the date of Council
approval or this conditional use permit will expire on that date (March 8, 1994).
5. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the Zoning Code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
6. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 8th day of Mazch, 1993.
ATTEST:
Dorothy M lin, City Clerk Edward J. a ahan, Jr., May
��- .
Properry Owner(s)
Page 3 of 4
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� CITY of ORONO
O � , T O
� � ,� RESOLUTION OF TI� CITY COUNCIL
��',, �;� ���:; �� NO. 3 2 4 3
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E8TrI
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
�he f�regoing instrument was'acknowledged before me on this 8th day of IViarch,
1993, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the Ciry of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City. �
CAROLE A. HASEMAN
NOTARI/PIJBIIG-#III�NE80TA
; HENNEPIN COUN7Y /� � �
Mr co�;aw,siow�u�Es sxE�s LlJ�f-�'�'e� • ,
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,,2�.. n� day of�c. r u c�r , 199 `� , before me a Notary Public
withinandforsaidCounty,personallyappeare �f�� �.'A-j/;�r � Jenvr�-�e� 61'l. L'.fFll i er� /na�r, e� ,
known to me to be the p erson(s) described in and who executed the foregoing instrument, and �aa.� o�-
acknowledged that he (they) executed the same as his (their) free act and deed.
_ LINDA S. VEE . - � ��
�' NOTARY PUBLIC - MiNNESOTA
f-�. HENNEPIN COUNTY -
���;: My commission expires 8-12-�8 NOT.�Iy P11UI1C
� �..:�
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On this day of , 199� ,before me a Notary Public
within and for said County,personally appeaz�d
knawn to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 4 of 4
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RESOLUTION #3243
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO ) � �
I Dorothy M. Hallin , City Clerk of the City cf Orono , Hennepin
County , i�finnesota ,. do hereby certify �that I have compared the
fore�going copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on March 8 , 19 93 � and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof � I have hereunto s2-t my hand and seal this
� llth , day of March , 1g93
� .
.
orothy, . Hallin, City Clerk
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,� �„ Street Address: Mailing Address: Telephone(952)249-4600
'��, ti 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616
l,q �,�' Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
kESHOS�
4 March 2013
Michael Finken
2684 Lydiard Ave
Excelsior, MN 55331
RE: Conditional Use Permit-Guest Apartment
Dear Mr. Finken
The City of Orono permits guest apartment uses via a conditional use permit(CUP). In 1993 the owners
of your property at the time, Peter&Jennifer L'Allier,applied for and received a CUP to allow the upper
level of the garage to be utilized as a guest apartment for family use. I have enclosed the approval
Resolution No. 3243 for your reference. The City Code and the listed conditions of approval clearly state
that the CUP is solely for the non-rental use of guests,family members and/or domestic help.
Furthermore,the resolution states that at such time when the property owners'family members ceased
to occupy the guest apartment the kitchen would be removed.
The City has recently become aware that the guest apartment at your residence, 2684 Lydiard Avenue,
may be being used as a rental/income properry. This letter is a reminder to you that the guest
apartment is not to be rented. Additionally, please contact me at your earliest convenience to make an
application to amend the existing CUP approval of existing guest apartment to address the kitchen.
Please contact me at 952.249.4627 or by email at mcurtis@ci.orono.mn.us to discuss any questions you
may have or to make a CUP application.
Thank you,
CITY OF ORONO „
�
Melanie Curtis
Planning&Zoning Coordinator
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Mountain Living � Lake Minnetonka Style
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Approx. Room Dimensions �; . ;. �;� .
Living Room 22 x 12 .�,: M " x.. ~��
" ,,�`. w. - .�
Dining Room 14 x 13 .����v� �' �,
Kitchen I S x 17
Family Room 13 x 16 „ ��.
Informal Dining 10 x 8 'I - � �
•4 ,�r 1�,,�i �'".
Nursery or Office 1 S x 13 � �e� ,,, • r ��:�o��` . ;
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Sitting Room 16 x 14 ��:`w � � � + .
Screened Porch 12 x 12 � �y� � �
Amusement Room 25 x 22 � . '� "- I � � � ��,�
= x-.: � . � �-
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Master Bedroom 31 x 14 � ? - t� �k i,�; � =w � "" - ` '
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Bedroom 2 12 x 10 � � �4� � �;� ..,.i �-�
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Bedroom 3 12 x 8 �' � �'� � � - � �`�� �``�'���`` � �
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Separate Apartment ;�� � ; :� i
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Living Room 17 x 1 S �di'� "► ,,,,.= � - r �r�
Dining Area lO x 9 ���� -_- ---- y� �� t� *Y
Kitchen 10 x 10 Home Features:
Bedroom 1 S x I1 This treetop setting offers .65 acres with beautifully
3-Season Porch &Deck manicured grounds and perennial gardens, easy access to shops,
churches, marinas, local restaurants, country clubs and downtown
Year built: 1954 Wayzata and Excelsior, and is within a short walking distance to the
neighborhood beach. Only a job transfer makes this home
2002 Taxes (approx.) $4,036 available.
Approx.finished sq.ft.: 4910 The beautifully remodeled contemporary with a traditional
PID: 21-117-23-23-0032 .}�Qir has an extremely versatile floorplan with rooms that could
accommodate a variery of needs for any lifesryle. A woodburning
Lot size: 0.65 acres fireplace in the foyer creates a warm yet stunning welcome. Other
Lot Dim: 190 x 1 SO wonderful features include a vaulted family room with hardwood
Est. Electric: $121.00/mo. .�oors and fireplace, spacious and open kitchen with granite
counters, cera��tic tile floor, aiad lots of cupboard space, cedur
Est. Gas: $208.00/mo. screened porch,formal living room with a gas fireplace, and formal
Westonka School District 277 dining room with a butler's pantry for convenience in entertaining.
The master suite is an architectural dream�expansive and
Shirley Hills Elementary (K—4) light-filled with soaring vaults, lake views, a two-sided fireplace,
Grandview Middle School(5—8) and wonderful sitting area. The second floor also has a large deck
Mound Westonka H.S. (9— 12) with lake views, and an open sitting area that could also be a den or
children`s play area,plus a room that is currently the nursery but
could easily be an office, exercise room, or bedroom conversion.
'"� -•f� • '�= • A glass skyway overlooks the grounds and leads to a guest
or nanny's suite over the 3-car garage. This wonderful space
Direct: 952-475-4904 features soaring vaults, dining area, living room with gas fireplace,
Cell: 612-987-4801 i full bath, and a large bedroom with a 3 season porch and deck.
Fax: 952-476-5333 The house features numerous updates including a new roof,
C a 1 t a b RC k Web; new furnace, remodeled and updated kitchen, and so much more.
-- _ www.candistabeck. com De f initel y a wonder ful place to call home.
Information Deemed Reliable But Not Guaranteed.
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2684 Lydiard Avenue. Excelsior, MN,55331
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Available for rent is a 1 bedroom-1 bath apartment with a lake view of Lake...For
more information please contact Michael at 612-247-3910 or via email.
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� :
• ' ,• r ,y'`• fi2�81'75
� O�
O O CITY Qf QRONO
�'' -'' RESOLUTION OF THE CITY COUNCIL
�► � ,�ti NO. 3 2 4 3
��� og�G
EBH
A RESOLUTION GRANTING
A CONDTI'IONAL USE PERNIIT
PER MUNICIPAL ZONING CODE
SEC170N 10.24, SUBDIVISION 3
FILE NO. 1796 �
WHEREAS, Peter W. T. and Jennifer M. L'Allier (hereinafter the "applicants")
are the owners of the property located at 2684 Lydiard Avenue within the City of Orono
(hereinafter "City") and legally described as:
Lot 6 and Lot 7, Vern-Mar Manor, Hennepin County, Minnesota (hereinafter
"property"); and
WHEREAS, the applicants have applied to the City for a conditional use permit
to permit the installation of a non-rental guest apartment within the existing principal structure
currently under major construction per Municipal Zoning Code Section 10.24, Subdivision 3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: .
FINDINGS
�. This agglicadon was reviewed as Zoning File #1796.
2. The property is Iocated in the LR-1B Lakeshore Residential Zoning District
requiring one acre in area. The property consists of 28,452.52 s.f. or .65 acres.
3. On February 16, 1993, the Orono Planning Commission reviewed the application
as amended and recommended approval based on the following fmdings:
� a. Primary access to the second story apartment over the garage is achieved
W� via the second floor of the principal structure.
+4t�
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b. There is adequate area either within garage or within the exterior parking
�
uzi� '— _ area to provide parking to serve apartment users.
, a�
�
Z� � � Page 1 of 4
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O O CITY of ORONO �
�'' �' RESOLIJTION qF THE CI1'Y COUNCIL
��'► � ,��4 NO.
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c. Sewer, water and all other utilities will be metered under the meter for the
principal residence.
d. There will be no s�parate address provided for the apartment use.
4. The Council �'inds that granting a conditional use permit to allow the non-rental
guest apartment will not b�detrimental to the health, safety or general welfare of
the public, would not adversely affect light, air nor pose a fire hazard or other
danger to neighboring properties, nor will its use depreciate suirounding property
values and that the proposed level of use of the properry will be in keeping with
the intent and objectives of the Zoning Code and Comprehensive Plan of the
City.
5. The City Council has considered this application including the fmdings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
� Based upon one or more of the above findings, the.Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 10.24, Subdivision 3 to the
current owners and applicants, Peter W. T: and Jennifer M. Lowlier, to perinit a non-rental
apartment within thei residence located at 2684 Lydiazd Avenue,. subject to the following
conditions:
1. This conditional use permit is granted to applicants as current owners and shall
be in effect while parents continue to reside in apartment. At the time the pazents
no longer use the apaztment, applicant shall apply for a building permit to make
the necessary alterations to structure so that the kitchen area within apartment unit
is removed.
2. Applicants shall not install exterior second flo�r access stair at rear of attached
garage structure.
Page 2 of 4
����
� °� �
O O CI� of ORONO
�' �=' RESOLUTION OF THE CITY COUNCIL
a •, ,�14 NO. 3243
�,� G
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3. The apartment installed above the attached garage shall never be used for rental
purposes but must remain for the exclusive use of family members, guests or
domestic help.
4. Authorities granted by this resolution are permissive only and must be exercised
by application for a building permit witi�in one year of the date of Council
approval or this conditional use permit will expire on that date (March 8, 1994).
5. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the Zoning Code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
6. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the
properry.
Adopted by the Orono City Council on this 8th day of March, 1993.
ATTEST:
Dorothy M lin, City Clerk Edward J. ahan, Jr., May
`�- .
Property Owner(s)
Page 3 of 4
����»
.. �
• , ..
. , O
� � CITY
O O of ORONO
�=' '' RESOLUTION OF TI� CITY COUNCIL
�► � _�'`:. ,��5 NO. 3 2 4 3
Y
��� O��G
E8�I
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The for.egoing instrument was acknowledged before me on this 8th day of March,
1993, by Edward J. Callahan, Jr. and`Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on .behalf of the
City. �
CARO�E A. HASEMIW
NOTARY PIALKS—MIMNEdOTA
' HENNEPIN COUN7Y �
- MY C�OMtAI;310N EXP1qE9 F2�98 ���_,P� .( • �
Notary Public
STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
On this ,,?a. � day of�� r r�u r c , 199 � ,before me a Notary Public
within and for said County,personally appeare .�. � . '�v �l , e 61'l. ' 'er a�r, e�
known to me to be the person(s) described in and who executed tl�e fore goin g instrument, and �a.c.� o�
aclrnowledged that he (they) executed.the same as his (their) free act and deed.
LINDA S. VEE -
NOTARY PUBUC - MINN�SOTA ��(/(/�
HENNEPIN COUIVTY
� �;:,,,i�.,-�,,. My comm�ss�on exp�res e-�2-�e NOiaty PUbI1C
STATE OF MINNESOTA )
) ss. -
COUNTY OF HENNEPIN )
On this�� day of .�,� , 199� ,before me a Notary Public
within and for said County,personally appear�d
knawn to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
� Notary Public
Page 4 of 4
f����
- - �
., . F, .
RESOLUTION �3243
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO ) � �
I Dorothy M. Hallin , City CZerk of the City cf Jrono , Hennepin
County, MinnesotaT do hereby certify �that I have compared the
foregoing copy of a resolutian of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
an March 8 , lg 93 , and that the same is a true
and correct copy of said resolution was duly adop�ed by said City
Council at said meeting .
In Witness Whereof � I have hereunto se�t my hand and seal this
llth , day of March � 1993-
� .
.
, orothy, . Hallin, City Clerk
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Orono, Minnesota, Code of Ordinances» Title VI - LAND USE » Chapter 78-ZONING REGULATIONS
»ARTICLE IV. -DISTRICT REGULATIONS » DIVISION 4. - LAKESHORE RESIDENTIAL DISTRICTS »
Subdivision III. LR-1B One-Family Lakeshore Residential District»
Subdivision III.LR-16 One-Family Lakeshore Residential District
Sec. 78-326. Puroose.
Sec. 78-327. Permitted uses.
Sec. 78-328. Conditional uses.
Sec. 78-329.Accessory uses.
Sec. 78-330.Area. height, lot width and yard reauirements.
Secs. 78-331-78-345. Reserved.
Sec. 78-326. Purpose.
The LR-1 B one-family lakeshore residential district is intended to provide a district which will
allow a combination of inedium-density residential developments and limited agricultural activity.
Planned residential developments may be allowed by conditional use permits. The proposed land
use may not endanger the quality of stormwater runoff into Lake Minnetonka or Long Lake.
Because of the location of the district near Lake Minnetonka or Long Lake, special regulations are
necessary to protect these natural resources from the effects of dense development. This district
shall have immediate access to highways and public sanitary sewer.
(Code 1984, § 10.24(1))
Sec. 78-327. Permitted uses.
Within the LR-1 B one-family lakeshore residential district, no land or structure shall be used
except for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after
the required public hearings for public improvement projects, provided that:
a� All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b� The architectural design of the structure is found to be compatible with the
surrounding area.
�� If the city proposes amendment to the approved design plans or the placement
of the structure, notice of the proposed changes shall be mailed to all property
owners within 350 feet of the parcel on which the structure is to be located. If
the proposed structure is to be located within a public right-of-way, property
owners within 350 feet of the structure shall be mailed notice of the proposed
changes. Notice shall be mailed at least 14 days before the council meeting at
which the amended plans will be considered.
(2) Gardens.
• �3) Municipal buildings.
�4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the
principal residence structure on a lot for the sole use of the occupants of the principal
residence, including their domestic employees or nonpaying guests. The only means
of ingress or egress to the apartment shall be from within the principal structure.
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Application for such a guest apartment shall address the concerns of parking, sewage
treatment, entryway and interior access method. Such apartments shall not have
utilities metered separately from the principal residence utilities and shall not have a
separate street address.
(5) One-family detached dwellings.
�6) Publicly owned parks and playgrounds.
(Code 1984, §§ 10.20(2), 10.24(2);Ord. No. 44 3rd senes, §4, 2-25-2008; Ord. No. 82 3rd series, § 11, 12-13-
2010; Ord. No. 90 3rd series, §5, 12-12-2011)
State law referenc�State mandated permitted uses, Minn. Stat. §462.357, subd. 7.
Sec. 78-328. Conditional uses.
Within any LR-1 B one-family lakeshore residential district, no structure or land shall be used
for the following uses except by conditional use permit:
(1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps,
provided that:
a� All principal buildings are located at least 100 feet from any adjacent property
zoned for residential use; and
b� All accessory buildings and structures more than six feet in height are located
at least 50 feet from any adjacent property zoned for residential use.
(2) Guest houses and nonrental guest apartments.
a� Guest houses, provided that:
�� The lot is at least two times the minimum lot area required by this
section; and
2� The guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying guests.
b� Guest apartments with exterior ingress and egress, provided that:
�� The application for a guest apartment adequately addresses the
concerns of parking, sewage treatment, exterior access method, and
interior access method;
2• There is at least one access door to the apartment from inside the
principal dwelling and this door is the primary means of accessing the
apartment;
3� The guest apartment does not have a separate address;
4� The guest apartment's utilities are not metered separately from the
principal dwelling; and
5� The guest apartment is for the sole use of the occupants of the principal
dwelling, including their domestic employees and nonpaying guests.
(3) Keeping of farm animals for noncommercial purposes and for the use of the
occupants of premises, provided that:
a� Where the applicant requests a conditional use permit to keep horses, there
must be at least one acre for the dwelling and two acres of open pasture for the
first horse. If the applicant requests a conditional use permit to keep more than
one horse, the property must have one additional acre of open pasture for each
additional horse. Calculations of minimum pasture acreage shall not include
any land defined as a wetland or wetland buffer under section 78-1602
b� Where the applicant requests a conditional use permit to keep farm animals
other than horses, there must be at least one acre for the dwelling and one
acre for each animal unit. Calculations of minimum acreage required shall not
include any land defined as a wetland or wetland buffer under section 78-1602
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�Municode Page 3 of 5
c. Any building or structure associated with the animals is located more than 150
feet from the nearest adjacent residence and at least 75 feet from the nearest
lot line.
d• The use is operated in compliance with Chapter 62, Animals.
(4) Places of worship, provided that all buildings and structures, except columbaria, are
located at least 50 feet from any adjacent property zoned for residential use.
(5) Planned residential development, limited to detached single-family dwellings only and
subject to the limitations of division 10 of this article.
(6) Public senrice structures, provided that:
a• All buildings are located at least 50 feet from any adjacent property zoned for
residential use; and
b• The architectural design of the structure is compatible with the architectural
design of the surrounding area.
(�) Provision of a bathtub or shower in an accessory building. Approval shall be
conditioned on provision of municipal sanitary sewer or a conforming sewage
treatment system designed to handle the anticipated flows from the building plumbing.
Approval shall be granted only when the following criteria are met:
a• The council finds that the proposed use of the accessory structure with a
bathtub or shower will not be detrimental to the residential character of the
neighborhood.
b• The council finds that the plumbing fixtures proposed are in keeping with the
intended use of the accessory building.
�• The accessory building is conforming in location, size and height.
d• The property owner agrees to the filing of a covenant in the title of the property
providing that the accessory building will not be:
�• Used for a home occupation unless specifically approved by the city or if
allowed by this Code.
2• Used as a dwelling unless a guest house conditional use permit is
obtained.
3• Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
($) Schools, daycare centers, uses accessory to a high school.
a• Pre-kindergarten, primary and secondary public schools and private schools
with a curriculum similar to a pre-kindergarten, primary or secondary school.
Schools may include before and after school care for students.
b• Daycare centers, nursery schools and similar programs that are not associated
with a public or private school and serve pre-kindergarten children.
�• Indoor ice arenas accessory to a high school provided the arena, including
accessory uses, is:
�• Located on the same tax parcel as the high school to which it is
accessory and is owned by the local school district;
2• Not separated from the high school building by a public road;
3• Operated by the school district or by a nonprofit organization; and
4• All structures are located at least 50 feet from any adjacent property
zoned for residential use.
(9) Two-family dwelling, provided that:
a• Public sanity sewer service is available;
b• The lot is adjacent to a commercial or industrial parcel;
�• The dwelling is within 200 feet of the commercial or industrial parcel; and
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d. The design of the dwelling is compatible with the surrounding residences.
(10) Columbaria, provided that all portions of columbaria located at or below ground shall
be located at least five feet from any adjacent lot line and at least 50 feet from
principai structures located on any adjacent property, whether such property is zoned
for residential or non-residential use. All portions of columbaria located above ground
shall meet the following standards:
a� Located at least ten feet from property boundaries.
b� Located at least 50 feet from principal structures located on any adjacent
property, whether such property is zoned for residential or non-residential use.
�� Located at least ten feet from the edge of the paved, traveled roadway.
d� Shall not exceed eight feet in height including any appurtenances.
e� Direct views from all adjoining residential parcels shall be buffered by
appropriate means.
(Code 1984, §§ 10.20(3), 10.24(3); Ord. No. 145 2nd series, § 1, 3-11-1996; Ord. No. 161 2nd series, §§3, 4, 6-7-
1997; Ord. No. 178 2nd series, § 1, 12-8-1997; Ord. No. 179 2nd se►ies, §2, 10-12-1998; Ord. No. 28 3rd series, §
6, 8-22-2005;Ord. No. 44 3rd series, §4, 2-25-2008; Ord. No. 45 3rd series, §4, 2-25-2008; Ord. No. 79 3rd series,
§5, 11-8-2010; Ord. No. 82 3rd series, § 12, 12-13-2010; Ord. No. 90 3rd series, §5, 12-12-2011;Ord. No. 100 3rd
series, §2, 2-25-2013)
Editor's not�
Ord. No. 79 3rd series, § 5, adopted Nov. 8, 2010, set out provisions intended for use as subsection
78-328(17). To facilitate inclusion of Ord. No. 82 3rd series, adopted Dec. 13, 2010, and at
the editor's discretion, these provisions have been included as subsection 78-328(11).
State law reference—State mandated permitted uses, Minn. Stat. §462.357, subd. 7.
Sec. 78-329. Accessory uses.
Wthin any LR-1 B one-family lakeshore residential district, the only permitted accessory uses
and structures are the following:
(1) Buildings temporarily located for purposes of construction on the premises for a period
not to exceed time necessary for such constructing.
�2) Driveways, sidewalks and parking spaces.
�3) Detached private garages and buildings subject to the performance standards of this
chapter.
(4) Private recreational facilities subject to the pertinent accessory structure location and
height requirements of this chapter.
(5) Private docks, subject to this code and other applicable regulations, including boat
storage density requirements. The accessory use of a private dock shall not include
renting space.
(6) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3.
�7) Fencing subject to the provisions of section 78-1405(7).
�$) Signs, as regulated in this chapter.
�9) Flagpoles, subject to accessory structure location and height requirements of this
chapter.
(10) Gardening and other horticultural uses, including arbors, trellises, aviaries and
decorative landscape features, and lawn sprinkler systems.
(11) Compost structures and firewood piles, subject to the accessory structure location
requirements of this chapter.
(12)
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Home occupations, as defined in this chapter. All home occupations shall comply with
the provisions of section 78-1376, and the licensing provisions of[section] 26-76,
when applicable.
(13) One temporary roadside stand offering for sale only farm products produced on the
premises, provided such stand does not exceed 200 square feet in area and is
located at least 30 feet back from the public right-of-way.
(14) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles,
etc., subject to the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice
fishing houses and similar structures equipped with wheels or mounted on a trailer
shall be regulated as recreational vehicles. Ice fishing houses and similar structures
not equipped with wheels or mounted on a trailer shall be regulated as accessory
buildings and subject to accessory building regulations.
(15) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of
four consecutive days and occurring no more than two times within one calendar year
per property; and sales of personal or recreational vehicles and equipment, limited to
no more than two items per calendar year, and such items for sale shall not be parked
in any portion of the public right-of-way, public boulevard, or required front yard except
a designated, improved driveway.
(16) Laundry drying equipment.
(17) Other uses that are customarily incidental to, and subordinate to, the allowed
permitted and conditional uses in this district.
(Code 1984, §§ 10.20(4), 10.24(4); Ord. No. 161 2nd series, §6, 6-7-1997; Ord. No. 221 2nd se►ies, §3, 9-23-2002;
Ord. No. 82 3rd series, § 13, 12-13-2010;Ord. No. 93 3rd series, §2, 6-25-2012; Ord. No. 96 3rd series, §3(3.01,
3.02), 11-13-2012;Ord. No. 106 3rd series, §6, 6-10-2013)
Sec. 78-330. Area, height, lot width and yard requirements.
(a) Height. No structure or building in the LR-1 B district shall exceed 2'/z stories and shall not
exceed 30 feet in height except as provided in section 78-1366
(b) Lots. The following minimum requirements shall be observed:
Lot Lot Front ide Yard Rear Side Yard
rea idth ard djacent Yard Adjacent
(acre) (feet) (feet) o Another (feet) to Street
Lot (feet)
feet
1 140 35 10 30 35
(Code 1984, § 10.24(5); Ord. No. 18 3rd se►ies, §3, 9-27-2004)
Secs. 78-331-78-345. Reserved.
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Melanie Curtis
�rom: Melanie Curtis
�ent: Friday, April 19, 2013 4:15 PM
To: Tony Wittke
Cc: Correy Farniok; Christine Mattson
Subject: 2684 Lydiard - Illegal Rental of Guest Apartment
Attachments: 2684 lydiard_1.pdf; 2684 lydiard_2 resolution.pdf
Tony
As discussed, please take a look at the attached information for 2684 Lydiard Ave. We are trying to establish that the
property owner is RENTING the guest apartment above the garage. The guest apartment is to be used solely for non-
paying guests/family or domestic employees.
Also as discussed, I am working on getting the��renter"vehicle information. I believe the property owner drives a white
Lexus SUV and his girlfriend drives a beige/gold Lexus SUV so if there are other vehicles there they likely belong to the
renters.
Please let me know if you have questions and I will forward additional information as I receive it.
Melanie
Melanie Curtis
Planning &Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
, �irect Dial: 952.249.4627
.=ax: 952.249.4616
Planning &Zoning Office 952.249.4620 - _
Email: mcurtisc(�.ci.orono.mn.us � (� � �C� �� �
Website: www.ci.orono.mn.us L''T -
City of Orono Office Hours �� ?j� / "
Monday - Friday 8:00 am - 4:30 pm
1
Melanie Curtis
�rom: Tony Wittke
3ent: Wednesday, May 01, 2013 1:08 PM
To: Melanie Curtis
Still working on the rental case FYI. Patrol has not been able to get the renters inside yet.
.;:,1�fd ' i Taq�A"ittL�e,In�iaticari�SerEeant
*�"� (�aao Peii�Depatrtmeat
'�.,,�r'• 2T'e!O��Parlcw���
°�� .r.~ �: Oroao,�L1 53536
932.`Z49.4�00
Confidentiality Notice: This e-mail message, including any attachments is for the sole use of the intended recipient(s)and may contain confidential and
privileged information. Any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient,please contact the
sender by reply e-mail and destroy all copies of the original message.
1
ORONO POLICE DEPARTMENT .
INITIAL COMPLAINT REPORT
CASE NUM�t GG DAi'�REPORTED • �
i3-5828 MN0271500 05-i1-�O13 ❑�IJVENrI.E REPORT� w � �
� . (.�'!
BADGE HOW RECD TlME REPORlID T7ME ASSIGN� T3ME AitRIVED TIME p�AR OTHER ITEMS IN(�.UDEA � ,
518 � � 1731 1731 1731 1742 p� �
a PHo�ros
PlACE aDMMI7'I'EU C17Y . . 0 SQUAD VIDEO
2684 Lydlard Ave, �rono � � � �
❑ •BOOIQNG VIDEO ,
COMPLAINT ❑ AUDIO RECORDINGS
Renting ❑ �or�rm nrvE►�oRY
� NAME Fkat Mld� D.0.6 SEX (?iNRGES
RP Clty of Orono
�pp� Cell Pt�e Home wark Plrone
2750 KeUey Parkway, Orano, MN 55356 952-249-4600
PC NAME Hrst hNddk D.0.6 S�( C7IHRGES
WIT Grunditr, Lavonne Sharon F
pppry�� Cell Phone Hane Pha�e Work Phone
2684 LydEard Ave, Orono, MN 55331 unk unk unk
p� � �� D.0.8 SE7( CFiARGES
SUS Finken, Michaef Francls M
ao�rtFss c.el�rnone H�ne Pha,e ww�c anooe
�84 Lydiard Ave, Orono, MN 55331 unk unk unk
I, OfFlcer Wittke was asked to stop at the above address to check whether the homeowner, Mlchael Anken was
renting the space above the garage. OPD had attempted contact a few times prior to thfs day but was unsuccessFul
fi�nding anyone home. As I was d�ecking on thls day I found the smalier garage stalt cfoor was open, a Honda
Acco�d In the driveway and a female ln the garage,The Nonda, MN Lic. 487-CRR reglstered to]ohn and Lavonne
Grunditr,
I approached the female who was painting in the garage,Tlie fema{e introduced herself to me as Lavonne. She said
' she and her husband)ohn were renting above the garage, Lavonne told me she found the ad on Csaigslist and she
icnew the house so she called on It right away. Lavonne said they needed to downsize from thefr place and thls was
a one bedroom. She said they'd been rerrting about one month. Lavonne said the place was pertect as It was close
to.lohn's worlc. She sald John wras a Pastor at Calvary Church (office 952-471-8511}, Lavonne said the homeovmer
also traveis a lot so they wii(tend to the homeowners cats,
I dfd not advise Lavonne that the homeowner was in vfoiation by renting the space to her and 3ohn. I cleared. �
i �
I
i
pISPpSITtON: UNFOUNDED ❑ CLEARED SY ARREST ❑ REF.OT�iER AGENCY ❑ INACRVE ❑ OTHER Ly' CI�+� ��y�°�,� ;
a�i3 I i
Y T0: CO ATTORNEY❑ CITY ATTY ❑ COURT ❑ IMP CONS ❑ PLATE IMPOiJND ❑ OtJTSIDE AGENCY ❑ OTHER �j i ,
i �
�. wittke � I
�
OFFICER NAME I.00IS SGT"S � �
� � I
f !
�-o�o
C ITY OF ORONO
,� � Street Address: Mailing Address: Telephone(952)249-4600
��, ti 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616
1 s�,�' Orono,MN 55356 Crystal Bay,MN 55323 I www.ci.orono.mn.us
9kESH0�
11 June 2013
Michael�Finken Certified Mail No. 7007 0220 00001989 5004
2684 Lydiard Ave
Excelsior, MN 55331
RE:Illegai Use-Guest Apartment
Dear Mr. Finken
This letter will follow up my March 4, 2013 letter to you regarding the use of the guest apartment within
your home at 2684 Lydiard Avenue. As you are aware,the City of Orono permits guest apartment uses
via a conditional use permit(CUP). In 1993 a CUP was granted to allow the upper level of the garage to
be utilized as a guest apartment for family use. The City Code and the listed conditions of approval for
, ' the CUP clearly state that the CUP is solely for the non-rental use of guests,family members and/or
domestic help.
(
You and I spoke not long after my March 4 letter regarding the necessary amendment to the CUP to
� -��r"«-t���t�,��ed e,xistence of th� kitchen as addressed within the CUP. To date you have not
� �. . . . �mendment. Please note,
�
� � ' ' " '�.�f the CUP.
o �• • . . , . , . .,. , , ,.,
„� • .• � . . , . �^ �� �e is being used as a
�. _ � �` � � � � � � � � � �„��� � ��d`� hat you must discontinue the
`a ' ,�/ � ��iu fail to comply with this
� - � s •q'
res��nereMt,omroerr,�� p Y� `ay result in criminal
� � � ��,F� 310 •��' .., �'��, ����: �No �
� _Ra m�►A',���;> 2.�55 .��°°^�"* �',� � i
? ��mo�,� � J� � ls if you have questions on this
?u $ .� � s'���
Total Poatage&Fees �
Sent To �I ��Mefl
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, o��►a��or�,a„arse
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�omest�Retum Recelpt �o25gs-0¢-M-tsao�
Planning&Zomng�oorainaw�
c: US Mail
Melanie Curtis
From: Melanie Curtis
Sent: Wednesday, June 26, 2013 4:16 PM
To: Soren Mattick
Subject: Illegal guest apartment- History
Attachments: CUP#1796 - Reso#3243.pdf; Finken Response.pdf; Police Report 5-11-2013.pdf; Rental Info
& Photos.pdf; Violation Letter 04-03-2013.pdf; Violation Letter 06-11-2013 - mailed
certified.pdf
Soren please see the attached background on the violation at 2684 Lydiard Ave—guest apartment. Please review and
tell me how we should proceed.
Melanie
Code sections:
Sec. 78-328. -Conditional uses.
Within any LR-1 B one-family lakeshore residential district, no structure or land shall be used for the
following uses except by conditional use permit:
(1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:
a. All principal buildings are located at least 100 feet from any adjacent property zoned for
residential use; and
b. All accessory buildings and structures more than six feet in height are located at least 50 feet
from any adjacent property zoned for residential use.
(2) Guest houses and nonrental guest apartments.
a. Guest houses, provided that:
1. The lot is at least two times the minimum lot area required by this section; and
2. The guest house is for the sole use of the occupants of the principle dwelling, including their
domestic employees and nonpaying guests.
b. Guest apartments with exterior ingress and egress, provided that:
1. The application for a guest apartment adequately addresses the concerns of parking,
sewage treatment, exterior access method, and interior access method;
2. There is at least one access door to the apartment from inside the principal dwelling and this
door is the primary means of accessing the apartment;
3. The guest apartment does not have a separate address;
4. The guest apartment's utilities are not metered separately from the principal dwelling; and
5. The guest apartment is for the sole use of the occupants of the principal dwelling, including
their domestic employees and nonpaying guests.
Melanie Curtis
Planning &Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
1
July 1,2013
Melanie Curtis ���
City of Orono c% '�/`�
2750 Kelley Parkway C/� 19 Q
Orono, MN 55356 O,� �0�3
�RO
RE:Illegal Use—Guest Apartment �9
Dear Ms. Curtis
In response to your letter dated March 4, 2013 the guest apartment within my house is not being used
as rental/income property. The couple that lives in the apartment is a local pastor and wife that are 1)
guests in my home and 2) provide domestic services to assist me in maintaining my home and property.
The CUP specifically states that the guest apartment can be used for guests, family members or
domestic help.
In the matter of the CUP amendment pertaining to the kitchen I would be glad to work with you to
amend the document if there is no cost to me. My signature is not on this CUP and,therefore, I feel that
I am not liable or responsible for this agreement between the previous owner and the City of Orono. If I
was made aware of this CUP prior to closing I assure you that I would have never bought the home. If
you wish to pursue this matter I would suggest you contact the previous owner who did sign the
agreement.
I sincerely hope that this brings an end to this matter. Further pursuance will force me to involve my
attorney to seek legal action to stop this harassment from the City of Orono and Jim/Jan Berg who I
know are behind this.
,
V � l!�-�'�-�����
� Michael F. Finken
• 2684 Lydiard Ave
Orono, MN 55331
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C ITY OF ORONO
�, �„ Street Address: Mailing Address: Telephone(952)249-4600
�'�. Gti 2750 Kelley Parkway I P.O.Box 66 Fax (952)249-4616
�q �, Orono, MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
KFsxot�
21 August 2013
Michael Finken SENT VIA U.S. CERTIFIED MAIL NO.:
2684 Lydiard Ave 7007 0220 00001989 0139
Excelsior, MN 55331
RE: Illegal Use-Guest Apartment
Dear Mr. Finken
This letter will follow up my June 11, 2013 letter to you regarding the illegal rental of the guest
apartment within your home at 2684 Lydiard Avenue.
The City has received confirmation from your tenants that they do indeed rent the guest apartment.
This letter will serve as your final notification that you must discontinue the illegal use of the guest
apartment by or before Friday, August 30, 2013. If you fail to comply with this notice this matter will be
forwarded to the City Attorney for review and may result in criminal prosecution.
� . - � �� , � email at mcurtis@ci.orono.mn.us if you have questions on this
- , , II - �_.
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C ITY OF ORONO
/ � ,y, Streei Address: Mailing Address: Telephone(952)249-4600
S' Gti 2750 Keliey Parkway I P.O.Box 66 Fax (952)249-4616
�q F, Orono,MN 55356 Crystal Bay,MN 55323 I www.ci.orono.mn.us
kESH��
21 August 2013
Michael Finken SENT VIA U.S.CERTIFIED MAII NO.:
2684 Lydiard Ave 7007 0220 00001989 0139
Exceisior, MN 55331
RE:Illegai Use-Guest Apartment
Dear Mr. Finken
This letter will follow up my June il,2013 letter to you �egarding the illegal rental of the guest
apartment within your home at 2684 Lydiard Avenue.
The City has received confirmation from your tenants that they do indeed rent the guest apartment.
This letter will serve as your final notification that you must discontinue the illegal use of the guest
� apartment by or before Friday,August 30,2013. If you fail to comply with this notice this matte�will be
forwarded to the City Attorney for review and may result in criminal prosecution.
•. i email at mcurtis@ci.orono.mn.us if you have questions on this
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RETURN SERVICE REQUESTED '
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Michael Finken �
RECEIV 2684 Lydiard Ave
Excelsior, MN �5���
SER 1320i� NIXIE 553 s� iao9 ooasll�./i3 .
RETURN TO SENDER
C�7"Y OF ORON4 U N C L AI ME p
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August 27,2013 C SFi�O ��`Q
� �
Melanie Curtis �DIc � �J
City of Orono ��D�O
2750 Kelley Parkway
Orono, MN 55356
RE: Illegal Use—Guest Apartment
Dear Ms.Curtis
In response to your letter dated August 21, 2013 my guest apartment within my house is not being used
as rental/income property. I spoke to my domestic help and they have indicated that they have not
spoken to you or anyone else concerning this matter. I suspect that your confusion lies in the fact that
these people do not pay me but, in fact, I pay them for domestic seroices performed and have the
� cancelled checks to prove it. I have a very large home and cannot properly maintain it myself without
their help with the gardening, landscaping, housekeeping, pet care, etc.
I sincerely hope that this brings an end to this matter. Further pursuance will force me to involve my
attorney to seek legal action to stop this harassment from you and the City of Orono.
'������,���_ _-__- __ _ .
Michael F. Finken
2684 Lydiard Av�
Orono, MN 55331
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SEP �3 �u13 p���v 1�� �553 s� REQUESTED
CITY OF ORQNO �
55356��Si0 i'lliiitll��i���l��i�i�,l,1i�l��llii���t�lii�iltltilll���"�Il��i
Christine Mattson
�rom: Melanie Curtis
�ent: Thursday, November 07, 2013 3:42 PM
To: Christine Mattson
Subject: formal complaint
Can you start a formal complaint on Finken at 2684 Lydiard Ave, please?
Melanie Curtis
Planning &Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Direct Dial: 952.249.4627
Fax: 952.249.4616
Planning &Zoning Office 952.249.4620
Email: mcurtis(c�ci.orono.mn.us
Website: www.ci.orono.mn.us
1
�o�o
CITY OF ORONO
� � Street Address: Mailing Address: Telephone(952)249-4600
'��, � 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616
! ts,�' Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
�kESHO�
25 November 2013
Soren Mattick
Campbell Knutson
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
RE: Violation at 2684 Lydiard Avenue
Soren,
As discussed at our November 21n staff meeting, Mr. Finken 2684 Lydiard Aven�e is in violation of Cit� __ _ _ _
Code 78-328(2)(b)and resolution#3243,dated 03/08/1993. Attached is our background information for
you to prepare a formal complaint.
_ Please don't he�itate to contact me if you have any questions.
Sincerely,
CITY OF ORONO `
Melanie Curtis
Planning&Zoning Coordinator
Attachment
�N City of Orono
� P.O.Box 66
�, Crystal Bay,MN 55323-0066
�� (952)249-4600
�k sxoa�'
History Report for: Michael Finken
Address: 2684 Lydiard Ave
VIOIat1011S: Rental of guest apartment in violation of City Code Section
78-328(2)(b) and Resolution #3243 dated 3/08/1993. Copies
of both attached.
Date
Inspected Inspector Comments
3/1/2013 Curtis Complaint received
Resolution 3243 states guest apartment can't be rented out
3/4/2013 Curtis Violation letter sent to Finken regarding renting guest apartment
3/1/2113 Curtis Phone call received
4/19/2013 Curtis Email sent to Officer Tony Wittke
5/1/2013 Curtis Email received from Officer Tony Wittke
5/11/2013 Officer J. Wittke Orono Police Department-Initial Complaint Report
6/11/2013 Curtis Violation letter sent. Sent certified.
6/26/2013 Cutis Email to Soren from Curtis
7/1/2013 Certified letter received from Finken
8/21/2013 Curtis Violation letter sent. Sent certified.
8/27/2013 Certified letter received from Finken
11/25/2013 Formal complaint sent to Campbell Knutson
Z:\Forms\Code Compliance\Violation Tracking Sheets.xls 11/25/2013
�: ,._� �.�-. 62481'75
.
� ��
O O CITY af ORONO
� � RESOLUTION OF THE CITY COUNCIL
� �^ . .;� ��S NO. 3243
� Y
�' ' G
�-
��LrBH��'�
A RESOLUTION GRANTING
A CONDTI'IONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECT�ON 10.24, SUBDIVISION 3
FILE NO. 1796 �
WHEREAS, Peter W. T. and Jennifer M. L'Allier (hereinafter the "applicants")
are the owners of the property located at 2684 Lydiard Avenue within the City of Orono
(hereinafter "City") and legally described as:
Lot 6 and Lot 7, Vern-Maz Manor, Hennepin County, Minnesota (hereinafter
��property"); and
WHEREAS, the applicants have applied to the City for a conditional use permit
to permit the installation of a non-rental guest apartment within the existing principal structure
currently under major construction per Municipal Zoning Code Section 10.24, Subdivision 3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: �
FINDINGS
Z. T�is agplication was reviewed as Zoning File #1796.
2. The properry is Iocated in the LR-1B Lakeshare Residential Zoning District
requiring one acre in area. The properry consists of 28,452.52 s.f. or .65 acres.
3. On February 16, 1993, the Orono Planning Commission reviewed the application
as amended and recommended approval based on the following findings:
� a. Primary access to the second story apartment over the garage is achieved
�� via the second floor of the principal structure.
�i W
�
�CY)
b. There is adequate area either within garage or within the exterior parking
W�
� � area to provide parking to serve apartment users.
�
v�� °W° a Page 1 of 4
Q� � Z.
��
1�� ��
�o�SODs aa onro
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, � O�
O O CI� of ORONO -
�=' �' RESOLUTION qF THE CITY COUNCIL
�► � ,��4 NO.
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�''k�o4�'
c. Sewer, water and all other utilities will be metered under the meter for the
principal residence.
d. T'!iere will be no s�parate address provided for the apartment use.
4. The Council finds that granting a conditional use permit to allow the non-rental
guest apartment will not be detrimental to the health, safety or general welfare of
the public, would not adversely affect light, air nor pose a fire hazard or other
danger to neighboring properties, nor will its use depreciate surroundi.ng property
values and that the proposed level of use of the properry will be in keeping with
the intent and objectives of the Zoning Code and Comprehensive Plan of the
City.
S. The City Council has considered this application including the fmdings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and #he effect of the proposed variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
� Based upon one or more of the abave findings, the.Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 10.24, Subdivision 3 to the
current owners and applicants, Peter W. T: and Jennifer M. Lowlier, to perinit a non-rental
aparnnent within their residence located at 2684 Lydiazd Avenue,. subject to the following
conditions:
1. This conditional use permit is granted to applicants as current owners and shall
be in effect while parents continue to reside in apardment. At the time the parents
no longer use the apartment, applicant shall apply for a building permit to make
the necessary alterations to structure so that the kitchen area within apartment unit
is removed.
2. Applicants shall not install exterior second flo�r access stair at rear of attached
garage structure.
Page 2 of 4
����
� °� �
� O CITY of ORONO
�'' -' RESOLUTION OF 1� CITY COUNCIL
�► ; ,��5 NO. 3 2 4 3
��'� O�'�G
E88
3. The apartment installed above the attached garage shall never be used for rental
purposes but must remain for the exclusive use of family members, guests or
domestic help.
4. Authorities granted by this resolution are permissive only and must be exercised
by application for a building permit within one year of the date of Council
approval or this conditional use permit will expire on that date (March 8, 1994).
5. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the Zoning Code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
6. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 8th day of March, 1993.
ATTEST:
Dorothy M lin, City Clerk Edward J. ahan, Jr., May
��- .
Properry Owner(s)
Page 3 of 4
����
� �
• � �. .
� O�
� CITY of ORONO
. O ,� O
`' ' RESOLUTION OF TI� CITY COUNCIL
��,'► .� s`:` �ti NO. 3243
Y
��� og�G
E�Sii
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instn�me�t was acknowledged before me on this 8th day of March,
1993, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on .behalf of the
City. �
CAROLE A. HASEMAN
lqTAR�1 PUBI.ICi-#IIMIFJ�TA
HENNEPIN COUNTY �
Mv coM�,+ws��u�s ax►90 "�� ' � —��
Notary Public
STATE OF MIlVNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,1 a. � day of c. r a c�r , 199 `� , before me a Notary Public
within and for said County,personally appeaz .�. � . 'e r � ;�e d11. ' 'e r u rr, e�
I�own to me to be the person(s) described in and who executed tl�e foregoing instrument, and�a.c.� o�
acknowledged that he (they) executed the same as his (their) free act and deed.
�, LINDA S. VEE - a //��
NOTARY PUBLIC - MINN�SOTA 1�J U
HENNEPIN COUNTY
�;:;,�,. Mv commigs�or, e�i��e-�z-�a Notary Public
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On tlus day of �r� , 199� ,before me a Notary Public
within and for said County,personally appear�d
knawn to me to be the person(s) described in and who executed ttie foregoing instrument, and
acknowledged that he (they) executed the same as lus (their) free act and deed.
� : Notary Public
Page 4 of 4
r�.wos owa�o
. _ �
. ,
RESOLUTION #3243
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO ) � �
I Dorothy M. Hallin , City Clerk of the City cf Jrono , Hennepin
County , Minnesota , do hereby certify �that I have compared the
fore•going copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on March 8 , 19 93 , and that the same is a true
and correct copy of said resolution was duly adop�ed by said City
Couneil at said meeting.
In Witness Whereof � I have hereunto se�t my hand and seal this
llth , day of March , 19 93�
� .
.
. orothy. . Hallin, City Clerk
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�- C ITY OF ORONO
� � Street Address: Mailing Address: Telephone(952)249-4600
�. Gti 2750 Kelley Parkway P.O.Box 66 I Fax (952)249-4616
lq �, Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
kESH��
4 March 2013
Michael Finken
2684 Lydiard Ave
Excelsior, MN 55331
RE: Conditional Use Permit-Guest Apartment
Dear Mr. Finken
The City of Orono permits guest apartment uses via a conditional use permit(CUP). In 1993 the owners
of your property at the time, Peter&Jennifer L'Allier,applied for and received a CUP to allow the upper
level of the garage to be utilized as a guest apartment for family use. I have enclosed the approval
Resolution No. 3243 for your reference. The City Code and the listed conditions of approval clearly state
that the CUP is solely for the non-rental use of guests,family members and/or domestic help.
Furthermore,the resolution states that at such time when the property owners'family members ceased
to occupy the guest apartment the kitchen would be removed.
The City has recently become aware that the guest apartment at your residence, 2684 Lydiard Avenue,
may be being used as a rental/income property. This letter is a reminder to you that the guest
apartment is not to be rented. Additionally, please contact me at your earliest convenience to make an
application to amend the existing CUP approval of existing guest apartment to address the kitchen.
Please contact me at 952.249.4627 or by email at mcurtis@ci.orono.mn.us to discuss any questions you
may have or to make a CUP application.
Thank you,
CITY OF ORONO ,
�
Melanie Curtis
Planning&Zoning Coordinator
encl
Melanie Curtis
�rom: Melanie Curtis
�ent: Friday, April 19, 2013 4:15 PM
To: Tony Wittke
Cc: Correy Farniok; Christine Mattson
Subject: 2684 Lydiard - Illegal Rental of Guest Apartment
Attachments: 2684 lydiard_1.pdf; 2684 lydiard_2 resolution.pdf
Tony
As discussed, please take a look at the attached information for 2684 Lydiard Ave. We are trying to establish that the
property owner is RENTING the guest apartment above the garage. The guest apartment is to be used solely for non-
paying guests/family or domestic employees.
Also as discussed, I am working on getting the"renter"vehiele information. I believe the property owner drives a white
Lexus SUV and his girlfriend drives a beige/gold Lexus SUV so if there are other vehicles there they likely belong to the
renters.
Please let me know if you have questions and I will forward additional information as I receive it.
Melanie
Melanie Curtis
Planning &Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
�irect Dial: 952.249.4627
ax: 952.249.4616
Planning&Zoning Office 952.249.4620
Email: mcurtisC�ci.orono.mn.us
Website: www.ci.orono.mn.us
City of Orono Office Hours
Monday - Friday 8:00 am - 4:30 pm
1
Melanie Curtis
From: Tony Wittke
�ent: Wednesday, May 01, 2013 1:08 PM
To: Melanie Curtis
Still working on the rental case FYI. Patrol has not been able to get the renters inside yet.
'� Z�i��i���
� �����`' Oe�aM Priae Depa�r�aR
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1;'�;r,. 2�0 Iieit�,s Patic��
. ���,.' Or,ars,�8�6�ibA
9i�].�4Y.�t�"b0
Confidentiality Notice: This e-mail message,including any attachments is for the sole use of the intended recipient(s)and may contain confidential and
privileged information. Any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient,please contact the
sender by reply e-mail and destroy all copies of the original message.
1
ORONO P�LICE DEPARTMENT .
" INITIAL Cf1MPLAINT REPORT
cnsE Nu� a►�a�oRr� . �-+
i3-5828 MN0271500 . 05-i1-zO13 . L� �WENrLE REPORT� : �� �� �
E HOW R�'D TIME REPOR7� TIME ASSIGN� TIME AitRiV� " T1ME p���►�INCLUDE4 N .
518 � � 1731 1731 1731 ].742 . � �
O eHoros .
P���� � � • ❑ SQUAD VIDEO .
2684 Lydlard Ave, Orono � � � � � � . .
� ❑ •BOOIQNG VIpEO �
COMPLAINT ❑ AUDIO itE00RDINGS �
Renting O �aP�tm iwverrroRY
PC NAME Fkst Mld�e D.O.B SEX CNARCES
RP qty of Orono .
Cell e Work
2750 Kelley Parkway, Orono, MN SS356 952-249-4600
PC NAME i�8t D.0.8 SE% CHAROES �
WIT Grunditr, Lavonne Sharon F � �
ADDRESS Cell Ptbne Hortre Phaie Work Phone
2584 Lydiard Ave, Orono, MN 5533i unk unk unk
pC NAME FhBt Mlddle D.O.B SIX CHAR
SUS Finken, Michael Francls M
noot�s cdl Phone Ham Phor� work Phone
84 Lydiard Ave, Orono, MN 55331 unk unk . unk
i, Oi�cer IMttke was asked to stop at the above address� chedc whether the homeowner, Mlchael Finken was
renting the space above the garage. OPD had attempted rnntact a few tlmes prior to this day but was unsuccessful
flnding anyone home. As I was chedctng on th�s day I found the smaller garage stall door was open, a Honda
Accord in the driveway and a female in the garage,The Honda, MN L1c. 487-CRR re�lstered to aahn and Lavonne
Grundltr,
I approached the female who was painting in the garage,The female fntroduced herseif t� me as Lavonne. She said .
` she and her husband�ohn were r�en�ng above the garage. Lavonne toid me she found the ad on Gaigsilst and she �
icnew the house so she calied on it right away. Lavonne said they needed to downsfze from thefr place and thls was
a one bedroom. She said they'd been rerrting about one month. Lavonne said the place was pertect as it was close
to John's work. She said 3ohn was a Pastor at Calvary Church (office 952-471-8511). Lavonne said the homeowner
also travels a lot so they wili tend to the homeowners cats,
I d(d not advise Lavonne that the homeowner was in vlolatlon by ren�ng�e space to her and John, I cleared. �
i �
�
1
DISPOSITIOPt: UNFOUNDED ❑ CLEARED SY ARRE5T ❑ itEF.OTHER AGENCY ❑ INACTNE ❑ OTHER �D�� �KN�,) �
3 '
i �T0: CO ATTORNEY❑ CITY AT7Y ❑ COURT ❑ IMP CONS ❑ PiATE IMPOUND ❑ OUTSIDE AGENCY ❑ OTHER �j� � I
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OFFICER NAME LOGIS SQ7"S i �
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C ITY OF ORONO
,� Street Address: Mailing Address: Telephone(952)249-4600
'f�, G� 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616
l,q t�, Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
'�ESHO�
illune 2013
Michael�Finken Certified Mail No. 7007 0220 00001989 5004
2684 Lydiard Ave
Excelsior, MN 55331
RE: Iliegal Use-Guest Apartment
Dear Mr. Finken
This letter will follow up my March 4, 2013 letter to you regarding the use of the guest apartment within
your home at 2684 Lydiard Avenue. As you are aware,the City of Orono permits guest apartment uses
via a conditional use permit(CUP). In 1993 a CUP was granted to allow the upper level of the garage to
be utilized as a guest apartment for family use. The City Code and the listed conditions of approval for
' the CUP clearly state that the CUP is solely for the non-rental use of guests,family members and/or
domestic help.
You and I spoke not long after my March 4 letter regarding the necessary amendment to the CUP to
� discuss the continued existence of the kitchen as addressed within the CUP. To date you have not
followed up with me on this matter by making an application for the CUP amendment. Please note,
failure to�omply with the conditions of the CUP may result in revocation of the CUP.
The City has recently become aware th�t the guest apartment at your home is being used as a
rental/income property. This letter will serve as your official notification that you must discontinue the
illegal use of the guest apartment by or before Monday July 1,2013. If you fail to comply with this
�_ notice this matter will be forwarded to the City Attorney for review and may result in criminal
prosecution.
Please contact me at 952.249.4627 or by email at mcurtis@ci.orono.mn.us if you have questions on this
matter. Your cooperation is appreciated.
Thank you,
CITY OF ORONO
. . •
����
C��`��:�d
Melanie Curtis
Planning&Zoning Coordinator
c: US Mail
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/rnportent Rem/nder�;
■ CerttNed Mail may ONLY be combined wrrih Flrst-Class WIa�1�or Priority�ulail�.
■ Certlfied Mail is not available for any class of intematlonal mail.
■ NO INSURANCE COVEqqCiE IS PAOVIDED writh Certified Ma,il. For
valuebles,Please Consider Insured or Registered Mall.
■ For an addidonaGfee,a Retum Rerae!p t may be requested to rovide prbof pf
de8very.To obtaln Retum Receipt servk;e,please�P���a��a Retum
Recetpt(PS Fortn 3811�to the article aad add applicable postage to cover the
fee.Endorse mailpiece Retum Receipt Requested'.To receive a fee evaivsr fpr
a duplicate retum receipt,a USPS�postrnark on your Cert'rfied Mail receipt fs
required.
■ For an additional fee, deiivery may be rp,str�ted to the addressee or
addresSee's authorized agent.Advlse the cleiic or mark the mailpiece with the
endorsement ResMctedDell►rey� -
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IMPORTANT:Save ihls recetpt and presen{It whea making an Inquiry.
PS Fortn 3800,August 2006(Re�reiael PSN 7530-02-OOo-9047
I
Melanie Curtis
From: Melanie Curtis
3ent: Wednesday, June 26, 2013 4:16 PM
To: Soren Mattick
Subject: Illegal guest apartment- History
Attachments: CUP#1796 - Reso#3243.pdf; Finken Response.pdf; Police Report 5-11-2013.pdf; Rental Info
& Photos.pdf; Violation Letter 04-03-2013.pdf; Violation Letter 06-11-2013 - mailed
certified.pdf
Soren please see the attached background on the violation at 2684 Lydiard Ave—guest apartment. Please review and
tell me how we should proceed.
Melanie
Code sections:
Sec. 78-328. -Conditional uses.
Within any LR-1 B one-family lakeshore residential district, no structure or land shall be used for the
following uses except by conditional use permit:
(1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:
a. All principal buildings are located at least 100 feet from any adjacent property zoned for
residential use; and
b. All accessory buildings and structures more than six feet in height are located at least 50 feet
from any adjacent property zoned for residential use.
(2) Guest houses and nonrental guest apartments.
a. Guest houses, provided that:
1. The lot is at least two times the minimum lot area required by this section; and
2. The guest house is for the sole use of the occupants of the principle dwelling, including their
domestic employees and nonpaying guests.
b. Guest apartments with exterior ingress and egress, provided that:
1. The application for a guest apartment adequately addresses the concerns of parking,
sewage treatment, exterior access method, and interior access method;
2. There is at least one access door to the apartment from inside the principal dwelling and this
door is the primary means of accessing the apartment;
3. The guest apartment does not have a separate address;
4. The guest apartment's utilities are not metered separately from the principal dwelling; and
5. The guest apartment is for the sole use of the occupants of the principal dwelling, including
their domestic employees and nonpaying guests.
Melanie Curtis
Planning &Zoning Coordinator
:ity of Orono
L750 Kelley Parkway
Orono, MN 55356
1
r July 1,2013
Melanie Curtis ��C
City of Orono ��� ��`�
2750 Kelley Parkway C�� J9 Q
Orono, MN 55356 O,� �OI�
A'4'O
RE: Illegal Use—Guest Apartment ���9
Dear Ms.Curtis
In response to your letter dated March 4, 2013 the guest apartment within my house is not being used
as rental/income property. The couple that lives in the apartment is a local pastor and wife that are 1)
guests in my home and 2) provide domestic services to assist me in maintaining my home and property.
The CUP specifically states that the guest apartment can be used for guests, family members or
domestic help.
In the matter of the CUP amendment pertaining to the kitchen I would be glad to work with you to
amend the document if there is no cost to me. My signature is not on this CUP and,therefore, I feel that
I am not liable or responsible for this agreement between the previous owner and the City of Orono. If I
was made aware of this CUP prior to closing I assure you that I would have never bought the home. If
you wish to pursue this matter I would suggest you contact the previous owner who did sign the
agreement.
I sincerely hope that this brings an end to this matter. Further pursuance will force me to involve my
attorney to seek legal action to stop this harassment from the City of Orono and 1im/1an Berg who I
know are behind this.
G ` II�-�����
Michael F. Finken
2684 Lydiard Ave
Orono, MN 55331
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C ITY OF ORONO
� �„ Street Address: Mailing Address: Telephone(952)249-4600
y�, � 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616
�,q �,�' Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
kFSHo�
21 August 2013
Michael Finken SENT VIA U.S.CERTIFIED MAII NO.:
2684 Lydiard Ave 7007 0220 00001989 0139
Excelsior, MN 55331
RE: Illegal Use-Guest Apartment
Dear Mr. Finken
This letter will follow up my June 11, 2013 letter to you regarding the illegal rental of the guest
apartment within your home at 2684 Lydiard Avenue.
The City has received confirmation from your tenants that they do indeed rent the guest apartment.
This letter will serve as your final notification that you must discontinue the illegal use of the guest
apartment by or before Friday,August 30, 2013. If you fail to comply with this notice this matter will be
forwarded to the City Attorney for review and may result in criminal prosecution.
Please contact me at 952.249.4627 or by email at mcurtis@ci.orono.mn.us if you have questions on this
matter. Your cooperation is appreciated.
Thank you, �
CITY OF ORONO
�
Melanie Curtis
Planning&Zoning Coordinator
c: US Mail
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Melanie Curtis ��F 3���J
City of orono �Rp
2750 Kelley Parkway N�
Orono, MN 55356
RE: Illegal Use—Guest Apartment
Dear Ms. Curtis
In response to your letter dated August 21, 2013 my guest apartment within my house is not being used
as rental/income property. I spoke to my domestic help and they have indicated that they have not
spoken to you or anyone else concerning this matter. I suspect that your confusion lies in the fact that
these people do not pay me but, in fact, I pay them for domestic services performed and have the
� cancelled checks to prove it. I have a very large home and cannot properly maintain it myself without
their help with the gardening, landscaping, housekeeping, pet care, etc.
I sincerely hope that this brings an end to this matter. Further pursuance will force me to involve my
attorney to seek legal action to stop this harassment from you and the City of Orono.
'���� � - - - __ - _ __
; .� : _ _ _ -___
Michael F. Finken
2684 Lydiard Av�
Orono, MN 55331
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CAMPBELL KNUTSON
Attorneys at Law
Suite 317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121 �(�E�V�D
(651)452-5000
FAX(651)452-5550 FEB � 3 2014
C�7'Y OF ORONO
COMPLAINT COVER SHEET
DATE: February 11, 2014
TO: Melanie Curtis, Planning and Zoning Coordinator
FROM: Katie Russell
Campbell, Knutson, P.A.
1380 Corporate Center Curve, Suite 317
Eagan, Minnesota 55121
Direct Dial: (651) 234-6212
RE: Attached Formal Complaint Michael Finken—2684 Lydiard Avenue
DATE: February 11, 2014
TO: Melanie Curtis, Planning and Zoning Coordinator
Please review the attached complaint for accuracy. If the complaint meets with your approval,
please sign the complaint before a notarv public and return the original to my attention for
�ling with Hennepin County.
If corrections are needed,please indicate on the complaint and return the same to me or call me
directly at (651) 234-6211.
You may retain this cover sheet with the attached copy of Complaintg for your records. Thank
you.
Katie
� �, �
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STATE OF NIINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CRIIVIlNAL DIVISION
STATE OF MINNESOTA Court File Number:
(City of Orono),
Plaintiff,
COMPLAINT–SUMMONS
v. FOR NIISDEMEANOR
Michael Finken
2684 Lydiard Avenue
Orono, MN 55331,
Defendant.
The Complainant,being duly swom, makes complaint to the above-named Court and states that
there is probable cause to believe that the Defendant committed the following offenses:
Count 1
� Charge: Conditional Use Permit—Guest Apartment for pomestic Employees
In Violation of: Orono City Code § 78-328(2)(b)(5)
Penalty: 0-90 days in jail and/or$1,000 fine
On or about Mazch 1, 2013, in Hennepin County, Minnesota,the Defendant Michael
. Finken,being the owner of real property located at 2684 Lydiard Avenue, Orono, Minnesota, in
Hennepin County,used the guest apartment at said real property for domestic employees without
appl�ing for a conditional use permit.
Count 2
Charge: Illegal Use—Guest Apartment for Paying Guests
In Violation of: Orono City Code § 78-327(4)
Penaity: 0-90 days in jail and/or$1,000 fine
On or about March 1,2013, in Hennepin County, Minnesota,the Defendant Michael
Finken,being the owner of real property located at 2684 Lydiard Avenue, Orono,Minnesota, in
Hennepin County,used the guest apartment at said real property for paying guests.
State of Minnesota(City of Orono)v.Michael Finken
STATEMENT OF PROBABLE CAUSE
Melanie Curtis, Planning and Zoning Coordinator for the City of Orono, in Hennepin
County, Minnesota,being duly swom,makes Complaint to the above-named Court and says that
she believes this information, and other persons from whom it is obtained,to be reliable and that
� . there is probable cause to believe that the above-named Defendant committed the offenses
described below. The Complainant states that the following facts establish probable cause:
Defendant is the owner of real property located at 2684 Lydiard Avenue, Orono,
Ivlinnesota ("the subject properly"). The subject property is located inside the Orono city limits
in Hennepin County and is zoned as part of the LR-1B one-fanuly lakeshore residentia.l district.
The subject property contains a guest apartment located above the garage.
In 1993,the owners of Defendant's property, Peter and Jennifer L'Allier, applied for and
received a conditional use permit, Resolution No. 3243, in compliance with Orono City
Code § 78-328(b)(2)to allow the upper level of the gazage to be utilized as a guest apartment for
family use. The permit was granted on the condition that when the family no longer used the
apartment,the property owners would be required to apply for a building permit to make the
necessary alterations to the structure so that the kitchen area within the apartment unit would be
removed. In addition,the property owners were prohibited from installing exterior second floor
access stairs at the rear of the attached gazage structure. Resolution No. 3243 specified that the
conditional use permit would only be in effect while the family members continued to reside in
the apartment. The family members of the applicants no longer reside in the apartment. Based on
the foregoing,the conditional use permit issued to Peter and Jennifer L'Allier has expired.
Defendant purchased the subject property from the L'Alliers in 2008. On or about March
1,2013,City inspectors become aware that Defendant was using the guest apartment for
� � domestic employees without applying for a conditional use pernut in violation of Orono City
Code § 78-328(2)(b). Additionally, Defendant was using the guest apartment for paying guests in
violation of Orono City Code § 78-327(4). On March 5, 2013, an online posting on the website
LiveLovely.com listed the guest apartment at Defendant's residence as available for rent for
� $1,200 per month. On Mazch 4,2013,the City mailed Defendant a letter notifying him that the
subject property was not in compliance with the Orono City Code and instructed Defenda.nt to
bring the subject property into compliance by applying for a conditional use permit.
On May 11, 2013, the Orono Police Department visited the subject propertyand spoke
with Ms. Lavonne Grunditz who claimed she and her husband were renting the guest apartinent
above the garage. The officer observed a Honda Accord parked in the driveway of the subject
property and confirmed that it was registered to Mr. John and Mrs. Lavonne Grunditz. Ms.
Grunditz stated that she found the ad on Craigslist and that she had been renting for about one
month. Ms. Grunditz stated that she and her husband tend to Defendant's cats when Defendant is
traveling.
� . 2
State of Minnesota(City of Orono)v.Michael Finken
On June 11, 2013,the City sent Defendant a second letter notifying him the guest
apartment at the subject property would not be in compliance with Orono City Code § 78-
328(2)(b)until Defendant applied for and received a conditional use permit. Additionally, the
letter notified Defendant that the guest apa.rtment was also in violation of Orono City Code § 78-
327(4) since it was being used to obtain rental income from paying guests. The letter instructed
Defendant to discontinue the illegal use of the guest apartment by or before Monday July l,
2013, and that failure to do so may result in criminal prosecution.
On August 21, 2013,the City sent Defendant a third letter regarding the code violations
pertaining to the Defendant's guest apartment. The letter stated that the City had confumed that
the tenants do indeed rent the guest apartment. The letter served as his fmal notification to
remedy the code violation. The letter advised the Defendant to discontinue the use of the guest
apartment by or before August 30, 2013, and that failure to do so may result in criminal
prosecution.
3 �
State of Minnesota(City of Orono)v.Michael Finken
THEREFORE, Complainant requests that said Defendant, subject to bail or conditions
of release be:
(1) arrested or that other lawful steps be taken to obtain Defenda.nt's appeazance in
court; or
(2) detained, if already in custody,pending further proceedings; and that said
Defendant otherwise be dealt with according to law.
Complainant, Melanie Curtis
This Complaint was subscribed and sworn to before the undersigned this day of
,2014,by Melanie Curtis, Planning and Zoning Coordinator for the
City of Orono, on behalf of the City.
Name:
Title: Notary Public
Signature
(Sea1)
Being duly authorized to prosecute the offense(s) charged, I hereby approve this
Complaint.
Dated: �Zf.c.E'� ,�� , 2014 By:
� /i,
Alina Schwartz#033927
Assistant Orono City Attomey
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
4
State of Minnesota(City of Orono)v.Michael Finken
FINDING OF PROBABLE CAUSE
From the above sworn facts, and any supporting affidavits or supplemental swom
testimony, I have deternuned that probable cause exists to support, subject to bail or conditions
of release where applicable, Defendant's arrest or other lawful steps to be taken to obtain
Defendant's appearance in Court, or detention, if already in custody,pending further
proceedings. The Defendant is therefore charged with the above-stated offense(s).
SUMMONS
- THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY
SUMMONED to appear on:
the day of , 20_, at o'clock .m. at Hennepin County
District Court(4�'Judicial District), Division III-Ridgedale, 12601 Ridgedale brive,
Minnetonka, Minnesota 55305, to answer this Complaint.
IF YOU FAIL TO APPEAR in response to this Summons, a warrant for your arrest
may be issued.
This Complaint-Summons duly subscribed and sworn to, is issued by the undersigned
authorized Judicial O�cer this day of , 2014.
Judge of District Court
Sworn testimonv has been�iven before the Issuing Officer bv the followin�witnesses•
5
Christine Mattson
�rom: Katie Russell [KRussell@ck-law.com]
.�ent: Wednesday, March 19, 2014 2:34 PM
To: Christine Mattson
Subject: Updates
Hi Christine—
The case at 2684 Lydiard Ave is for Michael Finken, and it is set for Arraignment on 4/11/13 at 8:30 a.m.
The Charles Henke matter has been set for an Evidentiary/Morrissey hearing on May 22, 2014 at 2:30 p.m.
Please let me know if you need any further information.Thanks!
Ka�i,�RwsyeU.
Legal Assistant
Campbell Knutson, PA
1380 Corporate Center Curve - Suite 3ll
Eagan, MN 55121
651-234-6211
1
KELLY LAW OFFICES =---
�.,r�,nr.,n��d iya��
3S1 tifiCONI) S'CRh'E'I'
h:XCEI.SIOR, MINNf'.SU'I'A SS331
MANK W. KELLY (9S2)474-5977
�1i11.I.lAM F. K1?L1,Y (1922-199�) PAA �17�1-9S7S
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May 8, 2014 MA� �
C� 9�014
Melanie Curtis ��O���Q
Planning and Zoning Coordinator
City of Orono
PO Box 66
Crystal Bay, MN 55323
Re: 2684 Lydiard Avenue, Excelsior, MN 55331
Dear Ms. Curtis:
I represent Michael Finken, the owner of the above property. You have
corresponded with Mr. Finken regarding a 1993 CUP issue by the City for a guest
apartment and have asked that Mr. Finken make application to amend the
existing CUP so as to address the kitchen therein.
It appears that since 1993, this City Zoning Code has been amended. Please
confirm that the attached copies - printed from your website - of Section 78-326
Purpose, Section 78-327 Permitted Uses, and Section 78-328 Conditional Uses,
are true and correct.
It appears that under Section 78-327(4), Nonrental Guest Apartments (no
exterior ingress and egress) are a permitted use in this zone.
It would also appear that the Finken apartment meets that definition and does
not require a Conditional Use Permit under Section 78-328(2)(b). In fact, the
two sections appear to be virtually identical with no significant distinguishing
difference.
Obviously, a perm.itted use cannot also be a Conditional Use.
I look forward to your advice on this matter.
Sincerely,
-�� ���/
Ma'rk W. Kelly
Mw�:�cas
cc: Finken
Sec. 78-326. Purpose.�V
The LR-1B one-family lakeshore residential district is intended to provide a district which will
allow a combination of inedium-density residential developments and limited agricultural
activity. Planned residential developments may be allowed by conditional use permits. The
proposed land use may not endanger the quality of stormwater runoff into Lake Minnetonka or
Long Lake. Because of the location of the district near Lake Minnetonka or Long Lake, special
regulations are necessary to protect these natural resources from the effects of dense
development. This district shall have immediate access to highways and public sanitary sewer.
(Code 1984, § 10.24(1))
-:>;
Sec. 78-327. Permitted uses:�
Within the LR-1B one-family lakeshore residential district, no land or structure shall be used
except for one or more of the following uses:
(1)
City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
a.
All buildings are located at least 50 feet from any adjacent property zoned for residential use.
b.
The architectural design of the structure is found to be compatible with the surrounding area.
c.
If the city proposes amendment to the approved design plans or the placement of the structure,
notice of the proposed changes shall be mailed to all property owners within 350 feet of the
parcel on which the structure is to be located. If the proposed structure is to be located within a
public right-of-way,property owners within 350 feet of the structure shall be mailed notice of the
proposed changes.Notice sha11 be mailed at least 14 days before the council meeting at which
the amended plans will be considered.
�2)
Gardens.
(3)
Municipal buildings.
(4)
Nonrental guest apartments(no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including
their domestic employees or nonpaying guests. T'he only means of ingress or egress to the
apartment sha11 be from within the principal structure. Application for such a guest apartment
shall address the concems of parking, sewage treatment, entryway and interior access method.
Such apartments shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
(5)
One-family detached dwellings.
(6)
Publicly owned parks and playgrounds.
(Code 1984, §§ 10.20(2), 10.24(2); Ord.No. 44 3rd series, § 4, 2-25-2008; Ord. No. 82 3rd
series, § 1 l, 12-13-2010; Ord.No. 90 3rd series, § 5, 12-12-20�1�–
State law reference—State mandated permitted uses, Minn. Stat. § 462.357, subd. 7.
,ysr.
Sec. 78-328. Conditional uses.�
Within any LR-1B one-family lakeshore residential district,no structure or land shall be used for
the following uses except by conditional use permit:
(1)
Golf courses, country clubs, tennis clubs,non-profit camps, and religious camps,provided that:
a.
All principal buildings are located at least 100 feet from any adjacent property zoned for
residential use; and
b.
All accessory buildings and structures more than six feet in height aze located at least 50 feet
from any adjacent property zoned for residential use.
�2)
.. , ..
Guest houses and nonrental guest apartments.
a.
Guest houses,provided that:
1.
T'he lot is at least two times the minimum lot area required by this section; and
2.
The guest house is for the sole use of the occupants of the principle dwelling, including their
domestic employees and nonpaying guests.
b.
Guest apartments with exterior ingress and egress,provided that:
1.
The application for a guest apartment adequately addresses the concerns of parking, sewage
treatment, exterior access method, and interior access method;
2.
There is at least one access door to the apartment from inside the principal dwelling and this door
is the primary means of accessing the apartment;
3.
The guest apartment does not have a separate address;
4.
The guest apartment's utilities are not metered separately from the principal dwelling;and
5.
The guest apartment is for the sole use of the occupants of the principal dwelling, including their
domestic employees and nonpaying guests.
(3)
Keeping of farm animals for noncommercial purposes and for the use of the occupants of
premises,provided that:
Christine Mattson
�ubject: Finken - pre-trial
_ocation: Ridgedale
Start: Fri 5/9/2014 8:30 AM
End: Fri 5/9/2014 12:00 PM
Show Time As: Tentative
Recurrence: (none)
Meeting Status: Accepted
Organizer: Melanie Curtis
Required Attendees: Christine Mattson
Hi Melanie,
On April 11, 2014 we had an arraignment(first appearance) in the above matter. Mr. Finken hired an attorney, Mark
Kelly, and filed a waiver of appearance. In short, his attorney did not discuss the case but rather entered a not guilty
plea and set the matter for a pre-trial. At this point the case is set for a pre-trial on May 9, 2014 at 8:30 a.m. at
Ridgedale.
Please let me know if you have any updates.
�hanks,
Alina Schwartz
CAMPBELL KNUTSON,P.A.
Suite 317
Eagandale Office Center
1380 Corporate Center Curve
Eagan,MN 55121
(651)234-6220
aschwartz(a�ck-law.com
1
Melanie Curtis
From: Melanie Curtis
�ent: Monday, May 12, 2014 8:55 AM
To: 'Alina Schwartz'
Cc: Soren Mattick
Subject: Michael Finken: Mark Kelly letter
Attachments: admin@ci:orono.mn.us_20140512_082239.pdf
Alina
It was not clear if Kelly sent a copy of this letter to you.
When we received the initial complaints they also indicated there is a staircase inside the garage
which leads directly to the apartment. This scenario would require the CUP per our Code. There is no permit history in
the file supporting this staircase. I spoke with Lyle Oman this morning and he has no knowledge of the stair. We'd need
to convince the judge to allow an inspection I assume? You're right though, it does not negate the illegal use/rental part
of this.
Although..... I find it difficult to believe that there isn't a stair because who would rent an apartment from or to non-
family that requires the tenant to access through the home???
Melanie
Melanie Curtis
Planning &Zoning Coordinator
Cfty of Orono
2750 Kelley Parkway
Orono, MN 55356
Dlrect Dial: 952.249.4627
Fax: 952.249.4616
Plannin�8r Zonin�Offlce 952.249.4620
Email: mcurtisCc�ci.orono.mn.us
Website: www.ci.orono.mn.us
1
Melanie Curtis
From: Melanie Curtis
ient: Monday, May 12, 2014 2:52 PM
To: 'Alina Schwartz'
Cc: Soren Mattick
Subject: RE: Michael Finken: Mark Kelly letter
Attachments: admin@ci.orono.mn.us_20140512_082239.pdf
Alina
I also forgot to ask you in my previous email how I should respond to Mr. Kelly.
Melanle Curtis � 952.249.4627 � mcurtis@ci.orono.mn.us
From: Melanie Curtis
Sent: Monday, May 12, 2014 8:55 AM
To: 'Alina Schwar�'
Cc: Soren Mattick
Subject: Michael Finken: Mark Kelly letter
Alina
It was not clear if Kelly sent a copy of this letter to you.
When we received the initial complaints��they also indicated there is a staircase inside the garage
which leads directly to the apartment. This scenario would require the CUP per our Code. There is no permit history in
the file supporting this staircase. I spoke with Lyle Oman this morning and he has no knowledge of the stair. We'd need
to convince the judge to allow an inspection I assume? You're right though, it does not negate the illegal use/rental part
�f this.
Although..... I find it difficult to believe that there isn't a stair because who would rent an apartment from or to non-
family that requires the tenant to access through the home???
Melanie
Melanle Curtis
Planning &Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Direct Dial: 952.249.4627
Fax: 952.249.4616
Plannfng 8E Zoning Offlce 952.249.4620
Email: mcurtis@ci.orono.mn.us
Website: www.ci.orono.mn.us
1
KELLY LAW OFFICES
Estnhlished 19-1�'
ss� secoNu s�rKH:r�i�
LXCGLtiIOR, MINNEtiO'CA 55331
MARK W. KFs1.1.Y (9S2) d74-5)77
WILLIAM 1�. KI?LL.Y (1922-]995) 1'A� 474-JP7;
R �,
����,M���O
June 3, 2014 C �U��s `5.<;d��4
��F��
��o
Melanie Curtis
Planning and Zoning Coordinator
City of Orono
PO Box 66
Crystal Bay, MN 55323
Re: 2684 Lydiard Avenue, Excelsior, MN 55331
Dear Ms. Curtis:
On May 8rh, I wrote you on the above matter. At that time, I observed that the
Zoning Code of the City had been modified since 1993 when a CtiP was then
issued. It would appear that the new code specifically authorizes, as a
permitted use, an apartment such as Mr. Finken's home is host to.
I look forward to hearing from you as soon as possible.
Sincerely,
�_�"���--'�
Mark W. Kelly
MWK/tas
cc: Finken
Melanie Curtis
From: Melanie Curtis
�ent: Tuesday, June 03, 2014 8:25 AM
fo: 'Alina Schwartz'
Cc: Soren Mattick
Subject: RE: Michael Finken: Mark Kelly letter
Attachments: admin@ci.orono.mn.us_20140512_082239.pdf
Alina
How should I respond to Mr. Kelly's letter(attached)?
Melanie Curtis � 952.249.4627 � mcurtis@ci.orono.mn.us
From: Melanie Curtis
Sent: Monday, May 12, 2014 8:55 AM
To: 'Alina Schwartz'
Cc: Soren Mattick
Subject: Michael Finken: Mark Kelly letter
Alina
It was not clear if Kelly sent a copy of this letter to you.
When we received the initial complaints they also indicated there is a staircase inside the garage
which leads directly to the apartment. This scenario would require the CUP per our Code. There is no permit history in
the file supporting this staircase. I spoke with Lyle Oman this morning and he has no knowledge of the stair. We'd need
to convince the judge to allow an inspection I assume? You're right though, it dces not negate the illegal use/rental part
�f this.
Although..... I find it difficult to believe that there isn't a stair because who would rent an apartment from or to non-
family that requires the tenant to access through the home???
Melanie
Melanie Curtis
Planning &Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Direct Dial: 952.249.4627
Fax: 952.249.4616
Plannlnq&Zonin�OHlce 952.249.4620
Email: mcurtisCa4ci.orono.mn.us
Website: www.ci.orono.mn.us
1
Melanie Curtis
�rom: Melanie Curtis
�ent: Wednesday, June 04, 2014 12:52 PM
To: ASchwartz@ck-law.com
Cc: Soren Mattick
Subject: Finken
Attachments: admin@ci.orono.mn.us_20140604_123548.pdf
I received this letter today from Mark Kelly. I'd like your feedback on how to respond.
Thank you, Melanie
Melanie Curtis, Planner �
Direct 952.249.4627
Planning &Zoning Office 952.249.4620
Email: mcurtis ci.orono.mn.us
Website: www.ci.orono.mn.us
Summer Office Hours: May 19 through August 29, 2014
Monday through Thursday: 7:30 am to 5 pm &Fridays: 7:30 am to 11:30 am
1
�-��o
C ITY OF ORONO
� � Street Address: Mailing Address: Telephone(952)249-4600
y�, � 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616
!,9 �,�' Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
KESHO�
10 June 2014
Mark W. Kelly
351 Second Street
Excelsior, MN 55331
RE:2684 Lydiard Avenue
Dear Mr. Kelly
I am responding to your May 8, 2014 letter regarding the illegal rental of the guest apartment within
Michael Finken's residential home at 2684 Lydiard Avenue.
On May 11, 2013 the City confirmed that tenants John and Lavonne Grunditz are renting the guest
apartment. Additionally,the City believes that there is a staircase which provides access directly to the
above garage guest apartment. Both of these items violate the City Code. Upon confirmation from you
that neither of the two above conditions exist the City will consider closing the violation file. In order for
the file to be closed,the City inspector must be permitted access in order to inspect the garage/guest
apartment to verify there is no secondary egress.
Please contact me at 952.249.4627 or by email at mcurtis@ci.orono.mn.us if you have questions on this
matter.
Thank you,
CITY OF ORONO
�. �
Melanie Curtis
Planning&Zoning Coordinator
c: Michael Finken, 2684 Lydiard Ave, Excelsior, MN 55331
KELLY LAW OFFICES
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June 18, 2014 �UN �
9 2014
CITY OF ORONO
Melanie Curtis
Planning and Zoning Coordinator
City of Orono
PO Box 66
Crvstal Bav, MN 55323 Post and Fax 952 249 4616
Re: 2684 Lydiard Avenue, Excelsior, MN 55331
Dear Ms. Curtis:
I write in response to your letter of June 10, 2014. Therein you state that "the
City believes that there is a staircase which provides access directly to the above
guest apartment." Your observation does not acknowledge that the referenced
stair is wholly within the dwelling and not exterior thereto. Your letter also does
not address the code elements under Orono Code Sections 78-326 and 78-328.
In reviewing this matter please recognize that the Finken guest apartment meets
the definition of a permitted use under 78-326(4). The upper level apartment
can only be accessed from "within the principal structure", the interior of the
Finken dwelling. There is no means by which to access the apartment
independent of first gaining access to the Finken dwelling; there is no exterior
door of the apartment that opens to the outside world.
Tr? �par•tmer_t sirc ��,nve thP �ara�P l�ut wh�llv within the dwelling. It is not a
separate accessible dwelling unit, nor a part of a separate f'ree standing
accessory structure. No address can be assigned it by the post office. In
comparison, a Conditional Use Permit guest apartments (Section 78-328) has an
independent exterior access. My client believes the apartment within his
dwelling meets the definition of a legal permitted use under City of Orono Code
Section 78-328(2)bl.
I look forward to your determination on this matter. If the determination is
adverse, an appeal to the Board of Appeals and Adjustments will follow.
Sincerely,
1'��_
-�, -�— J
Mark W. Kelly �
MWK/tas
cc: Finken
p.1
KELLY LAW QFFIC�S
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FACStMILE COVER LETTER
The information contained in this facsimile message is legally�rivileged and confidential
information intended solely for the use of the persons or entities named below. If you are
not such persons or entities, you are hereby notified that any distribution, disseminatian
or reproduction of this facsimile message is strictly prohibited. If you have received this
message in error, please immediately call us collect at(952)474-5977.
DATE: June 18, 2014
PLEASE DELIVER THE FOLLOWING PAGES TO: MEl.ANIE CURTIS
FAX NUMBER: 952 249 46I6
FROM: Mark W. Keffy
We are transmitting _1 pages, which includes this cover letter.
X Origirral wil� follow.
, Original will not follow.
(f transmission is incomplete for any reason, please calf (952) 474-5977.
NOTES: 2684 Lydiard Avenue, Orono, Minnesota;Finken residence
p.2
KELLY LAW OFFICES
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June 1 S, 2014
Melanie Curtis
Planning and Zoning Coordinator
Cit�� of Orono
PO Sox 66
Crystal Bay, MIV 55323 Post and �ax 952 249 4616
Re: 2684 Lydiard Avenue, Excelsior, MN 55331
Dear Ms. Curtis:
I write in response to your letter of June ld, 2014. Therein 3��ou state that "the
City believes that �here is a staircase which provides access directly to the above
guest apartment." Your observation does not acknou�ledge that the referenced
stair is��holly within the dwelling and not exterior thereto_ Your letter also does
not address the code elements under Orono Code Sections 78-326 and 78-328.
In revie��ing this rnatter please recognize that the Finken guest apartment meets
�he definition of a permitted use under 78-326(4). The upper level apartment
can only be accessed from `'��vithin the principal structure", the interior of the
Finken dwelling. There is no means by which to access the apartment
independent of first gaining access to the Finken dwelling; there is no exterior
door of the apartment that opens to the outside world.
The apartment sits above the garage but wholly within the du-elling. It is not a
separate accessible d�uelling unit, nor a part of a separate free standing
accessor_y structure. IVo address can be assigned it by the post office. In
comparison, a Conditional Use Permit guest apartments (Section 78-328) has an
independent exterior access. lVfy client believes the apartment v�rithin his
dwelling meets the definition of a legal permitted use under Cityo uf�rono Code
Section 78-328(2)b1.
I look forv��ard to vour determination on this matter. If the determination is
adverse, an appeal to the Board of Appeals and Adjustments will follow.
Sincerely,
..�.,l����j�.
Mark V�7. Ke11y !
MVVK;tas
cc: Finken
KELLY LAW OFFICES
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June 24, 2014 R
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JuN�`���14
Melanie Curtis C/�,
Planning and Zoning Coordinator ���R�NO
City of Orono
PO B�x 66
Crystal Bay, MN 55323
Re: 2684 Lydiard Avenue, Excelsior, MN 55331
Dear Ms. Curtis:
It was agreed Friday with City Attorne_y Schwartz that a physical inspection of
the apartment to inform the City of its actual ingress and egress arrangement is
• appropriate.
I propose to meet you on a day certain to view the property. The purpose is
exclusively so you may understand there is not an exterior, independent, access
to the apartment, and also see that there is an interior connection between the
apartment and the house.
I expect this to be a five minute viewing. I will allow you and no one else into the
building. The length of the inspection will not be greater than necessary to
show the foregoing. The viewing will then end.
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Sincerely,
q ...� j��--�' G
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Mark W. Kelly
MWK/tas
cc: Finken
DATE TIME
CITY OF ORONO CALLED IN
INSPECTION NOTICE SCHEDULED =�`�.
PERMIT NO. COMPLEfED � �
ADDRESS 26�C} (,y���ft ✓,
JWNER TELEPHONE NO.
CONTRACTOR
� DESCRIPTION �NU�.GQ l�t�IO L�P�tI✓��'�'
�
� ❑ FOOTING ❑ PLUMBING FINAL O EXCAV/GRADING/FILUNG
� ❑ POURED WALL ❑ MECHANICAL RI p IAKESHORENVETLANDS
Q ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL
Z O INSULATION O WOOD BURNER/FIREPLACE ❑ SITE INSPECTION
Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS
� ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLA�WT
J ❑ DEMO-SITE � SEPTIC MAINT. ❑ FOLLOW-UP
_ ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL
J ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL
2 OWNERICONTRACTOR TO MEET Y�OU:_YES_NO
ti COMMENTS:
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W� ❑WORKSATISFACTOR�PROCEED ❑ PROJECT COMPLEfE
W ❑CORRECT WORK 8 PROCEED ❑ISSUE CERTIFICATE OF OCCUPANCY
� ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY
V BEFORECdVERING PERMANENT
❑CORRECT UNSAFE CONDITION WRHIN HOURS. p pHOTO TAKEN
INSPECTOR WILL REfURN
❑STOP ORDER POSTED.CALL INSPECTOR �CITATION ISSUED
❑INSPECTION REQUIRED.CALL TO ARRANGE ACCESS.
Ca11 for the next inspection 24 hours in advance. (952) 249-4600
OwnerlContractor on site:
Inspector: i�
White Copyllnspector's File Canary CopylSfte Notke
KELLY LAW OFFICES
Established 1948
351 SECOND STREET
EXCELSIOR, MINNESOTA 55331
MARK W. KELLY (952)474-5977
WILLIAM F. KELLY(1922-1995) FAX 474-9575
July 28, 2014 R�C�'V��
��� 2 9 2014
Melanie Curtis C'��F OR4N0
Plannin� and Zonin� Co�rdinator
City of Orono
PO Box 66
Crystal Bay, MN 55323
Re: 2684 Lydiard Avenue, Excelsior, MN 55331
Dear Ms. Curtis:
I wrote you June 24� on the above matter. As I then advised, it was agreed with
City Attorney Schwartz that a physical inspection of the apartment to inform the
City of its actual ingress and egress arrangement is appropriate.
I proposed to meet you on a day certain to view the property.
I have not had the courtesy of your reply. �
I still would like to schedule this to occur. Please advise, thank you.
Sincerelv,
_ '' �'---�•s�/
_��,�--
Mark W. Kelly
MWK/tas
cc: Finken