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Home My WebLink Aboutcorrespondence with homeowner re violations/variances, etc. �� ° � �� .;� ,�,��0_ _ �`�� _�� T �� c�� o�oNo ''''�,,� '�+ �r,:�—_�. �., ; M��s�ot�� ,� � '�' �� '�` 1�.. a-_�: 7 Posc oflice sox 66 \'� '�''�"��4's?�i F��r �~� Crysial Bay,vlinnesota 55323-0066 \�L�xL''$KO�� Novemi�er 20 , 1992 Sidney Brennan 1027 Linden Lane i�iound, MN 55364 Dear Mr. Brennan: In reviewing our files , it has come to this Department ' s attention that you have never filed an after-the-fact variance application for work done on your property in violation of City ordinances. The City notified you of these violations or. at least two occasions in 1990 . This letter is to •require you to remove the Niolations and restore the lakeshore in the 0-75' zone to its original state or to file a variance application with the required submittals before December la, 1992. If this deadline is not met, the City may initiate legal action. If you have any questions, contact Jeanne Mabusth or myself at the City offices . Sincerely, .. ,- � ^ ��c=' C�c.,�iy,�`.'— Lyle Oman Building Official LO/lsv cc: Jeanne Mabusth, Building & Zoning Administrator Bruce Vang, Building Inspector TELEPHOIYE-�373-7357 • F�\--173a1510 SIDNEY L. BRENNAN, JR. - •—,� �a ATTORNEY AT LAW 1013 FORD ROAD � -- MIIVNETOIVKA, MN 55343 TELEPHONE (612) 546-2455 FAX: (612) 546-3690 G E C � 8 :��9� December 16, 1992 Mr. Lyle Oman Building Official City of Orono PO Box t�b Crystal Bay, MN 55323-0066 Re: 1027 Linden Lane Dear Mr. Oman: I have received your December 15, 1992 fax. Your November 20, 1992, letter required me to remove the violations or restore the lakeshore to its original state. The tie walls, boathouse and stairs were all pre- existing. That was the conditicn of the property when I purchased it in 1983 . With the exception of adding some landscape fabic, landscape rock and stairs off the kitchen deck there was nothing that changed. In fact, concrete sidewalks and stairs in the 75' setback zone were removed which diminished the hardcover. Steps were added off the kitchen deck .partly as a concern for fire safety because there is no current exit off the main floor on the west side. The only exit is by the kitchen into the garage which could prove hazardous in the event of a garage fire. Your November 20th letter states that you want the violations removed. Please let me know what the violations are in order that I can make a ��i�a�. �cyara�r�y tsle�r �emoval. 1 wiil look forward to your response. Very uly yo , � �- �� SI� ` . , JR. SLB/cab � � O� O �\� _ O . �=�� CITY of ORONO � ��,�� t'�� '�� rj;7' � Municipel OFfices �� \ ., v, ::�� G�, Past OfBce Box 66 Crystal Bay.Minnesota 5532.3-OOfi6 ��kESH�g'� December 15, 1992 Mr. Sidney Brennan, Jr. 1013 Ford Road Minnetonka, Minnesota 55343 RE: 1027 Linden Lane Dear Mr. Brennan: The City requires permits for work done within the 75' setback zone. Replacing tie walls that have buckled, moving stairs from one area to another and constructing a deck may be reasonable but it requires approval. Staff cannot malce decisions on what has to be removed and what can remain. These decisions are made by the City Council through the variance process. Therefore, we again request you to file the variance application. Jeanne Mabusth can answer any questions you may have about the procedure. The City is in contact with your new neighbors and they are working with the previous owners to resolve the problems. Sincerely, �� C�- Lyle Oman Building Official cc: Jeanne A. Mabusth, Building&Zoning Administrator Bruce L. Vang, Building Inspector LO/lsv 1'ELEPHONE-473-7357�FAX-473-0510 r._. �"'_'-"--� � , r.;1` � � � SIDNEY L. BRENNAN, JR. ATTORNEY AT LAW 1013 FORD ROAD MINNETONKA, MN 55343 TELEPHONE (612) 546-2455 '`�'�" FAX: (612) 546-3690 [)E C 1� 5 `�� December 14 , 1992 Mr. Lyle Oman Building Office Cit� uf Grono PO Box 66 Crystal Bay, MN 55323-0066 Re: 1027 Linden Lane Dear Mr. Oman: I was surprised to receive your November 20 , 1992 letter. You and Jean were at my property to inspect it in 1990. I was waiting for some information from you regarding what, if anything, would have to be removed. You called my office on October 31, 1992 at 1: 10 p.m. I returned your call on November lst at 4: 25 p.m. and November 8th at 2: 10 p.m. I have not heard from you since that date; therefore, I assumed you felt my property was in compliance. Since your visit in 1990, I have removed the plastic and installed a breathable lawnscape fabric under the rock. I showed you the pictures of the property when I purchased the property which showed the pre-existing landscape tie walls, steps and boathouse. I explained that after the rain in 19R7 �hF t�� r;�??� r�.:�.,�y�u urlu =„;er� re�uii�:. The steps on the north side of the property from the top of the hill to the lake were removed and installed in the center over the existing concrete steps to the boathouse. As you will recall, I removed all of the old residence which was, almost 90%, within the 75' setback zone. If you wanted the 75' setback zone restored to its original state, I would have to add a considerable amount of hardcover. _ '�• December 14, 1992 Mr. Lyle Oman Page Two (2) I am aware of problems which exist on my neighbors properties concerning the 75' setback zone. I refuse to participate in selective code enforcement. To bottom line it, I would like to know what exactly you want removed from my property. May I please hear from you regarding this. Very ruly,�your ; ^.� rJN L. 8 � TNAIv', J't2. SLB/cab c�TY� o�oNo pwt omo.eoi e�•cry.w e.r��u....N.ea�a•N..+i�l oe6u. • • • • • On the North Shoro o/Lakt�Itinntton�s September 24, 1990 Sidney Brennan 1027 Linden Lane Mound, MN 55364 Re: Work within 75' of lake Dear Mr. Brennan: On June 15, 1990 this office notified you o! building and zoning vio�ationa on your property. At a later date, a site inspection by was conducted by Jeanne Mabusth and myaelf to discuss a variance application with you. As of this date an application has :iot been received. This letter is to inform you that you must remove the constructioa and restore the lakeshore oz apply for a variance before October 5, 1990. If this deadline is not met the City will issus citations and refer the matter to the City Attorney for further leqal action. If you have any questions or if you have a problem meetinq this deadline, please feel free to contact me at my of f ice. Sincerely, � _ Ly Oman, Senior Buildinq Inapector . LO/tln Enclosure - Variance Application ccs Jeanae A. Mabusth, Buildinq i Zoning Administrator Michael P, Gaffron, Anst Planning i Zoning Admi�iatsatos � �,;: Bruce Vanq, Buildinq Inapectox a ��, - � . �� ' �, •:xi'r y'��+' .. . . � . .. . : � .. ��e ' . . � ', . . . . . . -t, r 3',3.� . . . .. . . . � . � ..,. � . . �',,. . . . � .. ' �.'..`.: ��I��H��T� w /��{T�1��N� '��.�'.�h�7i�.� � .,. `�R/Y��7� R,:,�. ��F.S.�l�� '��u . . "~F: . . . . � . _ . �,-�". c . ..r,-, � � . �.,... 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SM ` , .� `� �5�.� .� � '� i* • 1 . � . � .\ ,i' �c 4� -a f�, �'1 Cl t�, � C \ � � �\ ,_. �T �� . � � ` , � r . �� .1 • A �''..,f, �-� . � v�� {� , SrC � � Jj� �� '•.4. t,�,� w a : �'r�` 'e� /.` ` ) ��•. •f ' � � r� 7 • 'h .- , T�,,�� n �'.P..( �+ l�� ` a , \'� �� .r' ♦` � 'A "� '�� ..; `<c�• . � ; '�,� f �L<+,... � , �� . . , �+.^ ;' . ` �t �.. tT . .�.• :,,� • .� �_ : r•r ' ' � � ',-�-, . .. .%�t� �. .. _ � .. +. . .) � \\ f� • � . "� h ~`. �� 1 . ��. ♦\ � 1`• .,� , y � �� t� .I�� l ' �� /•' ��•. :. � � . �.� ..�` BSCR I P7' GN: �v � "Linden Beach" ancf tliat ��urt of 1�;. • 13, "LinrJen Heach" deicribed s�s ns� at the Southwe�;terly corner of said Lot 13; thence Northwesterly ttiaesterly line uf Fnid Lot, � di�tance uf 61 .68 feet; chencp East ra1.1e1 with the 5uutt� line of Lut 13 y clistxnce of 211 fee[, mor� a r�ight Llne drawn From A poinC on the South line of Lot 10, said Ad 84 feet East along fiaid South line from the S�uthwest cotner of s:, hr Norti� �ine of Lot 14, soid Addit�on, passing through a pai»t on ine of soid Lot 13 dtstant 185 feet EHst of the SouChwest corner th SouCheasterly al�ng the les[ dtscri'+ed line a distance of 52.13 �e�• lerss to tha South ) ino of Lot 13; then�e rlea� �long the South line C 13 to thc point af beginning, elso all that pArt of Lindtn Lane lring betw��n en extsnsion W�s:orly of the North and ,South li�ts o � de�crib�d tr�ct, according to th• pl�t th�s�of on filt or of sec, fEice of the R�giatras o� Dt�d• in and for �aid Cou�ty �f Henneptn 1 na• • d , :. ,. . ..�.� , . , . , .. .._ . ,. .,. .,. , .:�. . ., .� . ,:. ,..� ,., , . . ;.,_. :. �, , ..... . ,. ,,. .. .�. ,, _.. , .- , . � t..H � � CITYaf ORONQ • Na�omo.eo,ed•c.p.w e.r.Ml+��n.b aearra•M,�fv.�orao.. � � " + ' • On the North Shore o/Loike Jylnutonk� June 15, 1990 Sidney Brennan 1027 Linden Lane Mound, MN 55364 RE: Work Within 75' of Lake � Dear Mr. Brennan: A recent visit to your neiqhborhood has re vealed construction within the 75' setback zone from the lake. It appears thmt deckinq, retaininq walls and stairs have been constructed without bui ldinq permits since t!�e house kas f inished in 1984. As you 3 may recall , your house was constructed at an angle at the 75' � setback line, therefore any work on the ?akeshore side of the house is within the no construction 75' zone. � � This letttr is to in:ozm you that this construction is ia violation of the Orono Zoning Code and the Ur.iform Buildinq Code � and must be removec] or you may ask the City Counci 1 to grant a variance to the Code. Enc_osed is a variance application for you � to review, The construction must be removed or a variance � applied for before July 2, 1990. If this deadline is not met, j the City may issue citations. � If you have any questions, please contact the Zoninq Department. � ; Sincerely, i � �.�- a Ly e Oman Senior Building Inspector Enclosuze: Variance Application cc: Jee�nne Mabusth, Building � Zoning Administrator Michael Gaftron, A�st, Planning � Zoninq J�dpit�istr�t.or Bruce Vanq, Field Iasp�ctor � LO/lsv ! N:ILW�i7.(WIN(i-I�17H7 • • AQMIlIIbRRAT1ANii7NA71ICL�-1'f3.7lM � �p,��•�� A.+�1Y.alM!Y(: MX•173+f N . Y . . � . � . #F:-.. . { y , � ,a } +. ��,a`„�' s a+ . _ � �,�, t g.. � �,�,x ,� r,�:� � y�. a��..i...;� �::� �'',: �ss+'t�. . .,._. .,r� ��:: �*'.,..._ ..r `"- =- � ,.- - -.,.r _ .. .. ,s�..... . . _t=. ,<... ._y .,.,�i-?,.. 1.��.�'rr3�''b.•��+.'T.��..�'��_` ... . _'�+,�,�:,_��, SIDNEY L. BRENNAN, JR. ATTORNEY AT LAW MINNETOONKA, MNI55305 1D �R�T-- �f�'�� TELEPHONE: (612) 546-2455 ��i_'.�� . --� -- FAX: (612) 546-3690 December 22, 1993 Mr. Lyle Oman DEC 2 3 19�� City of Orono PO Box 66 Crystal Bay, MN 55323 Re: 1027 Linden Lane Dear Mr. Oman: We spoke on the telephone on December 20th regarding the removal and downsizing of the decks as my residence. We previously discussed this process with you and Jeane in September of this year when you were at my home. You stated that all of the repairs which met your approval with the exception of the lower platform deck which you want downsized to the width of the stairway coming from the upper deck area. Apparently you now feel that my property must meet the 75 foot set back requirement ar�a rather than the aver_age set back area which is not exceeded by the current deck. Throughout this procedure I have asked only to be treated fairly and equally and in a nondiscriminatory manner. My neighbors have structures which encroach the 75 foot set back area, i.e, retaining wall, keystone platform decks and hot tub, and which have apparently been allowed by the City without any variance. During our conversation on December 20th, you stated that you were checking into the neighbor situation; however, my property would have to comply. I explained that the lower deck or platform is not attached since it is fr.eafl_oating. The �cr�ic:� yc;u wan� removed is an area of deck which extends approximately 6 feet beyond the stairway platform which meets with your approval. If the installation of a hot tub upon this additional 6 foot area will bring the home within compliance, please let me know and I will be happy to install same. I will look forward to your response. > Very t�'u1X y � ,, G - U , �E � NN , JR. -- _-�..�_ SLB/cab ' �^ 1 /� �� , i o ., �� .�� CITY of ORONO , � `. r�, ��',�,�''�s '� � Municipal Offices �'C� `'�� G~ Street Address: Mailing Address: l � }''��t� � �kESI;�4 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323�0066 January 3, 1994 Sidney Brennan 1027 Linden Lane Mound, MN 55364 RE: Work Within 75' Lakeshore Setback Zone Dear Mr. Brennan: Regarding your letter of December 22, 1993, we have always considered your problems to be "work within the 0-75' setback zone" and in reviewing our conespondence in the City's file on your property, it was invariably referred to as such. Average lakeshore setback was not discussed as an issue on your property. Throughout this procedure you have been treated fairly and equally in a nondiscriminatory manner. Your neighbors have been required to bring their properly into compliance and have done so with the exception of the hot tub/retaining wall issue that has just recently been brought to my attention. A letter is also going out to them today regarding that issue. As we discussed, your property is still in violation and staff has made many concessions to resolve this issue without requiring you to go through the variance process. This problem dates back to June of 1990. Therefore, the City has established a deadline of January 31, 1994 for removal of the lower deck leaving a small portion to allow you to have a step out of your patio door. If you are unclear on how much deck can remain, I would gladly meet you on site to discuss it. If you have an questions, feel free to contact me at my office. Sincerely, ��Y��J��^"G''�' V Lyle Oman Building Official LO/lsv cc: Jeanne A. Mabusth, Building & Zoning Administrator Bruce L. Vang, Field Inspector Telephone (612) 473-7357 • FAX 473-0510