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Home My WebLink AboutRe: fence violation � O� O O ' � CITY of ORONO , � ,� �a r�r : �, �', � � ��` � � 15�l Municipai Offices �� ' �� `��'�G~ Street Address: Mailing Address: �; `q�i'Egg04' 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 October 21, 2002 �� Y Jonathan and Catherine Aanestad 3185 North Shore Drive Wayzata, MN 55391 RE: Fence Dear Mr. &Mrs. Aanestad, It has come to the attention of this department that you have recently constructed a fence on your property at 3185 North Shore Drive in Orono. Unfortunately the fence does not meet the requirements of the Orono Municipal Code: 3.5 feet is the maximum height of a fence in the front yard (35' from your street property line). Therefore, The City must require you to lower that portion of the fence. A deadline of November 4, 2002 has been established. If you have any question please feel free to contact me at my office. Sincerely, � ��--- Lyle Oman Building Official Enclosure LO/dml Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us / ;,', o� \\\ ,; � � �� 0 0�,, � �� ` �� C ITY of ORONO , �� ;jy , � ' ;; F i% '�'+, � MunicipalOffices '� a,,, �ti,�� Street Address: .�9 �, '¢�i�/ Mailing Address: �_ �,�'EggO�% 2750 Kelley Parkway P.O. Box 66 \� —_' Orono, MN 55356 Crystal Bay, MN 55323-0066 April 9, 2003 Tom Barrett Hinshaw & Culbertson 3100 Piper Jaffray Tower 222 Ninth Street South Minneapolis, MN 55402 RE: Fence Construction 3185 North Shore Dr. Dear Tom, Attached are the letters sent to the resident at 3185 North Shore Drive. After the first notice he called to discuss the issue. He said he called The City to inquire about fence requirements, but took the information the wrong way. He was told lakeshore lots can have a 6' fence in the street yard. However, his property does not abut the lake. He has an easement over a neighbor's property to walk down to the lake. The second letter and deadline was ignared. Please contact me to discuss what legal action can be taken to bring the property into compliance. Sincerely, �y�� / Lyle Oman Building Official LO/dml Enclosures Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us H11'l1�HAW fN �. �.� :. .J . !�. �1 � , '..J •' , A1TpqNEYS AT LpW Apri120, 2004 � � � �� Jonathan and�Cathryn Aanestad :�... .',�::.: .�:'�. '.� •. :.� 3185 North Shoze Drive Wayzata,Minnesota 55391 � � � "� � � � � �,a� . ... . . . . .. t �� . , �t , ,... . . . .. . ,,r . � ,��i��'��dr5►b �.,�. � i.� � ,,;. ��;, �,�P � ��1��'i��: ' "� `'°�"'��'��"4�i� Gity ��7r�flo, 1 write in follow-up to previous cozrespondence dated October �1, 2p00, February 26, 2003, and �ebruary 27, 2004. Please be advised that this office has been notified that t�,e construction of a fence on your pi�operty located at 3]SS North Shore Drive in Orono, Mirunesoia, does not meet the requirements of the Orono City Code, Section 78- 1405. Specifically, 3.5 feet is the maximum height for a fence located in the front yard_ A,s of this date, previous attempts by the City have gone unanswered by you. Therefore, at this time, the City requires that you lower the �ez�ce to meet the applicable City ordinance by a deadline of May 17, 2004. If you fail to take the requisite action by that tirr�e, the City will commence appropriate lega�proceedin�s. �ank you for your attention to this matter. Please �eei free to give me a call with any questions or concems. Sincerely, ,, �,�� s, , � r�� :� � HINSHAW& CULBERT �,.�-�t,�"�� . , '�.t �6 -' �r 1 ,e, . , h.iK":C.� , <i7e�"t��. �$u;, � .. .. � �. ;k k""�� '� �� Sean R. Simpson Direct 612-334-2669 ssir�ipson a�inshawlaw.com SRS:Icw ;i�.,�F r�ti,�Y � � , + ' rr 'P: ,� w'�, "�,A�' ,i:;: ,., „ , . : . 121092596v)�52031 ` ' �, �. �.. •,:,. ;�., Z0 'd�.�� ;��C�� b��d��NOSJ.�13H�f1�I�dHSN I H �1� Wd z0 � S b00z 0z adti �.:�,�...�,��s� .:.,, Jonathan and Kathryn Aazaestad Apri120,2004 �'�.�`�.2': ;�: .;,; ��: ��. ��+1� Oi�n�ri Thomas J'. Barrett,Esq. . .� � , . i�A '��',,��,dt M.� � n T�IJ�.u, ' - .. � y ��'�`� .. � ��G F��' t.,i i �.. x �y de t aB�r�Tr�k i ��vy 5� . �. � � � i�� r � . r',: "�'"W �0 ' d zS6#S6�8b0L#b8�T Ol 8B88 bEEd��NOS1213S�f1�MdHSN I H �1� Wd z0� S b00Z 0Z �Idd Hennepin County Transportation Department • Permit Office Phone: 763.745.7600 1600 Prairie Drive FAX: 763.478.4002 Medina, MN 55340 www.co.hennepin.mn.us June 25, 2004 �� JUN 2 9 2�04 J.R. and C.M. Aanestad 3185 North Shore Drive CITY pt-0�01V0 Orono, MN 55391 Re: Fencing at 3185 North Share Drive -SECOND NOTICE Property Owner: This letter follows up the letter previously sent to you by this office dated Apri123, 2004. The fencing installed adjacent to County Road 51 at 3185 North Shore Drive is still encroaching on county right-of-way. The right-of-way line is located along your property at approximately 33 feet from the centerline of the road. Hennepin County policy does not permit private structures of any kind to be constructed in county right-of-way. Please be advised the fence must be removed at once from the county right-of-way at your expense. This fence must be removed by August 1, 2004 to avoid further legal action against you. If you have any questions, please call me at 763-745-7601. Sinc , � �� Jac Z Bronder, P.E. Pe i ngineer c: Lyle Oman, City of Orono Building Official Julie Bowman, County Attorney's Office Greg Chock, Operations Division Manager Jerry Smrcka, Traffic Operations Engineer Mike Legg, District Supervisor Steve Groen, Utility Inspector � �U Hennepin CountyTransportation Department -, ----- _ _ _. __ _`__ __ -- _ _ • 1600 Prairie Drive 763-745-7500,Phone Medina,MN 55340-5421 763-478-4000,Fax 763-478-4030,TDD www.co.hennepin.mn.us April 23, 2004 R€��IV�D J. R. and C. M. Aanestad 3185 North Shore Drive `�'''�� C � ��'� Orono,NIN 55391 CITY OF pRONO Re: Fencing at 3185 North Shore Drive Dear Property Owner: This letter is to inform you that part of the fencing installed adj acent to County Road 51 (North Shore Drive) at 3185 North Shore Drive is encroaching on county right-of-way. The right-of-way line is located along your property at approximately 33 feet from the centerline of the road. The fence corner nearest the roadway is approximately 25 �eet from the center of the road. Hennepin Caunty policy does not permit private structures af any kind to be constructed in county right-of-way. Please be advised that this encroacl�ment exists and the fence must be located wholly off of county right-of-way at your expense. The encroaching portion of fence must be removed as soon as possible and at the latest by June 1,2004. If you have any questions,please call me at 763-745-7601. Si e ely, � J Z. Bronder,P.E. Pernut Engineer c: Lyle Oman, Orono Building Official Julie Bowman, County Attorney's Office Greg Chock, Operations Division Manager Jerry Smrcka, Traffic Operations Engineer Mike Legg,District Supervisor Steve Groen,Utility Inspector An Equal Opportunity Employer Recycfed Praper - � Hennepin County Transportation Depart�ent Permit Office Phone: 763.745.7600 1600 Prairie Drive FAX: 763.478.4002 Medina, MN 55340 www.co.hennepin.mn.us Deceinber 8, 2004 �RECE�VE� J.R. and C.M. Aanestad �EC 2 0 2004 3185 North Shore Drive Orono, MN 55391 �ITY OF ORONO Re: Fencing at 3185 North Shore Drive - FINAL NOTICE Property Owner: This letter follows up the letters previously sent to you by this office dated Apri123, 2004 and June 25�', 2004. ' The fencing installed adjacent to County Road 51 at 3185 North Shore Drive is still encroaching into the county right-of-way. The right-of-way line is located along your property at approximately 33 feet from the centerline of the road. Hennepin County policy does not permit private structures of any kind to be constructed in county right-of-way. Please be advised the fence must be removed at once from the county right-of-way at your e�pense. This fence must be removed by January 7, 2005 or Hennepin County will remove the fence and bill you for all costs. If you have any questions, please call Mitchell Wiebe, Permit Engineer at 763-74�-7601. 1nc rely, �. � �._,.. _ , �-� , �y D. S�hrcka, P.E. L�raffic Operations Engineer cc: Lyle Oman, City of Orono Building Official Julie Bowman, County Attorney's Office Greg Chock, Operations Division Manager Mitchell Wiebe, Permit Engineer Mike Legg, District Supervisor Steve Groen, Utility Inspector -�'� �,'!r O� \�� \ %'O O \ �� ` '� CITY of ORONO i� , � • _ ,,,, i � � � � ',� �. l4�� MunicipalOffices ,,�\"�' , � � Gti � � � ' "��"� �� Street Address: Mailing Address: \��91f' �,. O�'� �/ 2150 Keiley Parkway P.O. Box 66 .��ESS �� -__-=" Orono, MN 55356 Crystal Bay, MN 55323•0066 April 11, 2005 Jonathan&Catherine Aanestad 3185 North Shore Drive Wayzata, MN 55391 RE: Illegal Fence Height Dear Mr. &Mrs. Aanestad, The City has been aware of an illegal fence height existing in your front yard since October of 2002. City Code Section 78-1405 (7) prohibits fences exceeding 3.5 feet in height in front yards on non-lakeshore lots. Because your property does not abut the lake (easements alone do not make this a lakeshore lot), you are not permitted a fence exceeding 3.5 feet in your front yard, i.e. within 35' of your street lot line along North Shore Drive. Our files indicate you have been notified of this violation numerous times (see attached letter from the City Attorney dated April 20, 2004). However, as of today's date you have yet to comply by lowering the fence in your front yard to 3.5 feet. Therefore, the fence must be lowered to 3.5 feet within the next 10 days. An inspection will be conducted on April 22, 2005 to verify compliance. The City also understands that your property is currently for sale. If compliance is not achieved prior to any sale, future owners must be notified by you and your realtor that a violation exists on the property that must be corrected. Should you have any further questions I can be reached at 952- 249-4623. Thank you for your cooperation. Sincerely, City of Orono Janic�e G�c�� City Planner cc. Minnetonka Realty Greg Raines 4154 Shoreline Drive Spring Park, MN 55384 Telephone(952)249-4600 • Fax(952)249-461b www.ci.orono.mn.us