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Home My WebLink AboutRe: ltr from homeowner re neighbor/drainage 11/04/2005 18:58 FA% 9524710639 STONE�OOD f�001/004 T a � JeffYey Gustafson 6020 Loring Dpive Minnetrista, MN SS364 612-964-ODl S Nov. 4,2005 Lyle Oman City of Orono 2750 Kelley Parkway Orono,MN 55356 via fax 952-249-4616 RE: Drainage non-issues @ 4203 North Shore Drive Dear Lyle, I went to yesterday's meeting unprepared. I expected a 2 minute discussion with you and the neighbor to discuss the temporary and permanent driveway locations. Instead I solidified my sour throat by standing in the field for a full hour fielding rather offthe wall topics with the neighbor and her rather impressive and well intentioned attorney. Stemming from the remarks and the neighbor's apparent need for an attorney I feel there is a yet unidentified larger agenda that will surface.Had I know what was planned for the meeting I would have had Sven's company send a representative who is more composed and controlled than I currently acn during this time frame of my treatments. Betty admitted that she has a continuing water problem. She has the need for a sump pump system that is operational. She said she has a trough drain that traverses her concrete driveway outside the garage, She gets occasional water in her garage. She has a ridge along her easterly lot line to hald water out. She gets some water into her drive from the runoff from Fairview Cottage Lane,a�it runs downhill from North Shore Drive falling from 968 to 951 at the property corner to 947.6 in the circular drive area: directly toward her residence. She added a concrete apron outside her garage door to divert or dam water. I dropped off a plan and survey to her door. She communicated tha.t she was content with what she saw on it. Then she was mad that I did not call her back even though there was no reason to; and thus she ha.d to hire an.attorney—I must be missing something!! A second communication went unanswered when she left a message that two small Arbor Vitae were remvved when the Chinese Elms along the common line were removed by the excavator with intertvvined root systems (I verified what happened with the aperator, and told her immediately in person of what transpired;committing to have Todd acquire replacements). Apparently I need to work more a�iter normal work hours to accommodate her schedule of availability. She said she never got ANY water runoff from the lot I puxchased. All the water from the alleyway and my lot ran into the garage on the house I tore down (as there is no other drainage route for the water that flowed to the West). This is not worth any comment, as it 11/04/2005 18:58 FA% 9524710639 STONEw00D C�002/004 , � is so ridiculous. She said she does not care about wha.t T have down for documentation; and that she should be the sole judge of whether more or leas water than before runs onto her property as a result of my project. With her existing water issues, we a11 know wha.t her belief will circum to be(as `some water' will be more than her sta.ted `ZERO wafier' history). She said my survey and eagi.neering is of question, as it was ordered by me for my benefit, and basically indicated that it would ha.ve been prepared somehow in my favor(even though it was prepared prior to any need for it to be scrutinized by anyone for any reason). Now T am not saying that I (and most of all other developers for that matte)r would not choose to hire such a firm if we could locate one with proper licenses, insurance, and such willing larceny or ethics, but we both know aur industry simply does not function like this: ft is what it is! She fumly believes that if two different engineering companies were hired by different parties to make drainage as-built's on the same parcel; they could be entirely different depending on who hired them. I simply do not know how to deal with this twisted mentality. She said water from my lot running downhill from a 967.5 on North Shore Drive would not run to the old driveway area at 948 due to the (box Elder and junk)trees and grass that was on the lot befare the cleaning up of the trees and accumulated junk piles took place. When looking at the grass under the large Maple tree with original sod still in place, she said the water never ran onto her property(from the 952 elevations to the 948 area directly below it). Water used to run uphill; and now somehow my redevelopment had altered this unique feature of my lot. We have terminated the circular driveway encroachments; as requested by the City. This driveway relocation necessitated my use of additional ha.rd cover for my relocated driveway; and gave her the benefit of having extra hard cover now available for her next purchaser. This added tremendous value to her property; as hardcover is what you have to sell. In addition this eliminated the need for cost sha.ring of a driveway installation and cross-maintenance agreements that I assume would be impossible to professionally come to agreement on. We discussed the utility lines and the forthcoming easement for utilities to traverse the property. It appears to cross her property; as well. You might want an easement from her at this time if you agree that my statement is accurate. Since she has ongoing water issues that need resolve, I discussed with you the obvious and simple fix (faz less than the cost of haviag her attomey there yesterday)that she should follow through with. First; this would include the easy re-grading her current gravel driveway with a Bobcat so as to create a swale from front to back (South to North)and a pitch across the drive from West to East;along with some regarding of the sod to move water northerly along the comraon lot line as much as passible and then to the East across the gravel drivewa.y toward the Fairview Cottage common property line that is shared with Betty. From there I am told there is natural drainage alang the line to the Lake.Due to the adverse relationship that ha.s developed it is best for me not to participate in any work on her property(except for replacement of the Arbor Vitae removed along with the Elms at my expense).Although it is a simple task during our mobilization for the %z hour of Bobcat il/04/2005 18:58 FAZ 9524710639 STONEw00D [�003/004 , . a time and 30 yards of Todd sod replaceraent,we cannot assume the liability,responsibility, or brain damage. I have been as fast as I can be with the communications with Betty after verifying facts, and know thax I have enhanced the appearance and value of both properties without much if any Easterly gratitude. I will comply with the drainage pIan and more than likely go `above and beyond' the required outcome, but I cannot alter it to make the water flow up}ull as witnessed by the neighbors in the past. I have illustrated that a reduction of the amount of drainage water than before will ultimately drain Easterly(at least the water that goes downhill rather than uphill)to our Easterly common property line. I will proceed with the backfilling and filling as we locate fill in the area(help!) and will produce a non partisan as-built grading plan that I am sure will fall under heavy scrutiny at that time. Thank you for taking the time to keep up to speed with the redevelopment of this neglected Orono property. Very truly yours, leffrey Gustafson