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�'`� CITY of ORONO
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Street Address: Mailing Address:
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` 'EgH04` 2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
November 14,2001
Thomas Barrett
Hinshaw&Culbertson
Piper Jaffray Tower, Suite 3100
222 South Ninth Street
Minneapolis, MN 55402
Re: Luzaich Matter D.C. File No. PD 99-015268
Dear Tom:
This letter is to document the completion of the required tree planting on the Luzaich property. On
8-28-011 made an initial inspection of proposed (staked) tree locations on the site, at Luzaich's
request. On 8-29-011 faxed Luzaich a copy of the planting plan indicating where the staking did not
meet the Court ordered plan, requesting revisions to the proposed locations in order to be in
compliance with the required plan. On November 7,2001,Wendy Bottenberg visited the site at my
request to determine if trees had been planted, since I had not heard anything from Luzaich. She
indicated the trees were in place. On November 8, 2001 I inspected the property and found the
following:
1. The locations of planted trees match the locations shown on the plan approved by the
Court.
2. All 16 required trees have been planted.
3. The species mix appears to be approximately per the plan:2 oaks,and the remainder
appear to be lindens and maples.
4. All trees appear to be healthy, small branches are supple,buds apparent.
5. Tree heights range from 10'to 15'.
6. Oaks appear to meet the 2-1/2" caliper criteria. The maples and lindens generally
measure 1-1/2"-2" diameter at 4' above ground. I later learned that nursery
measurements would be at 18" above grade, hence the average of the maples and
lindens is likely around 2"caliper. Per City Council direction on 11/13/0 1,these trees
are deemed as acceptable.
�t
Telephone(952)249.4600 - Fax(952)2494616
www.d.orono.mn.as
Luzaich Matter
November_14, 2001
Page 2
Based on the above,it is my conclusion that items 1 and 2 of the Court Order have been completed,
i.e. the trees are in place and we have completed our initial inspection and concluded that the
requirements are met.
We will proceed with annual inspections (tickler file for September 1 of each year) until the trees
have reached the sizes specified in the Order.
Please call if you have any questions.
Sincerely,
Michael P. Gaffron
Planning Director
cc: Ron Moorse
Litigation File
Street File, 2490 Old Beach Road
Clerk's Tickler File
CITY of ORONO
Municipal Offices
Street Address: Mailing Address:
2750 Kelley Parkway P.O. Box 66
— Orono, MN 55356 Crystal Bay, MN 55323-0066
July 8, 2002
Thomas Barrett
Hinshaw& Culbertson
Piper Jaffray Tower, Suite 3100
222 South Ninth Street
Minneapolis, MN 55402
Re: Luzaich Matter D.C. File No. PD 99-015268
Dear Tom:
This letter is to document my recent inspection by boat of the trees which were planted last fall on the
Luzaich property(please reference my letter of 11-14-01).On June 26,2002 the Building and Zoning staff
conducted its annual inspection tour of lakeshore properties. This inspection tour included a visual
inspection of the Luzaich property from the lake. I made the following observations:
1. The locations of trees have not changed.
2. About half of the trees have no apparent foliage and appear to be dead.
3. Of those with some foliage,about half are only thinly foliated and have branches with no foliage.
The photos we were able to take from the boat do not allow me to make a completely accurate tree-by-tree
assessment as to the status of each tree#1 thru#16; however, if this is critical I can likely complete such
an assessment by making an inspection of the site, since the court order allows us one inspection on the
site per year to determine if the trees are thriving.
I think we should engage an arborist(at the City's ultimate expense, I suppose)to establish the condition
of the trees,to assist in defining the actual condition of each tree. Some of those that are merely thin might
really need to be replaced, and I don't have the expertise to judge them. Please advise as to howl should
proceed. Thank you!
Sincerely,
Michael P. Gaffron
Planning Director
cc: Ron Moorse
Litigation File
Street File, 2490 Old Beach Road
Clerk's Tickler File
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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CITY of ORONO
Municipal Ofrices
.� v, Street Address: Mailing Address:
a� g,
$EggO� 2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
June 21, 2007
Richard A. Luzaich
2490 Old Beach Road
Wayzata, MN 55391
Re: Status of Tree Replacement
Dear Mr. Luzaich:
Upon learning that your property is for sale, I took the opportunity to visit the site last week as a
follow-up to the October 26, 2000 Court Order that required tree replacement and maintenance.
I was pleased with the progress of the 6 trees on the southeasterly third of the lakeshore yard that
are actually thriving. I was dismayed at finding that the additional 10 trees required by the Order
are completely missing. A copy of the required planting plan is enclosed, as well as a copy of
my inspection report.
The last contact we had from you on this matter was in late 2004, at which time you had
provided comments from Gary Mueller, a landscape architect with Landplan Associates. Our
expectation was that the replacement plantings would occur in the spring of 2005.
In accordance with the Court Order, the dead or missing trees must be replaced and you must
"use the best efforts to facilitate the life and growth of the trees" until they reach a diameter of 6
inches. This obligation goes with the property; the provisions of the Order become an obligation
of any new owner,hence I would advise you to make full disclosure to potential buyers.
The missing trees must be replaced and maintained per the approved plan. Please contact me as
soon as possible at 952-249-4600 to confirm how soon you expect to have replacement trees
replanted. I would be pleased to meet with you on the site to discuss this matter if you wish.
Sincerely,
Michael P. Ga on
Planning Director
encl.
cc: Ron Moorse, City Administrator
Mayor& City Council
Soren Mattick, City Attorney
Barry Stensrud, C. B. Burnett Realty
Telephone(952)2494600 • Fax(952)2494616
www.cLorono.mn.us
D TIME
CITY OF ORONO CALLED IN _
INSPECTION NOTICE SCHEDULED
PERMIT NO. COMPLETED fl
ADDRESS 0�ygo
OWNER Say,4 Z-U7-ia6-k` CONTR.
TELEPHONE NO. �}
-- - 7 5a (/7(
DESCRIPTION
lV 01 FOOTING 11 MECHANICAL RI 18 EXCAWG ADING/FILLING
02 FRAMING 13 MECHANICAL FINAL 19 LAKESHORE/WETLANDS
03 INSULATION 24/25 WOOD BURNER/FIREPLACE 34 TREE REMOVAL
04 WALL BD. 12 WATER HOOK-UPJ2PROGRESS
ITE INSPECTION
Q 05 FINAL 14 SEWER HOOK-UP
07 DEMO-SITE 27 SEPTIC MAINT. 21 COMPLAINT
07 DEMO-FINAL 15 SEPTIC INSTALL. 22 FOLLOW-UP
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= 09 PLUMBING RI 23 SEPTIC FINAL 35 HARD COVER REMOVAL
v 10 PLUMBING FINAL 36 FOUNDATION/REMOVAL
OWNERICONTRACTOR TO MEET YOU:_YES NO
C MMENTS:
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WWORK SATISFACTORY:PROCEED 1 PROJECTCOMPLETE
LU ❑CORRECT ORRECT WORK&PROCEED ISSUE CERTIFICATE OF OCCUPANCY
C) ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY
V BEFORE COVERING PERMANENT
❑CORRECT UNSAFE CONDITION WITHIN HOURS. PHOTO TAKEN
INSPECTOR WILL RETURN
❑STOP ORDER POSTED.CALL INSPECTOR F__ CITATION ISSUED
❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS.
Call for the next in pection 24 hours in advance. (J52) 249-4600
Owner/Contra n si
Inspector. °
White Copy/Inspector's File Canary Copy/Site Notice
TREESCAPES
�c, �. •� 1214 ThW Avenue NE
` Buffalo,MN 55313
(763)682 9562
Lake
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\ The City of Orono
2750 Kelley Parkway
Orono.MN 55356
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Restoration
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\ September 12.2000
Revised Exhibit 33
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-FROM' RI.NSHAW & CULBERTSON (MON) 10. 30' 00 14:37/ST. 14:35/N0, 3760044857 P 2
STATE OF MTNNESOTA DISTRICT COURT
COUNTY OF HENNEPIN ' JUDICIAL" FOURTH DISTRICT
City of Orono, a Minnesota Municipal Cofic�n;
PlaintiM FINDINGS OF FAC."r,
CONCLUSIONS OF LAW
V. & ORDER FOR JUDGMENT
Rick A.Luzaich and Gail L. Luzaich, File No, 1
husband and wife, t� qq_ 15168
Defendants.
The above-entitled matter came on for hearing before the undersigned Judge of District
Court on September 14,2000, as the follow up hearing to determine the remedy as ordered by
the Court on August 16,2000.
Thomas J.Barrett,Esq., appeared for an on behalf of the Plaintiff, City ofOrono. Phil
Resnick,Esq., appeared for and on behalf of the Defendants, Rick and Gail Luzaich.
Based upon all the files,records,memoranda from Counsel, and proceedings herein,the
Court makes the following:
FINDINGS OF FACT:
1. That Michael Gaffron created a map showing the portion of Rick and Gail
Luzaich's "(Luzaichs'l property on which tree cutting was regulated or prohibited by City
Ordinance. Plaintiffs Exhibit 26A-E,was not contested by the Luzaichs and the Cour[finds that
it is accurate.
Peter 13edker('Bedker') created Restoration'Plan A, (Exhibit 30),which
relied upon'PlaintifPs Exhibit 26 A-E, and which provided for the planting of 23 trfes within the
regulated area in order to allow the restoration of the canopy over a period of 25 years.
-k'AW HINSHAW & CULBERTSON (MON) 10. 30' 00 14:3VST. 14:35/NO, 3760044857 P 3
3- That Bedker created Exhibit 33 which provides for the planting of 16 trees within
the regulated area which provides for the restoration of the canopy over a 50-year period.
4. That the Order of this Court requiring restoration may be filed against the title to
the property in order to provide notice to subsequent purchases of the property of this Order and
to protect the integrity of the newly-planted trees until they reach a minimum size.
5. That Gail Luzaich is a contract vendee on contract for deed dated October 22,
1998, Document No. 3074158 recorded as Certification Title Number 826747.
CONCLUSIONS OF LAW:
1. That Rick Luzaich and Gail Luzaich and their successors and assigns are required
within nine months of the date of this Order to plant the trees set out in the Plant List of
Plaintiff's Exhibit 33 in approximately the places shown on inap cntilled Restoration Plan A of
Plaintiff s Exhibit 33,which Exhibit is made a part of this Order. The Court has relocated Tree
45 on Ei Wbit 33 to provide Rick and Gail Luzaiclh with a path to the lake.
2. That the City of Orono may enter Rick and Gail Luzaich's property no more than
three times to inspect the planting in order to determine that the requirements of this Order have
been met, thereafter Paragraph 3 shall control.
3. That Rick and Gail Luzaich and their successors and assigns shall allow an annual
inspection by the City of Orono to determine that the trees are growing and Rick and Gail
Luzaich and their successors and assigns shall replant any trees which are dead or dying during
the pendency of this Order and shall use the best efforts to facilitate the life and growth of the
trees.
4, That the Court's Order will remain in effect until each of the trees planted have
2
1
-FROM' HINSHAW & CULBERTSON (MON) 10. 30' 00 14:38/ST. 14:35/N0. 3760044857 P 4
reached a diameter of six inches or 19 inches in circumference at a point measured three feet
above the ground,as set out in the City of Orono's Ordinance: 10.56, subd. 16(1)(1), after which
this Order will have uo force or effect.
5. That Rick and Gail Luzaich shat l not be allowed to trim any of the parts of the
trees without City approval until the minimum sizes are strained as set forth in Paragraph 4.
6. That this Order shall be filed against Rick and Gail Luzaieh's property and shall
run with the land and be binding upon Rick and Gail Luzaich and the successors and assigns of
Rick and Gail Luzaich until it has no further force and effect, or until further Order of this Count
7. That the properly of Rick and Gail Lu7aich is located at 2490 Old Beach Road in
Orono,Minnesota,in Hennepin County and is legally described as follows:
Lot 4, "Shore Hills"
Hennepin County,Minnesota
A copy of this Order may be filed in the real estate records of Hennepin County.
LET JUDGMENT BE ENTERED ACCORDINGLY.
BY THE COUR
Dated:
• Judge L o
1O
1
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