HomeMy WebLinkAboutRe: COO 1. 0.-‘1,.
o o
A iy I
CITYof ORONO
r A,,, Municipal Offices
\<9ittl i . Street Address: Mailing Address:
•g li�4— 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
6 July 2009
Scott & Michelle Miller
85 Old Crystal Bay Rd S
Long Lake, MN 55356
Re: 85 Old Crystal Bay Rd S
Certificate of Occupancy
Building Permit P09168
In May of 2006 the City issued a building permit to construct a new residence on your
property at 85 Old Crystal Bay Road South. On May 26, 2006 you entered into an
agreement with the City to allow your existing home to remain on the property during the
construction of the new residence. A copy of this agreement is enclosed herein.
According to the agreement, the existing home was allowed to remain during the
construction of the new residence provided you applied for a Conditional Use Permit in
order to utilize the existing home as a guest house once the new residence was
completed. This agreement instructed you to make the application for the guest house
within 60 days of the issuance of the building permit. This did not take place. Therefore
according to the agreement, you are to remove the existing home and detached garage
from the property.
A permit for the demolition of the existing home and detached garage must be obtained
prior to issuance of a Temporary Certificate of Occupancy for the new residence. Further
the existing home and detached garage must be removed from the property prior to the
issuance of a final Certificate of Occupancy. The Certificate of Occupancy will not be
issued for the new home without the removal of the existing structures. Please note,
occupation of the new residence without a Certificate of Occupancy from the City of Orono
is a violation of City Code
Your attention to this matter is appreciated. Please contact me at 952.249.4627 or by
email at mcurtiscc'�i_ci.orono.mn.us by Wednesday, July 15th to discuss your options.
Sincerely,
City of Orono
r Ovoi
Melanie Curtis
Planning & Zoning Coordinator
c: Lyle Oman, Building Official
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
TEMPORARY CERTIFICATE OF OCCUPANCY
City of Orono
Building and Zoning Department
DATE APPROVED: 6/26/2009
SITE ADDRESS 85 Old Crystal Bay Rd. S. P.LD. 0411723210004
OWNER Scott & Michelle Miller BUILDER Scott & Michelle er
MAILIN. DDRESS 85 Old Crystal Bay Rd. S. BUILDING PERMIT:
NO. P09168 D E ISSUED 05/26/06
THE FOLLOWING •%: NOTED AS INCOMPLETE OR MISSING.THES UST BE CORRECTED OR
COMPLETED AND RE \SPECTED WITHIN 78 DAYS OR THIS CE' IFICATE WILL BE VOID.
Failure to correct these : iciencies will cause occupan violation citiations to be issued.
Exterior of house and Landscaping to be finished . Sept. 1 , 2009
Call for inspection
I hereby agree to make the above correc ons and to call for reinsp ction within the time allowed:
Owner/Contractor Date
START BILLING FOR: Ci Sewer
Building Official
Monday,June 29,2009 White:Owner/Builder Green:Billing Clerk Yellow:File
TEMPORARY CERTIFICATE OF OCCUPANCY
City of Orono
Building and Zoning Department
1 DATE APPROVED: 12/29/2009
SITE ADliRESS 85Old Crystal Bay Rd. S. P.I.D. 0111723210004
OWNER Scott & Michelle Miller BUILDER Scott& Michelle Miller
MAILING,ADDRF_SS 85 Old Crystal Bay Rd. S. BUILDING PERMIT:
NO. P09168 DATE ISSUED 05/26/06
THE FOLLOWING ARE NOTED AS INCOMPLETE OR MISSING.THESE MUST BE CORRECTED OR
COMPITETED AND REINSPECTED WITHIN 60 DAYS OR THIS CERTIFICATE WILL BE VOID.
Failure to correct these deficiencies will cause occupancy violation citiations to be issued.
By March 1, 2010
Existing Ho'ase Must Be Removed
I
I hereby agree to make the above corrections and to call for reinspection within the time allowed:
119E l
Owner/Contractor , � !� Date 1 j1���
START BILLING FOR:
J4q,,
'< V L'Vh_
Building Official
Tuesday,Decembe'r 29,2009 White:Owner/Builder Green:Billing Clerk Yellow:File
Melanie Curtis
From: Scott Miller[scottm@waysinc.com]
Sent: Wednesday, July 15, 2009 3:58 PM
To: Melanie Curtis
Cc: Lyle Oman; 'Michelle Miller'
Subject: Response
Melanie;
We have received your letter regarding the old house and garage on our property. We have had recent conversations
with Lyle Oman about the plans for removal of the buildings and we are in the process of checking all options. Please see
Lyle about the details of those conversations. Thank you in advance for your patience in working with us on this issue.
We will continue to work this towards the conclusion. Our resources have been greatly affected over the last 9-15 months
by changes in our business and the severe hit we have taken in the marketplace due to the economy. But, we are
working very hard to keep things rolling and we will—it is just taking more time which I hope you can understand. We do
intend to keep the time frame we had discussed with Lyle.
Regards,
Scott Miller
1
#14:).4OCity of Orono
2750 Kelley Parkway
`.;;a. \„, P.O. Box 66
I7!\ '` �, Crystal Bay, MN 55323
�' �M� �G~ (952) 249-4600
e riillio� Fax: (952) 249-4616
FAX TRANSMISSION COVER SHEET
Date: 21 September 2005
To: Scott & Michelle Miller
Fax: 952.404.7224
Re: Building Permit letter
Sender: Melanie Curtis, City Planner
YOU SHOULD RECEIVE 7 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT
RECEIVE ALL THE PAGES, PLEASE CALL 952.249.4627.
This letter will follow in the mail.
Please contact me at 952.249.4627 if you have any questions.
CITY of ORONO
A, Municipal Offices
C.) Address: Mailing Address:
9kesno* 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
September 21, 2005
Scott & Michelle Miller
85 Old Crystal Bay Rd S
Long Lake, MN 55356
Re: 85 Old Crystal Bay Rd S
Building Permit Application
The City is in receipt of your building permit application which was received by this office
on September 14, 2005. The following items must be submitted or revised in order for
your application to be considered complete and for the plan review to continue:
Certificate of Survey. Please provide a revised copy of the survey indicating the
following:
1. The location of the proposed septic system including the primary and alternate
treatment areas as designed by Rusty Olson's Percolation and Septic Testing, as well as
the location of the existing septic system for the existing house.
2. The proposed driveway located outside of the 25' wetland buffer. The driveway may
be located within the 20' buffer setback; however encroachment of the required buffer
is not permitted.
3. Calculation of the total dry buildable area vs. wetland for the entire property.
Wetland Buffer Requirement. The plan submitted to the watershed district indicates a
proposal for vegetative restoration/establishment of the wetland buffer. The buffer
vegetation as proposed does not meet the standards set forth within the City of Orono's
Wetland Protection Ordinance Section 78-1605. I have attached a copy of this Ordinance
for your reference. Please revise and submit a buffer vegetation plan meeting the
requirements within Section 78-1605.
Request to keep the existing home. Please review, sign and notarize the attached
agreement in order to keep the existing home during the construction of your new home.
This agreement is required by the City prior to the issuance of a building permit. Should a
conditional use permit for a guest house and/or variances for accessory structures located
closer to the front lot line than the principal structure be granted for your property prior to
the completion of the new home this agreement will be released. The Certificate of
Occupancy will not be issued for the new home without the removal of the existing
structures absent variance and/or conditional use permit approval.
Telephone(952)249-4600 Fax(952)249-4616
www.ci.orono.mn.us
Page 2
85 Old Crystal Bay Rd S
Please feel free to contact me at 952.249.4627 or by email at mcurtis@ci.orono.mn.us if
you have any questions.
Sincerely,
City of Orono
al661
Melanie Curtis
City Planner
c: Lyle Oman, Building Official
Michael P. Gaffron, Planning Director
Agreement for Removal of Accessory Structures
Right-of-Entry
THIS AGREEMENT,made and entered into this day of
20 , by Scott Miller and Michelle Miller (husband and wife), (hereinafter referred to as
"Applicants")and the City of Orono, a Minnesota municipal corporation(hereinafter referred to as
the "City").
WITNESSETH:
WHEREAS, Applicants have made application to the City for demolition of the
principal residence structure on the property located at 85 Old Crystal Bay Road S within the City
of Orono, Hennepin County, State of Minnesota, such property legally described as:
Lot 9, Auditors Subdivision No. 230
(hereinafter referred to as "Subject Property"); and
WHEREAS,the Applicants are the owners of the Subject Property; and
WHEREAS, the Subject Property contains an existing principal residence
structure and a conforming detached garage shown on the survey attached hereto as Exhibit B; and
WHEREAS, the Applicants intend to construct a new principal structure on the
Subject Property; and
WHEREAS,the Applicants are aware that according to Orono Municipal Zoning
Code Section 78-1368, only one principal structure is permitted per lot; and
WHEREAS, the Applicants are aware that according to Orono Municipal Zoning
Code Section 78-1435, once the new principal structure is constructed the existing home and
existing detached garage will be located nearer to the front lot line than the principal structure,
requiring variances; and
WHEREAS, the Applicants intend to, upon completion of the new principal
structure, immediately apply for a conditional use permit and/or variances to allow the existing
structures to remain on the property in a location closer to the front lot line than the new principal
structure.
WHEREAS,the City intends to allow the existing home and accessory structure(s)
to remain on the Subject Property during construction of the new principal residence structure with
the expectation that said existing home and accessory structure(s) will become conforming with
the approval of a guest house conditional use permit and/or variance to be closer to the front lot line
than the new principal structure as soon as construction of the new principal residence is
completed.
1
NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE
FOLLOWING:
1. Applicants may retain the existing home and the existing accessory structure, subject to the
following conditions:
A) Applicants agree to apply for a land use application pertaining to the existing home
and existing detached garage within 60 days of issuance of a building permit for the
new principal structure;to begin construction on the new residence within 120 days
of the issuance of a building permit; and to complete all exterior work within 1 year
of building permit issuance and interior work within 2 years of building permit
issuance.
B) In the event that any activity described in item A has not been accomplished within
the defined timeframe or the land use application(s) is denied, the Applicants shall
remove the existing home and existing detached garage at the Applicants' expense,
or the Applicants shall apply for an extension of this Agreement.
C) If one of the item A events occurs and the Applicants fail to perform their removal
obligations per item B, the Applicants hereby agree as follows:
1. The City may enter upon the property and remove the existing home and
accessory building(s).
2. The City may assess the costs of removal to the property.
3. This Agreement shall be binding upon current and future owners of Subject Property, and
shall be filed within the chain of title of the Subject Property.
4. Fee owner(s)of the Subject Property, if not the Applicants, consent to the execution of this
Agreement and to its terms, as shown by their signature(s)upon this document.
5. Applicants shall indemnify and hold harmless the City, the City Council, and the agents
and employees of the City from and against all claims, damages, losses or expenses,
including attorney fees,which the City, City Council and agents and employees of the City
may suffer or for which it may be held liable, arising out of or resulting from the assertion
against them of any claims, debts or obligations in consequence of the performance of the
terms of this agreement.
2
CITY OF ORONO:
By:
Its Mayor
By:
Its City Clerk
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 20 , by
and , the and
of the City of Orono on behalf of the municipal corporation.
Notary Public
3
APPLICANT(S):
By:
By:
ACKNOWLEDGEMENT (APPLICANTS)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 20 , by and
(husband and wife)as their free act and deed/on behalf
of the corporation.
Notary Public
FEE OWNER(S):
By:
By:
ACKNOWLEDGEMENT(FEE OWNERS)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 20 , by and
(husband and wife)as their free act and deed/on behalf
of the corporation.
Notary Public
4