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Correspondence - 4333 Channel Road - 5/28/2021o� RECEIVE August 10, 2005 City of Spring Park AUG 1 2006 Mr. Rill Weeks�City Administrator CITY OF SP. PK. Dear Mr. Weeks, As you requested during our visit last Friday, I am writing to respond to the complaint you received from my neighbors Sheldon and Marion Meyers regarding the rental of my house on Channel Road. When I addresscd the Council at the meeting in 2003 in an attempt to resolve this matter, Mayor Rockvam suggested that I "re -think my rend practiccs and try to get along with my neighbors". At that time, I offered my house for nightly rental, dock space at an additional fee, and pontoon rides for a fee. These practices ceased immediStely Aw the council meeting. Unfortunately, getting along with the Meyers has not improved. Although_I or arty husband have not personally spoken to them (nor they to us) in two years, they continue to harass us and thosc who occupy the house by saying things such as "it is illegal for Debbie. to rent.the house and she knows it" or "this house is not available because renting it is illegal" or "yoµ W't have a fire here, it is illepi (referring to a recreational fire in,a small fire pit), and other comments with similar contenti but all, implying I am some kind of criminal, and that the people at any house have no right to be there. They have never conmlained,to me directly, or had cause to call pglice, and according to you, their complaint to the City was nothing .other than that we "rent the house too much". 4s I told you, I believe the Meyers apparently assume that everyone who sets foot on my property is a renter, and ;every unfamiliar car that parks in the city spaces across from our property belongs to people t4at are renting our house, both of which are unow. Although my house is ocgasipnally occupied by a renter, most of the time the people are friends or relatives of ours that we choose to share ,our lal�e house with. Many times we spend time there with there, though sometimes we don't. I rea#ize brat you are pot concerned with who I let fish off my dock, however it is necessary and relevant so that you understand that I am not violating the R-1 ordinance. This is nothing more than a nuisance complaint from one neighbor against another and should be addressed by the Meyers to us. Unfortunately, they are using the City and its respi}rces to try to resolve their personal grievance against us. I have resigned myself to the fact that no matter what we do, short of locking the house and leaving it empty, the Meyers will never be satisf 9d, and never stop complaining. I am convinced of this because they complained and are still complaining about the first renter we had who had a I year lease (I evicted him after 5 months for violating the terms of his lease), and have more recently stated to one of our friends (whom they assumed was a renter), that they don't like people coining and going. When I do rent, I have gone to great lengths to rent to good, dfcent, respectful people who need a place to reside. It is unfortunate however I believe that unless the house is empty, there is just no pleasing the Meyers. So we keep to ourselves and live our lives. As far as the R-1 ordinance, I assure you our house, when rented is rented for residential use. There is no commercial business, it is simply on occasion, a house for rent. This has been a headache for me for three years, and I realize it is a nuisance for you as well, but I have been assured that I am within my rights tQ rent out my house. I am truly sorry that it displeases the Meyers, but their h4rasstnent of us needs to stop. I have and am cooperating with the City, so as far as I am concerned the matter is closed. -ThmMy—o—u—vm7*iqgK'fo"our.tiaand attention�,� Deoie Fischer 9524724710 Poor Quality Document Disclaimer The original or copy of a document or page of a document presented at the time of digital scanning contained within this digital file may be of substandard quality for viewing, printing or faxing needs. SPRYMS PARK Oh Lake A41meto4a August 2, 2005 Mayor Jerome P. Rockvam (952) 471-9515 Councilmembers Debra Fischer Vertnik Joanna E. Widmer (952) 47 I -9429 5217 Windsor Road Mound, MN 55364 Bruce Williamson (952) 471-1029 RE: Rental of 4333 Channel Road Sarah Reinhardt (952) 471-0767 Dear Ms. Vertnik, Gary Hughes (952) 471-7867 Unfortunately, the City of Spring Park has again received complaints regarding your rental of 4333 Channel Road ("Port Charlotte"). As you Administration were previously advised by the City in 2003, the short term rental of Bill Weeks property is not permitted in the R-1 zoning district in which the Port Administrator Charlotte property is located. The various advertisements listed on the D.J. Goman internet regarding the property include the following statements: Utility Superintendent "Quaint home available for short term vacation rental." Sharon Corl Deputy Clerk "If you are looking for a quiet, cozy home on a short term basis, we are looking for you." "We have chosen to rent the house on a short term basis." "Summer Rent rates May -September 2005** Monthly-$2875 Weekly-$1175" "For stays of less than 7 nights, first nights stay-$120 week night, $135 if your stay begins on a week end." These statements do not indicate that you are complying with the City's request of you in 2003 to reassess your rental situation and find a solution that is compatible with the City's zoning ordinance. Only long-term rentals where the renter uses the property as a family residence is permissible in the R-1 zoning district. You may not rent the property on a weekly or a monthly basis. city of cop *y Park 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 • (952) 471-9051 • Fax: (952) 471-9160 Please bring your property into compliance with the Spring Park Zoning Ordinance, including both changing your advertisements to the public and renting only to long-term tenants, not short-term vacationers. Sincerely, illiam D. Weeks Administrator/Clerk/Treasurer Cc: Spring Park City Council Greg Keller, City Prosecuting Attorney Encl: Memo from Nancy Beck, City Attorney, dated 10/30/03 July 14, 2006 Sheldon & Marion Meyers 4329 Channel Rd. Spring Park, Mn 55384 Cc: City of Spring Park Dear Sheldon & Marion, It saddens me that my right to use and rent my house has made me your enemy. I am aware that you would rather there be no activity at my house whatsoever. It is unfortunate that it bothers you that I allow my friends and relatives to use it, and that I choose to rent it on a month to month basis at my discretion. I must kindly remind you however, that it is my right to do so. I find it terribly disturbing that you approach everyone who accesses my property, not as a friendly neighbor, but to interrogate them with inappropriate questions such as what bedroom they sleep in, how much their rent is, and making me out to be some kind of criminal by telling anyone who will listen, that it is illegal for me to rent my house. I firmly believe in your right to freedom of speech, however, harassment and slander are illegal. The unkind and untrue remarks you make do get back to me. Even so, I have continually taken your position into consideration and turned the other cheek by ignoring them. I have also had to defend myself against the incorrect and false information you have given to the City on several occasions. I will not take it with a grain of salt any longer. What you do and have been doing is unfair and just plain wrong. I'm sure you don't know it, but since I have acquired my parents' home, I have always considered you (and the rest of the neighbors) when choosing a tenant. The first tenant, a single working man, promised to be quiet and respectful. When it turned out he wasn't, I cancelled his 1 year lease and evicted him, in part because you had notified me that he was disturbing you. After that, I recalled that my mom had a bed and breakfast at the house back in the 80's, so I went to the City and asked Bill Weeks if I could have a bed and breakfast there. He told me I could not because there was an ordinance against serving food, but I could rent out the house. So I chose to rent on a short term basis. My thinking was that although I would choose nice, decent people, if for some reason the tenant turned out to be undesirable, I (and the neighbors) would not have to worry about trying to evict them, their time would expire and they would just leave. Again, this was with the neighborhood being foremost in my decision, and I thought this was an excellent solution for everyone. You responded to that not by speaking to me about it, but by carrying a petition against me around the neighborhood. I found out about that petition by reading it in the Laker, in which that article contained several untruths about me by name. Hurt and upset, I went to the City council meeting (and invited you and the rest of the petitioners to attend) to defend myself and respond to your petition. Had you been there, you would have known that, there is no specific time minimum to rent a house in Spring Park, however, in a nutshell, the council felt that 30 days was reasonable. Although I (and my attorney) disagree with that interpretation, I have complied with it out of respect for the Council and you. Since then, I have turned down the many requests I have received for daily, weekend, and weekly rentals of the property, simply because I don't want trouble for myself or the City, but even more so, to try and appease you. You have me very frustrated because I have done everything I can think of to be respectful of you, and have gone out of my way to choose tenants who will do the same. But you continue to harass me, my friends, relatives, and tenants by contacting the City and telling them things that are untrue, and most recently, calling the police because of a smoking paper plate in the fire pit. In the unlikely event someone were to be unreasonably disruptive, I would expect you would ask them to stop in a neighborly fashion, I'm sure they would comply. If they refused to comply, it would then be appropriate to take further action. I am truly sorry that it upsets you so very much that I choose to rent my house, really I am. But it is my right to do so. Just as it is my right to invite my friends to come visit, or simply fish off my dock, or use my boat, just as do you. We also have the right to privacy, just as do you. The difference is, I have kept your rights in consideration and done my best to respect them. You have not respected our rights, mine, my friends', or my tenants. I do not interrogate the people who are at your property, even if they are out in your garage -cottage at 3:00a.m. on a Friday night. Although I may be curious, it is not my business who they are or what they are doing there, and it would be inappropriate to ask. So I am reminding you in a kind, neighborly way, I do not need your permission to entertain at my house, nor do my tenants, just as you do not need my/their permission. I, my guests, and my tenants have the right to be there, and we have and expect the right to our privacy, just as you do. As I said, I am sorry that you don't like that people are enjoying their lives at what used to be my parents home. I would rather not have people living there either, but it's what I choose to do, at least for now. I do not want to be your enemy. I would welcome hearing from you what actually is bothering you. Perhaps there is something I could to do make it more tolerable for you. If your complaint simply boils down to that you don't like living next door to a rental property, I apologize, and perhaps we could just agree to disagree, live and let live. In the mean time, I am asking you in a neighborly way, to be neighborly. I will do the same, and I will ask my friends and tenants to do the same. In this case, a simple "hello", smile, or wave would be sufficient. If you have a "bone to pick", let me know and we can try to resolve it between ourselves as reasonable neighbors should. Thank you for taking the time to read my letter. I hope we can find some common ground. Most Sincerely, Debbie Vertnik Oa Lake Allwek#ka Mayor - Jerome P. Rockvam July 17, 2006 (952) 471-9515 Council Joanna E. Widmer (952) 471-9429 Stephen and Debra Vertnik 5217 Windsor Road Bruce Williamson Mound, MN 55364 (952) 471-1029 Sarah Reinhardt Dear Mr. and Mrs. Vertnik, (952) 471-0767 Gary Hughes I am writing to inform you that the City of Spring Park has again (952) 471-7867 received complaints regarding the advertisement and the short term rental of your property at 4333 Channel Road (Port Charlotte). Administration Sarah Friesen Your property is located in an area zoned R-1. The uses permitted in Administrator the R-1 district include single and two-family dwelling units. The D.J. Goman Spring Park Zoning Ordinance states that a dwelling unit is a Utility Superintendent residential building intended for occupancy by a family, but not including hotels, motels, nursing homes, seasonal cabins, boarding Sharon Corl Deputy Clerk - or rooming houses, tourist homes, or trailers. The Spring Park City Attorney has determined our Zoning Ordinance would prohibit short Wendy Lewin term occupation for compensation and that the intent is to prohibit Office Assistant exactly the type of transient rental housing offered by the "Port Charlotte" in the R-1 district. There are many homes in the City of Spring Park that are not owner occupied and are instead rental property. However, such rentals are permitted because they are for residential use by families. This means the residence is used as a place to live for an extended or permanent period of time. The rental of property for purposes of using the property as one's home for an extended period is very different from short-term, daily or weekly vacation rentals of property. Such transient rentals are not a residential use and constitute the operation of a business, neither of which is permitted in the R-1 district. city OfCF,ar/hg Pqlk, 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-971 1 • (952) 471-9051 • Fax: (952) 471-9160 Email: CityofSpringParl<65�mchsi.com Please bring your property into compliance with the Spring Park Zoning Ordinance, including both changing your advertisements to the public and renting only to long-term tenants, not short-term vacationers. If you have any questions, feel free to contact me. Sincerely, Sarah Friesen Administrator/Clerk/Treasurer Cc: Spring Park City Council Nancy Beck, City Attorney XPRPM0 PARK OH Luke 1W##ek4w August 2, 2005 Mayor Jerome P. Rockvam (952) 471-9515 Councilmembers Debra Fischer Vertnik Joanna E. Widmer 5217 Windsor Road (952) 47 I -9429 Mound, MN 55364 Bruce Williamson (952) 471-1029 RE: Rental of 4333 Channel Road Sarah Reinhardt (952) 471-0767 Dear Ms. Vertnik, Gary Hughes (952) 471-7867 Unfortunately, the City of Spring Park has again received complaints regarding your rental of 4333 Channel Road ("Port Charlotte"). As you Administration were previously advised by the City in 2003, the short tern rental of Bill Weeks property is not permitted in the R-1 zoning district in which the Port Administrator Charlotte property is located. The various advertisements listed on the D.J. Goman internet regarding the property include the following statements: Utility Superintendent Sharon Corl "Quaint home available for short term vacation rental." Deputy Clerk "If you are looking for a quiet, cozy home on a short term basis, we are looking for you." "We have chosen to rent the house on a short term basis." "Summer Rent rates May -September 2005** Monthly-$2875 Weekly-$1175" "For stays of less than 7 nights, first nights stay-$120 week night, $135 if your stay begins on a week end." These statements do not indicate that you are complying with the City's request of you in 2003 to reassess your rental situation and find a solution that is compatible with the City's zoning ordinance. Only long-term rentals where the renter uses the property as a family residence is permissible in the R-1 zoning district. You may not rent the property on a weekly or a monthly basis. Qft , of cop fly Part 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-971 1 • (952) 471-9051 • Fax: (952) 471-9160 Please bring your property into compliance with the Spring Park Zoning Ordinance, including both changing your advertisements to the public and renting only to long-term tenants, not short-term vacationers. Sincerely, Ai6l1iiam(&D. Weeks Administrator/Clerk/Treasurer Cc: Spring Park City Council Greg Keller, City Prosecuting Attorney Encl: Memo from Nancy Beck, City Attorney, dated 10/30/03 Board's feeling that Hennepin County should continue to fund the two additional officers. He pointed out in light of the county's reduced budget the Board will continue to pressure the county to fund the two additional officers. Nelson reported that this past year new solar lights on buoys were added in 6 areas, milfoil harvesting started June 10` l to August 13`h, a new harvester and transporter was purchased from donated funds and the Board became involved in a zebra mussel program by donating $18,000 to support DNR inspectors at launch areas. He added there was concern because there were a number of times when some ramps were not attended and they hope to improve that situation in the future. Rockvam asked why the LMCD does not incorporate the funding of the two additional deputies into their budget to obtain funds from the area cities. Nelson pointed out some cities did not originally want to participate in the funding because they thought it was a county expense. Rockvam said he agreed it should be a Hennepin County expense. Rockvam also stated he thinks the placement of the lights on the buoys are successful and they make a big difference and the two-mile lights should be used. Nelson said they would have been twice the cost. Rockvam pointed out it would reduce spot light use on the lake. b) Debra Vertnik Re: 4333 Channel Road — 10/27/03 t Vertnik was present. Rockvam stated the City responded to a petition received from residents on Channel Road. He read the petition that stated, "the commercial business taking place at 4333 Channel Road is upsetting the peace and quiet of the neighborhood zoned R-1". Vertnik said she sent letters notifying neighbors of her position and invited them to come to this Council Meeting. She stated no one ever complained to her. She said she received a copy of the City Attorney's Memo regarding daily and weekly rental of her property. Vertnik said she has no desire to run a business from that house and what she is doing is not a business. She stated she had called the City in June and spoke with the Administrator about running a possible B & B or rooming house and was told no to a B & B or rooming house but that there is no minimum amount of time placed on house rentals. She pointed out she has never had any complaints or police calls. Rockvam said there was a complaint to the City from a neighbor. Michael and Wendy Berg, 4309 Channel Road, were present. W. Berg did point out a problem she encountered in September with renters at 4333 Channel Road. She said she did not know who the owned the home. Rockvam said the Council had a discussion on whether the short-term rental is a permitted use and decided to have the City Attorney review the complaint. He told Vertnik that she should have a policy for a rental agreement that complies with what the City Attorney Council—11/3/03 2 pointed out is a permitted use. Rockvam read the last paragraph on page two of the Attorney's memo that defines residential use and that transient rental is not a residential use of the property. Rockvam emphasized the key word is "extended period of time" and short-term rentals are not permitted in this zone. Vertnik said she respectfully disagreed with the interpretation. Williamson said cases have been established as to what makes a place a resident and is demonstrated by of a number of factors i.e. bank accounts, car license plates, voter registration, etc. that list the address of the resident. He added that courts are specific that one must demonstrate a pattern showing one's place of residence. Williamson said to Vertnik that what she wants to do with her property would have to be in a different zone. Rockvam pointed out the issue is the petition from the neighbors that are unhappy with what is going on at Vertnik's property. Vertnik again said the neighbors did not say anything to her that there was a problem. She also pointed out the City has several businesses in homes. Rockvam said the problem is the way the property is being rented and Vertnik will have to work it out. He added the residents want it maintained as an R-1 District and when a situation or home occupation is obtrusive and generates complaints it has to cease. Williamson pointed out there are other factors regarding a home occupation. He said the characteristic is the transient nature of the families, etc. points to the fact that there is no stability in residency that contradicts what is allowed in an R-1 District. Rockvam concluded the neighborhood is upset about the current rental situation and the City is asking Vertnik to reassess her rental problem and find a solution more compatible with the neighborhood because her current use is not allowed. c) Tom Scanlon Re: LMCD Rockvam said Scanlon expressed interest in the LMCD position being vacated by Nelson. He said it was a short term that expires January 31, 2005, and each full term is three years. Rockvam verified the Council would be filling the remainder of Nelson's term. He said he thought Scanlon would be an excellent candidate but he first asked the Council if any of them would like to have the position. Hoffman agreed Scanlon would be a good candidate. Williamson asked if Council Persons are allowed to serve and was told some already are on the Board. Hoffman asked Scanlon his opinion on the controversy on the funding of additional officers for the Water Patrol. Scanlon said he would like to obtain more information and go into this with an open mind. Hoffman asked Scanlon if he saw a difference between the funding or just having the officers on the lake. Scanlon said he appreciates what the officers and the sheriff's department has done on the lake and he is a strong supporter of both the department and the extra Council—11/3/03 3