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Correspondence - 4341 Channel Road - 5/28/2021Wendy Lewin From: Alan R. Brixius [abrixius@nacplanning.com] Sent: Tuesday, January 26, 2010 4:03 PM To: Wendy Lewin Subject: Re: Building Height According to the Spring Park zoning ordinance, Building height is measured for the mean ground elevation of a specific elevation to top of a flat roof, to the mean distance of the highest gable or hip roof, to the deck line of a mansard roof to the uppermost point on all other roof types. If you have any further questions please contact me at your convenience. Alan Brixius ----- Original Message ----- From: Wendy Lewin To: Alan Brixius Sent: Tuesday, January 26, 2010 11:00 AM Subject: FW: Building Height Al, please see the designer's question below about where measurements are taken for building height. Thanks. Wendy From: Terry Mikkelson [mailto:terry@dfpdesign.com] Sent: Tuesday, January 26, 2010 10:57 AM To: Wendy Lewin Cc: Russ Embretson; Robert Keskitalo Subject: Building Height In your city code it says that the max. height for a principal structure in a R-1 district is 2 1/2 stories or 35'. My question is where is the 35' measured from and to? Terry DFP Planning & Design Ph 763.780.8004 Fax 763.780.8015 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. Thanks for your help and advise. Bob Keskitalo --- On Mon, 11/30/09, Alan R. Brixius <abrixius nacp[anning.com> wrote: From: Alan R. Brixius <abrixius@nacplanning.com> Subject: Re: New Channel Rd Survey To: reskitalo@prodigy.net Cc: "Wendy Lewin" <wlewin@mchsi.com>, "Jim Brimeyer" <JBrimeyer@ci.spring-park.mn.us> Date: Monday, November 30, 2009, 10:54 AM The Variance if approved is a exception to the setbacks and is applicable to all walls including the basements. The Spring Park zoning ordinance Section 3 subd.C.3. requires the following: 3. Design Criteria for Structures - High Water Elevations/ Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood -proofed must be determined as follows: by placing the lowest floor at a level at least three (3) feet above the highest known water level, or three (3) feet above the ordinary high water level whichever is higher. The 100 year flood elevation is 931'. The Ordinary High Water Level of Lake Minnetonka is 929.4 feet.' It appears that your building pad lies outside the flood plain as such the lowest floor including basement should be a 932.4 elevation. The Planning Commission Chair strongly recommends that you pursue soil borings prior to building to find the water table levels and to determine if the soils are appropriate for your type of construction. Alan Brixius Original Message ----- From: RKeskitalo To: Alan Brixius BATH N I FAMILY LIVING ROOM i 7' 1 DINING r• -- - ,I CLOSET �I �I II I �J LIVING AREA 1533 sq h KITCHEN j .._ 22' - . __- Wendy Lewin From: Alan R. Brixius [abrixius@nacplanning.com] Sent: Thursday, January 28, 2010 7:40 AM To: RKeskitalo Cc: Wendy Lewin; Jim Brimeyer Subject: Re: House Height The height dimension is consistent with the City's definition for Building Height. The Plan is acceptable. Alan Brixius ----- Original Message ----- From: RKeskitalo To: Alan Brixius Sent: Wednesday, January 27, 2010 8:01 AM Subject: House Height Alan; I don't know if a copy of the proposed house was sent to you to see exactly what the house height is. I'm attaching a copy of the prelim on the house. Sheet l shows the height to the mean line of the roof. This dimension is 31 ft-4 in. The overall height (to peak) is approx. 40 feet, per your response to Terry this appears to be acceptable. Is this correct? Let know if there is a problem. We're almost complete with the design and this is one of the last issues that I want to make sure is OK. Thanks for your help. Bob Keskitalo Wendy Lewin From: Alan R. Brixius [abrixius@nacplanning.com] Sent: Thursday, April 01, 2010 2:23 PM To: RKeskitalo Cc: Jim Brimeyer; Wendy Lewin Subject: Re: Fireplace Bump -out on Plan L:Z•1: This is a problem in that the original plans did not show the jog in the west wall and the variance was given to the setback on the west side of the lot base on the plans submitted. The fireplace cannot extend into this reduced setback. Alan ----- Original Message ----- From: RKeskitalo To: Alan Brixius Sent: Tuesday, March 23, 2010 10:24 AM Subject: Fireplace Bump -out on Plan Alan; I would like to provide a bump -out for the fireplace in the Family Room. I would need approximately twelve (12 inches) inches on the outside of the house on the west side. This would allow the fireplace to be flush with the book shelves in the Family Room. Will this be a problem? Please let me know. Thank you. Bob Keskitalo Wendy Lewin From: Alan R. Brixius [abrixius@nacplanning.com] Sent: Monday, November 30, 2009 10:54 AM To: reskitalo@prodigy.net Cc: Wendy Lewin; Jim Brimeyer Subject: Re: New Channel Rd Survey Bob: The Variance if approved is a exception to the setbacks and is applicable to all walls including the basements The Spring Park zoning ordinance Section 3 subd.C.3. requires the following: 3. Design Criteria for Structures - High Water Elevations/ Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood -proofed must be determined as follows: by placing the lowest floor at a level at least three (3) feet above the highest known water level, or three (3) feet above the ordinary high water level whichever is higher. The 100 year flood elevation is 931'. The Ordinary High Water Level of Lake Minnetonka is 929.4 feet. It appears that your building pad lies outside the flood plain as such the lowest floor including basement should be a 932.4 elevation. The Planning Commission Chair strongly recommends that you pursue soil borings prior to building to find the water table levels and to determine if the soils are appropriate for your type of construction. Alan Brixius Original Message From: RKeskitalo To: Alan Brixius Sent: Friday, November 27, 2009 12:52 PM Subject: New Channel Rd Survey Alan, Here is a copy of a portion of the new survey plot. I will be dropping off a copy to the city on Monday. I do have one question at this time. If the variance is approved and I move forward with this project, can I build this house with a basement? I need to know this, because this is major factor for me to proceed. Thanks, Bob Keskitalo Wendy Lewin From: RKeskitalo [reskitalo@prodigy.net] Sent: Tuesday, December 01, 2009 9:09 AM To: Alan R. Brixius Cc: wlewin@mchsi.com; Jim Brimeyer Subject: Re: New Channel Rd Survey Alan; Based on this information I will not be able to proceed with this project. At this time I would request that all activity in regard to building on Channel Road be placed on hold. I may re -assess the situation at a later date but for now I can't move forward with this project. Thanks for your help and advise. Bob Keskitalo --- On Mon, 11/30/09, Alan R. Brixius <abrixius nacplannine.com> wrote: From: Alan R. Brixius <abrixius@nacplanning com> Subject: Re: New Channel Rd Survey To: rkeskitalogprodigy. net Cc: "Wendy Lewin" <wlewin e,mchsi.com>, "Jim Brimeyer" <IBrimeyer@ci.spring-park.mn.us> Date: Monday, November 30, 2009, 10:54 AM The Variance if approved is a exception to the setbacks and is applicable to all walls including the basements The Spring Park zoning ordinance Section 3 subd.C.3. requires the following: 3. Design Criteria for Structures - High Water Elevations/ Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood -proofed must be determined as follows: by placing the lowest floor at a level at least three (3) feet above the highest known water level, or three (3) feet above the ordinary high water level whichever is higher. The 100 year flood elevation is 931'. The Ordinary High Water Level of Lake Minnetonka is 929.4 feet. It appears that your building pad lies outside the flood plain as such the lowest floor including basement should be a 932.4 elevation. The Planning Commission Chair strongly recommends that you pursue soil borings prior to building to find the water table levels and to determine if the soils are appropriate for your type of construction. Alan Brixius ----- Original Message ----- From: RKeskitalo To: Alan Brixius Sent: Friday, November 27, 2009 12:52 PM Subject: New Channel Rd Survey Alan, Here is a copy of a portion of the new survey plot. I will be dropping off a copy to the city on Monday. I do have one question at this time. If the variance is approved and I move forward with this project, can I build this house with a basement? I need to know this, because this is major factor for me to proceed. Thanks, Bob Keskitalo I( iL b i i PATIO �I PORCH LIVING ROOM r , 7' BATH DINING A-1 II CLOSET II I� 1� 10, FAMILY i - i p i I 'I I� T i I LIVING AREA — 1580 sa n j� KITCHEN / I UP u i VQ V) (2 �� l BOLLIG & SONS, INC. JIM BEUCH Expert Excavating & Grading Residential & Commercial Demolition Jobs (952) 938-4133 Cell: (612) 369-5017 11401 County Road 3 Hopkins, MN 55343-7423 Fax: (952) 938-9615 bolligandsons@msn.com 3pQ8]G PARK On Lake Nun#eto#ka July 7, 2010 Jim Beuch Bollig & Sons, Inc 11401 County Road 3 Hopkins, MN 55343-7423 Sent Via Fax: 952-938-9615 Dear Jim: Thanks for dropping off your demolition permit application yesterday. As discussed, I thought there might be some additional paperwork required from our building inspections official at Mnspect. They sent over the attached two page permit submittal checklist. Please complete this new document and forward it to my attention. Once I receive this, I will forward your permit application and the two page checklist to Mnspect for their review. Sorry about the confusion. Obviously, our city doesn't do demolitions very often. Sincerely, Wendy Lewin City Clerk of sinq Par. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 All of the foregoing requests must be completed and signed -off PRIOR to the start of any demolition. The undersigned owner/contractor hereby agrees as follows: l . The structure shall be kept enclosed and/or secured until such time as demolition is complete. 2. Demolition debris will be kept off adjoining property and/or the public rights -of -way unless specific, prior approval is obtained in writing for temporary use thereof. 3. Foundations shall be completely removed from the ground. 4. All demolition debris shall be completely disposed of off site in accordance with all applicable PCA requirements. 5. Water wells must be abandoned in accordance with the State Health Department regulations. 6. Inspection required when all debris has been removed — before backfilling. 7. Within five working days of superstructure removal, a final inspection shall be requested. The site shall be left clean and clear of all debris, with any excavation filled with earth level with the adjacent ground elevation (except when such excavation is to be used as part of a new building and such new building is actually under construction). 8. Septic systems must be abandoned per MN Rules Chapter 7080. All septic tanks must be pumped, crushed and filled with native soils. An inspection is required after the tanks are pumped and before the tanks are crushed and filled. 9. The undersigned owner shall and hereby does indemnify and hold harmless the City of Spring Park, its agents, employees and assigns from and against all claims, damages, losses or expenses, including attorney fees, against the City, its agents, employees and assigns arising out of or resulting from the demolition described herein as performed by the property owner, his employees, agents, subcontractors or assigns. The undersigned hereby applies to the City of Spring Park for issuance of a Demolition Permit, agrees to do all the work in a strict accordance with the ordinances of the City and the regulations of the State of Minnesota, and certifies that all statements made on this application are complete, true and correct. Applicant's Signature Owner's Signature Approved By: Page 2 of 2 SPRING PARK On Lake Minnetonka Sent April 11, 2012 Debra and Steve Vertnik 5217 Windsor Road Mound, MN 55384 RE: 4333 Channel Road Dear Debra and Steve: Last week when the water meters were being read our utility superintendent noticed what seems to be a large amount of brush and tree debris in the yard at the above referenced address. As of this date, it still remains. Because the city has a nuisance ordinance that addresses this, we are asking that you make arrangements to have the brush and tree debris removed as soon as possible. This brush also poses a fire hazard. The City of Spring Park contracts with a drop-off site located in Minnetrista. Enclosed for your reference is more information regarding this site. It is free to Spring Park residents and I would believe that to mean property owners as well. If you presented a property tax statement showing your name and then a photo ID, I would believe that would suffice. Please make arrangement to get rid of the tree debris as soon as possible. Thank you. Sincerely, Wendy Lewin, City Clerk Enclosuree-S fax.Se Hello Wendy, We received your letter and I wanted to let you know we have been cleaning up the brush as best we can since we had the trees cut/trimmed a few weeks ago. We don't like the mess either, but this is a huge job and it's just not something 2 people with full time jobs can get done all at once. We are continuing to work on it, and will have it all cleaned up just as soon as we can. Thanks very much for your patience and understanding. Debbie Tertnik c o f S'? nq Pave. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 From: RKeskitalo [mailto:rkeskitalo( prodigy.netl Sent: Wednesday, April 18, 2012 2:40 AM To: Wendy Lewin Subject: Burning Regulations Hi Wendy, Thank you for your attention to the.brush issue in the Vertnik's yard. We appreciate the fact that you didn't mention our name in notifying them about our concerns, as they are already very unfriendly to everyone in the neighborhood, including us. As I mentioned in my e-mail of last week, we were worried that Steve Vertnik would burn these huge piles of brush, rather than taking them to St. Boni, since he has burned yard waste in the past. True to form, he spent the weekend burning brush in his yard, subjecting the neighborhood to acrid smoke for two days. I'm not sure if this is allowable under "recreational fire" regulations, but the thought of his spending every weekend of the summer burning brush is not a pleasant one - to say the least. He has so much brush that it would take that long, if not longer, to burn the huge piles he has stacked up in his yard. The past weekend's burning barely made a dent in these piles, so we are already envisioning weekends of smoke spreading throughout the neighborhood. Come summer, it will be necessary to keep our windows closed just to keep the smell out of our house and its contents. Living in Minnesota, we naturally look forward to open windows and fresh air, but thanks to continual weekend burning, that will definitely not be the case. We can't imagine why he did not have the company that cut down these trees remove them as well - or why he does not rent a trailer and just haul them to St. Boni. At any rate, I thought I would alert you to the problem in the event that there is a regulation regarding trash burning, as opposed to recreational fires. We'd appreciate some clarification in this regard. Thank you, Candy Keskitalo 4341 Channel Road Wendy Lewin From: Wendy Lewin Sent: Wednesday, May 09, 2012 9:18 AM To: 'RKeskitalo' Subject: RE: Burning Regulations Attachments: municode.doc Hi Candy. How are things going next door? The city has taken a little bit of a back seat to this to see how it plays out. Vertnik's response to the letter sent to them about the brush burning was that they are trying as hard as they can to clean this up. I've attached a portion of our city code that speaks to noxious smoke. As difficult as this may seem, if you feel the burning has become a nuisance as described in the ordinance, the next step is to call the police. What this will do is start a record of complaints and we have more muscle to enforce administratively. Our hope, of course, is that this matter is being rectified with minimal disturbance to the neighbors. Wendy Lewin, City Clerk City of Spring Park 4349 Warren Avenue Spring Park, MN 55384-9711 (952) 471-9051 (952) 471-9160 (f) wlewinOci.spring-park.mn.us Sign Up for Spring Park E-Newsletter Wendy Lewin From: RKeskitalo [rkeskitalo@prodigy.net] Sent: Wednesday, May 16, 2012 2:54 PM To: Wendy Lewin Subject: Re: Burning Regulations Hi Wendy, Thanks for your reply. The problem continues, but we are hesitant about calling the police as an option. During this past weekend of gorgeous weather, we could not even sit on our deck or open our windows due to the terrible stench of Steve Vertnik's noxious brush burning. To be confined like this is beautiful summer weather is downright depressing. Steve apparently does not believe burning regulations apply to him. He not only continues to burn in both calm and windy weather, but even left for his home at night with burning cinders still glowing in his yard To addto the situation next door, he has not mowed his lawn, i.e., weeds, even once this year. What grass he does have (and it is minimal) is very high and the many weeds are growing so fast they now resemble small shrubs. We are at a loss as to why the Vertniks continue to hang onto this property, as they have not maintained the home or the property and rarely even use it any longer. Their pontoon and two boats are both still stored on the lot and driveway, with weed growth flourishing around them. If not for the Meyers paying to have the many dead trees on this lot removed and trimmed for fear they would collapse on their own home, nothing would have been done about that situation either. I doubt whether they counted on Steve to burn all the limbs and brush that resulted, considering that the St. Boni option of removal was available for this`purpose. While we sweltered inside our home last night with the windows closed to the noxious fumes, Steve, whose lungs must be impervious to smoke, sat outside relaxing with his beer, completely oblivious to the air pollution he is creating for everyone else. While we are hesitant to call the police, if this is they only way to have city burning regulations enforced, it may be our only choice. Yes, the Vertniks are trying very hard to clean up the brush mess, but the fact' remains they are burning it, polluting the air and making our lives miserable. Thanks, I Wendy Lewin From: RKeskitalo [rkeskitalo@prodigy.net] Sent: Monday, June 04, 2012 2:39 PM To: Wendy Lewin Subject: Copy of letter to the Vertniks Hi Wendy, Below is a copy of a letter we will mail to the Vertnik's. We thought you should be aware of this. Candy Keskitalo June 4, 2012 Steve and Debra, After spending many a beautiful summer day and evening confined to our house with the windows closed as a result of the noxious billows of eye -burning smoke coming from your constant burning, we are writing to let you know that we will take the advice of the City of Spring Park and call the police if this continues. You have shown absolutely no regard for your neighbors as you continue to burn brush, weeds and eve wet milfoil, rather than simply bagging it up and taking it to the St. Bonifacius facility as everyone else in the neighborhood does. The noxious smoke has literally polluted the surrounding air so badly, that even our dog, Who usually loves being outside, wants to come back into the house whenever she is let out. These constant fires are not within city regulations for burning, as they can hardly be classified as recreational fires. We are taking the option of writing to you for the simple reason that neither of you has demonstrated a willingness to be reasonable. The very fact that you have screamed and sworn at us in the past over completely trivial complaints while our house was being built, has made us reluctant to speak with you about about this situation. While we were happy to see you finally mowed your lawn (i.e. weeds), the fact that you have now chosen to burn them has definitely dampened our enthusiasm. In speaking to the city about this matter, we have been advised that the best way to deal with the situation is to call the police in order to set up a file relating to this matter. While we have previously been reluctant to take this step, we now feel that you should be forewarned that we have become so tired of being confined to our house during beautiful summer days, that we will indeed call the police. I doubt whether your neighbors in Mound would have tolerated the constant billows of smoke permeating the air — and neither will we. Sincerely, Bob and Candy Keskitalo Sec 20-34: Recreational fires. The following rules and regulations regarding recreational fires are hereby included in the Fire Prevention Code for the City of Spring Park. No person shall, commence, conduct or allow any recreational fire in violation of the conditions described below. The regulations contained in this section are not applicable for fires contained in a charcoal grill, camp stove, or other similar device. Subdivision 1. Definitions. For purposes of this section the following definitions shall apply. (a) (b) (c) (d) (e) (f) (g) Attendant is the same as a competent, unimpaired adult. Burner means a firebox, a barrel or similar container used for an outdoor fire, but not including grills or barbecues used principally for the cooking of food. Competent, unimpaired adult means a person over 18 years of age who is not under the influence of alcohol or other drugs, who shall be the responsible party for directly supervising an open burn and who shall be responsible for ensuring compliance with this section. Fire chief means the appointed fire chief or any individual designated by the fire chief to perform specific duties. Recreational fire means a fire set for cooking or warming or other recreational purposes which is not more than three feet in diameter and three feet in flame height, and has a noncombustible separation between the fire area and adjoining combustible material such as bricks or stones and has had the ground five feet from the base of the fire cleared of all combustible material. Starter fuels means dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles, commercially available products for use in starting charcoal grills and alcohols are permitted as starter fuels and as aides to ignition only. Propane -gas torches or other clean -burning devices causing minimal pollution may be used to start up an open fire. Starter fuels do not include gasoline, diesel fuel, kerosene, and hearing oil. Wood means dry, clean fuel only such as twigs, branches, limbs, "Presto -logs", "Duraflame logs", charcoal, cord wood, and untreated dimensional lumber, including clean pallets. "Fuel' does not include wood that is green; leaves or needles; grass clippings; garden waste; wood that is rotten, oil soaked or treated with paint, glue or preservative; plywood, particle board, chip board, finished paneling, or painted, treated, or stained cardboard or paper. Subdivision 2. General requirements. The following general requirements shall apply to all recreational fires: (a) The fire shall be attended by a competent, unimpaired adult at all times that smoke is produced from the fire. (b) (c) (d) (e) (f) (g) Equipment to control and extinguish the fire shall be immediately available to the attendant at the site of the fire at all times during burning. This may include hand tools, hose lines, and water buckets. A means of summoning the fire department shall be available for use by the attendant. Only wood, as defined in Subdivision 1(g) and starter fuels as defined in subdivision 1(f) may be burned in a recreational fire. The fire may not be started or continued in situations where prevailing winds or other factors create an unsafe condition or direct smoke toward other nearby residences. The fire shall be located a safe distance from any structure or combustible material. Recreational fires may be conducted at any time of the day or night. Subdivision 3. Certain recreational fires prohibited. Recreational fires shall not be allowed if any of the following conditions exist: (a) (b) (c) (d) (e) (e) A fire hazard exists or develops during the course of the burn. Pollution or nuisance conditions develop during the course of the burn. The fire is left unattended, or the attendant is impaired. The fire is allowed to smolder with no flame visible and is unattended. Any of the conditions of this section are violated during the course of the burn. Negligent fires. Section 104.10 of the Minnesota State Fire Code is hereby amended by adding a new section 104.10.2 to read as follows: 104.10.2. It shall be an offense punishable as a misdemeanor to negligently or carelessly start or cause to be started a fire which endangers the property of another or to negligently or carelessly allow a fire to extend beyond the limits of one's property or property within one's control. The term "property" shall include real and personal property. Sec. 18-61. - Outdoor burning. person shaft willfully bum or set fire to any grass, weeds, leaves or any other natural ground cover and outdoor fires properly contained may be used for the cooking of foodstuffs, warmth or without a permit; however, such fires shall not be used forpurposes of refuse or shall not violate Sec 18-182: The following are declared to be nuisances affecting public health: (1) (2) (3) (4) (5) (6) (7) (8) All ponds or pools of water which are not constructed and maintained in accordance with a valid permit or as otherwise specifically authorized by the city council upon a showing of good cause and adequate protection of public health and safety. All rotten, spoiled or similarly unwholesome food offered for sale to the public. Portable toilets and garbage cans which are not rodentproof or flytight, or which are so maintained as to constitute a health hazard, or which emit foul and disagreeable odors. The effluence from any cesspool, septic tank, drainfield or sewage disposal system discharging upon the surface of the ground, or dumping the contents at any place other than such place as authorized by law. Accumulations of stagnant water, manure, rubbish, cans or other debris which are breeding places for flies, mosquitoes or vermin, or which emit foul and disagreeable odors. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, industrial chemicals, waste or other substances. All noxious weeds and poisonous plants; including but not limited to poison ivy, poison oak and ragweed; plants detrimental to health; any growth of weeds, grass, brush or other rank vegetation to a greater height than six inches; and accumulations of dead weeds, grass or brush upon public or private property. This subsection shall not be deemed to apply to weeds, grass or other growths of vegetation so situated that it is extremely and unreasonably difficult to mow or otherwise remove them. anse smoke, noxious fumes, gas, soot or cinders in such quantity as to render the occu ar property uncomfortable to a person of ordinary sensibilities, also the burning of rubber, sase or other material which creates pungent or disagreeable odors or which is hazardous Wendy Lewin From: Tracy Montgomery [Tracy@mnspect.com] Sent: Monday, November 01, 2010 4:42 PM To: Wendy Lewin Subject: 4341 Channel Rd Hi Wendy, The plumber for the new home at the above address is Terry Nelson Plumbing - license 59003PM. thanks, Tracy Montgomery Administrative Assistant Building Inspections Department MNSPECT 235 First Street West Waconia, MN 55387 T: 952-442-7520 F: 952-442-7521 trace cDmnspect.com Wendy Lewin From: RKeskitalo [rkeskitalo@prodigy.net] Sent: Saturday, September 04, 2010 8:58 AM To: Jim Brimeyer; Wendy Lewin Cc: russembretson@gmail.com Subject: Lot Survey Jim & Wendy; Russ and I did a quick measurement on the width of Steve's lot on Friday. We measured from my current marker on the lake side across to the east (towards Meyers house) to verify how far the 49.67 ft was. That side has a lot of brush, bushes and other assorted stuff there so it is difficult to get a specific location. However, there appears to be sufficient room there to place the lot line at 49.67 ft on the east side of their lot. A survey would be the only way to establish that lot line. Gronberg in Long Lake was the surveyor that did our lot. Since the one side is already done the cost to find the other side should be relatively inexpensive. A survey to mark the corners of the lot should be $400 to $500 dollars. If Steve is really interested in resolving this issue, that would be the way to go. don't want this to drag out to the point that it's to cold/frozen to do any building this year. Thanks; Bob Keskitalo Wendy Lewin From: RKeskitalo [rkeskitalo@prodigy.net] Sent: Wednesday, December 02, 2009 10:06 AM To: Wendy Lewin Subject: RE: New Channel Rd Survey Hi Wendy. After reviewing the letter you sent, I would like to exercise the second option. Please close out the variance request. I do not want to pursue the original variance request. If we would decide to build, I would look at a different design that would not require any variance. , Thanks for all the help and advise. Bob Keskitalo --- On Tue, 12/1/09, Wendy Lewin <wlewin@nchsLcom> wrote: From: Wendy Lewin <wlewin@mchsi.com> Subject: RE: New Channel Rd Survey To: rkeskitalo@prodigy.net Date: Tuesday, December 1, 2009, 10:45 AM Hi Bob. Please see the attached letter regarding your variance postponement. Please respond back to me no later than Thursday, December 3`d. Thanks. Wendy From: RKeskitalo [mailto:rkeskitalo@prodigy.net] Sent: Tuesday, December 01, 2009 9:09 AM To: Alan R. Brixius Cc: wlewin@mchsi.com; Jim Brimeyer Subject: Re: New Channel Rd Survey Alan; Based on this information I will not be able to proceed with this project. At this time I would request that all activity in regard to building on Channel Road be placed on hold. I may re -assess the situation at a later date but for now I can't move forward with this project. XPR RVill F111PARIDW 0n lake /✓✓nffek#ka December 1, 2009 Mr. Robert Keskitalo 15101 Tammer Lane Wayzata, MN 55391 RE: Variance Request for 4341 Channel Road Dear Bob: Thank you for your e-mail dated December 1, 2009 requesting your application for variance be placed on hold. Upon discussing your request with Al Brixius, our city planner, he suggests you exercise one of two options: 1. Continue your variance request and let the Planning Commission make their recommendation at their December 9th meeting to the Council and then have the Council review and decide. According to the City of Spring Park's zoning ordinance, Sub 7, Subd. D. Lapse of Variance of Appeal: "Whenever within one (1) year after granting a variance or appeal, the use as permitted by the variance or appeal shall not have been completed or utilized, then such variance or appeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original variance or appeal..." Sec. 7, Subd. C. 6 (c): "Whenever an application for a variance has been considered and denied by the Council, an application for a similar variance affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial..." By continuing the variance process, if the variance request is granted, you preserve your variance approval for one year. If your variance application is denied by the City Council, you can appeal in six months (new application fees would be assessed). 2. Formally withdraw this application for variance thereby closing this out. Regardless of either option, your variance application fee of $250 is non-refundable. Sec. 7, Subd C (1). Please notify the city of your option choice no later than Thursday, December 3rd so we can prepare the proper documents for submission to the Planning Commissioners. Sincerely, Wendy Lewin City Clerk Ci� 0 f - �rinJc Var� 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 Wendy Lewin From: RKeskitalo [reskitalo@prodigy.net] Sent: Tuesday, December 01, 2009 9:09 AM To: Alan R. Brixius Cc: wlewin@mchsi.com; Jim Brimeyer Subject: Re: New Channel Rd Survey Alan; Based on this information I will not be able to proceed with this project. At this time I would request that all activity in regard to building on Channel Road be placed on hold. I may re -assess the situation at a later date but for now I can't move forward with this project. Thanks for your help and advise. Bob Keskitalo --- On Mon, 11/30/09, Alan R. Brixius <abrixius(a)fzacP1annina.com> wrote: From: Alan R. Brixius <abrixius@nacplanning com> Subject: Re: New Channel Rd Survey To: rkeskitalo@prodigy.net Cc: "Wendy Lewin" <wlewin e,mchsi.com>, "Jim Brimeyer" <JBrime er ,ci.springpark.mn.us> Date: Monday, November 30, 2009, 10:54 AM Bob: The Variance if approved is a exception to the setbacks and is applicable to all walls including the basements. The Spring Park zoning ordinance Section 3 subd.C.3. requires the following: 3. Design Criteria for Structures - High Water Elevations/ Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood -proofed must be determined as follows: by placing the lowest floor at a level at least three (3) feet above the highest known water level, or three (3) feet above the ordinary high water level whichever is higher. The 100 year flood elevation is 931'. The Ordinary High Water Level of Lake Minnetonka is 929.4 feet. It appears that your building pad lies outside the flood plain as such the lowest floor including basement should be a 932.4 elevation. The Planning Commission Chair strongly recommends that you pursue soil borings prior to building to find the water table levels and to determine if the soils are appropriate for your type of construction. Alan Brixius ----- Original Message ----- From: RKeskitalo To: Alan Brixius Sent: Friday, November 27, 2009 12:52 PM Subject: New Channel Rd Survey Alan, "6 Here is a copy of a portion of the new survey plot. I will be dropping off a copy to the city on Monday. I do have one question at this time. If the variance is approved and I move forward with this project, can I build this house with a basement? I need to know this, because this is major factor for me to proceed. Thanks, Bob Keskitalo NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Mernoriat Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners,' nacplanning.com December 16, 2009 Mr. Robert Keskitalo 15101 Tammer Lane Wayzata, MN 55391 RE: Spring Park — 4341 Channel Road Side Yard Setback Variance FILE NO: 175.01 — 09.17 Dear Mr. Keskitalo: The City of Spring Park received your application for side yard variance to build a new home at 4341 Channel Road on October 19, 2009. Per Minnesota Statutes 15.99, Subd. (2), zoning applications must be formally reviewed and acted upon within 60 days of receiving a complete application. The 60 day review period for your application ends on December 19, 2009. MN Statutes 15.99 allows a municipality to extend the application review to 120 days if necessary for a thorough review of the zoning request. This letter provides official notification that the City of Spring Park is extending the review period on your application an additional 60 days per MN Statutes 15.99, Subd. 3.(f) to allow the City council time to evaluate your application on December 21, 2009. The reason for this extension was to have you provide a certificate of survey of your property. Said survey revealed conditions on the site that were different from the initial submission and changed the character of your request. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. Alan R. Brixius, AICP Spring Park City Planner Wendy Lewin From: RKeskitalo [rkeskitalo@prodigy.net] Sent: Thursday, December 10, 2009 9:02 AM To: Wendy Lewin Subject: Fw: proposed house building Channel Road Wendy; Here is a copy of the email from Iris in regard to us building. Bob Keskitalo --- On Wed, 12/9/09, Dryer, Iris <idrye►(a),ev1 net> wrote: From: Dryer, Iris <idryer a,ev3.net> Subject: proposed house building Channel Road To: wlewingmchsi.com Cc: rkeskitalogprodigy.net Date: Wednesday, December 9, 2009, 4:46 PM Wendy, I was hoping to be able to attend tonight's meeting Dec. 9th at 7PM but cannot due to my kid's scheduled activities. I wanted to let you and the Spring Park board members know that I have reviewed the proposed building plans of Bob and Candi Keskitalo for Channel Road (next door to my home at 4349) and I support the approval of their requested variance. It would place their home 8'Y from the property line dividing our homes versus the 10' required. I feel that variances should be approved by the board when they are minimal, the intent is to improve our neighborhood's attractiveness, and overall property values (such as this one). The Keskitalo's are very considerate neighbors and I am very fortunate to live next door to them. Since they feel that this extra space in their home is necessary to provide them with a more comfortable home in which to live, I am in support of that. Sincerely, Iris Dryer 612-702-6833 mobile