HomeMy WebLinkAbout1997-08-04 Elizabeth Raleigh Ltr to OPH `rte Enclosure B
LAWSON, MARSHALL, MCDONALD & GALOWITZ, P.A.
LAWYERS
RAYMOND O. MARSHALL 3880 LAVERNE AVENUE NORTH
JOHN SCOTT McDONALD LAKE ELMO, MINNESOTA 55042
TRACEY ANN GALOWITZ
ELIZABETH A. RALEIGH TELEPHONE: (612) 777 - 6960 OF COUNSEL
ANNE GREENWOOD BROWN FACSIMILE: (61 2) 777 - 8937 RODERICK A. LAWSON
August 4, 1997 --
--511jE _
Honorable Mayor and Council Members AUG - 51997
CITY OF OAK PARK (21
Oak Park City Hall -
14168 - 57th Street North
Oak Park, Minnesota 55082
Dear Mayor and Council Members:
As you know, we represent Mr. and Mrs. James Vidana regarding
their request for a variance to your setback ordinance to allow
construction of a new garage on their property at 14387 Upper
56th Street North in Oak Park Heights.
I understand that despite our June 23, 1997 request, the Council
has decided not to reconsider the Vidanas' application for
setback variance.
As you know, the Vidanas consulted with the City Building
Inspector prior to turning their existing garage into a family
living room in 1991. The City Building Inspector, Mick Kaehler,
performed an on -site inspection and assured the Vidanas that they
could go ahead with their remodeling and they would still have
room to build a garage between the new living room and the
street. Robert Lafayette did an appraisal on November 13, 1992.
Prior to the appraisal, he also contacted Mr. Kaehler. Mr.
Kaehler verified that the Vidana house was set back far enough
from the street so a building permit would be granted when the
Vidanas decided to build a new garage.
The Vidanas relied on the assurances of the City Building
Inspector and proceeded with their remodeling. They turned their
garage into a living room and turned their living room into a
bedroom for their son.
After the Vidanas completed the remodeling they applied for a
building permit for the garage. The city has refused to grant
the permit. It is the City's position that the City Building
Inspector was wrong in 1991, and the house is not set back far
enough to allow for the new garage.
If the City Building Inspector was wrong, he was negligent in
City Council
August 4, 1997
Page Two
assuring the Vidanas that they would have room to build a garage
between the street and the family room after performing the
remodeling. The City was negligent in granting the 1991
remodeling permit based on the inaccurate representations of the
City Building Inspector. The Vidanas would never have remodeled
their house the way they did in 1991 if they had known they would
be prevented from adding a garage.
If the City will not grant the variance permitting the Vidanas to
build a garage, they will have no choice but to turn their living
room back into a garage. It will cost the Vidanas $34,500.00 to
turn the living room back into a garage and add a 20' x 20'
addition to the back of the house for the living room. If the
City will not grant the requested variance, we respectfully
request that the City pay the Vidanas damages in the amount of
$34,500.00 plus reasonable attorney fees.
Sincerely,
E izabeth A. Raleigh
EAR:mas
cc: Mr. & Mrs. James Vidana