HomeMy WebLinkAbout1997-06-23 Elizabeth Raleigh Ltr to OPH 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: (612) 777 -8937 RODERICK A. LAWSON
June 23, 1997
Honorable Mayor and Council Members
CITY OF OAK PARK
Oak Park City Hall
14168 57th Street North
Oak Park, Minnesota 55082
Dear Mayor and Council Members:
Please be informed that 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.
As you know, the Vidanas application for a setback variance was
recently turned down by the Council on a 3 to 2 vote.
We want to make sure the Council considered all the factors which
we believe to be important in regard to this request.
The Vidanas consulted with the City Building Inspector prior to
turning their existing garage into a family living room in 1991.
The Building Inspector at that time was Mick Koehler and he told
Vidanas they still had room for a garage between the street and
the family room before they went ahead with the 1991 remodeling.
Mr. Koehler has recently admitted to Vidanas and to Ken and Wendy
Kaiser that he made that statement and further evidence is set
forth in the appraisal on the property done by Bob Lafayette
which is attached.
We understand that a council always has to be concerned with the
precedent set by any granting of a variance. The precedent,
however, is limited to future cases involving the same
circumstance. It seems highly unlikely that there are many cases
in the City which are like this one where the owners remodeled a
garage only after receiving assurance from the City Building
Inspector that they could construct a new one between the old
garage and the street.
Your ordinance at the time required that a 2 car garage site be
shown on site plans and yet the City granted the remodeling
permit where it now finds there is no room for a garage. It
P
Honorable Mayor and Council
Members
June 23, 1997
Page Two
seems reasonable to conclude that the City would not have granted
the 1991 permit unless the City believed a garage could be built
on the site in the future. To now take the position that a
portion of the house would have to be torn down to provide this
site flies in the face of common sense. Certainly, the City
would not allow a site plan now where the future garage site was
taken from part of the house itself.
We respectfully request you to reconsider this variance request
based on these particular unique circumstances. Vidanas intend
to take legal action to compel issuance of a building permit for
the garage if a variance is not granted to them.
Please reconsider this request.
Sincerely,
/
J- O r / _
Eluzabeth A. Raleigh
EAR:mas
Enclosure