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Home My WebLink About01-104 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION Date July 2, 2001 Resolution 01-104 Motion By Mulvihill Seconded By Luick RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING WHEREAS, the Building Official of the City of Lakeville has attempted without success to have the owner of certain property remedy the hazardous condition of the single family detached dwelling situated on property at 10350 Upper 196` Way, Lakeville, Minnesota; and WHEREAS, the City Council has determined that the. building on the property constitutes a hazardous building within the meaning of Minnesota Statutes § 463.15, Subd. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota: 1. Pursuant to Minnesota Statutes § 463.16 et sec the City hereby adopts and approves the Demolition Order for Removal of Hazardous Building attached hereto as Exhibit "A". 2. The City of Lakeville finds that the building located at 10350 Upper 196' Way, Lakeville, Minnesota is a hazardous building within the meaning of Minn. Stat. § 463.15, Subd. 3. 3. The City's legal counsel, Campbell Knutson, P.A., 317 Eagandale OfFice Center, 1380 Corporate Center Curve, Eagan, Minnesota 55121, is directed to serve the Demolition Order and to proceed with enforcement in accordance with Minnesota Statutes § 463.15 et seg. ADOPTED this 2nd day of July , 2001, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Robert D. John ,Mayor 'I''TEST: • Charlene Friedges, City erk 92224.02 RNK:r06/29/2001 STATE OF MINNESOTA DISTRICT COURT • COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. IN RE: The Matter of a Hazardous Building DEMOLITION ORDER FOR Located at 10350 Upper 196' Way, City of REMOVAL OF A Lakeville, Dakota County, Minnesota HAZARDOUS BUILDING TO: Owners and lienholders of the above real estate: George B. Elder and Karen McNeal, Trustees of the Beverly V. Shaw Living Trust Dated October 1,1996 PLEASE BE ADVISED that pursuant to order of the Lakeville City. Council .and by authority of Minnesota Statutes § 463.15 et sec you have twenty (20) days from the date of service of this Order upon you, to remedy the hazardous condition of the building situated on • property at 10350 Upper 196' Way, City of Lakeville, County of Dakota, State of Minnesota, and legally described as follows: That part of Lot 4, Block 24, LENIHAN'S LOTS ANTLERS PARK, described as follows: Bounded on the south and east by the south and east lines of said Lot 4, bounded on the west by the east line of the west 10.00 feet of said Lot. 4, as measured at right angles to and parallel with the west line of said Lot 4, and bounded on the north by a line. described as follows: Commencing at the northeast corner of said Lot 4; thence South 01 degrees 41 minutes 23 seconds West, assumed bearing, on the east dine of said Lot 4 a distance of 80.00 feet to the point of beginning of the Zine to be described; thence North 89 degrees 43 .minutes 11 seconds West a distance of 24.01 feet; thence North 23 degrees 14 minutes S4 seconds West a distance of 8.32 feet; thence southerly a distance of 11.13 feet on a nontangent curve, concave to the east, having a radius of 380.00 feet and a cord .that bears South 09 degrees 46 minutes 23 seconds East; thence North 37 degrees SS minutes 46 seconds West a distance of 4.24 feet; thence North 89 degrees 43 minutes 11 seconds West a distance of 145.27 feet to the said east line of the west 10.00 feet of said Lot 4 and there terminating. • gz2a~.oa ~ RNK:r06/2412001 The single family detached dwelling as it is presently situated on the property constitutes • a health, safety, and. fire hazard to the residents of the City of Lakeville.. All personal property and fixtures shall be removed from the building within twenty (20) days from the date of service of this Order. The basis for. this Order is set forth in more detail in the Inspector's. Report dated October 25, 2000, attached hereto as Exhibit "A". If you fail to remedy the situation the City will seek permission from the District Court for the City to do so. The City will move the District Court for summary enforcement of this Order pursuant to Minnesota Statutes § 463.19 unless you remedy the situation within said twenty (20) day period or unless an answer is filed within twenty (20) days of service of this Order upon you. Upon enforcement of the Order by the City, the cost will be charged against the property pursuant to Minnesota Statutes § 463.21. • Dated: , 2001. CAMPBELL KNUTSON Professional Association BY: Roger N. Knutson, #57186 Soren M. Mattick, #27785X Lakeville City Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 ACKNOWLEDGMENT The City of Lakeville, by and through its undersigned attorneys, acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minnesota Statutes § 549.21, Subd. 2. Dated: , 2001. • Roger N. Knutson, #57186 92227.02 2 RNK:r06/2912001 'I I~ October 25, 2000 5 EXHIBIT "A" Ms. Karen McNeal, Trustee Beveriy.V. Shaw~Living Trust. Dated October 1, 1996 RE: .10350 Upper 196"' Way Lakeville. Minnesota Dear Ms. McNeal: Phis letter is in regards to the property at 10350 Upper 196"' Way in the City of Lakeville, which is currently owned by the Beverly V. Shaw Living Trust. At your request, I .inspected tha property on October 24, 2000. Qur landings were as follows: • All work related to sanitary sewer hook-ups, water hook-ups, and storm sewer drainage has been completed. • The geodesic dome is not completely framed.• The top of the dome has an opening covered with a tom canvas #arp and the southwesterly side has an opening in the wall. The front • entrance also lacks an exterior door. These exposures tv the e{ements, including wind, rain, snow, and ice, will eventually lead to deterioratioai. • Construction of the attached garage that waS r~riginally proposed with the home has not cornmenced.~ • There is no concrete that has been poured on the property. The foundation is constructed of treated wood wails on tap of pea rock footings, as originally proposed and in compliance with the Uniform Building Code. The basement floor has not been poured. A morn is cantilevered off the northerly side of the dome. No permanent support structure is in place for this appendage. The cantilevered room on a temporary support structure presents• a fife safety issue. ~ The home has not been secured to prevent entry by .unauthorized persons. Several aspects of the interior of the home present life safety concerns, including the lack of a stairway at the opening to the basement. + Limited plumbing has been done. A "Stop Work Order" was placed on the property in May 2000 because the work was being done by Mr. Elder, who is not a licensed plumber. • Extension of temporary electrical hook-ups and light fixtures has been completed. No other electrical work has been completed. The Temporary electrical hook-up presents 1rfe safety concerns. • A significant amount of construction debris exists on the property and may present liabilities. • • City o, f Lakeville 20195 Holyoke Avenue -Lakeville, MN 55044 • (952) 985-44017 •.FAX 985-494 *•ryeka~ ,oy ink t 1 . • s ~ There are signs Hof felting structure( integrity which wiA eventually lead to an unsafe condition The exposure to the elements and trespassing and the signs of structural failure suggest an unsafe use. Ali unsafe buildings, Structures or appendages are public nuisances and must be abated by repair, rehabilitation, demolition yr removal in accordance with the procedures in Minnesota Statutes, section 483.15 to 4&3.28. The best option for all parties would be to have the existing unsafe structure removed. Upon remove! of the structure, the City of Lakeville will be able to refund X5,706.54 to the Beverly V. Shaw Living Trust from the original $6,850.04 in building permit fees. The estate would then be Left with a valuable wooded lot. Lakeville has a strong residential market with sales of 6Q0 to 700 lots per year. To my knowledge, this is the only building permit approved far a geodesic dome home 1n Lakeville for over twenty years. Should you have any questions, plEase feel free to contact me at 952-985-4441. Sincerely, . CITY O LAKEVILLE rr Gene J, Abbott, P,E. Building Official c: Robert R Erickson, City Administrator Artyn Grossing, Community & Economic Development Director Ron Mullanbacti, Associate Planner Roger Knutson, City Attorney