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CAS-09_RENTAL LICENSECITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN U17 Administration Phone: 952.227.1100 Fax: 952.227,1110 Building Inspections Phone: 952.227.11 W Fax:952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone:952.227.1140 Fax: 952 227.1110 Park & Recreation Phone. 952.2271120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952,227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax 952.227,1110 Web Site www.ci.chanhassen.mn.us January 6, 2005 Gary Carlson 3891 West 6Vd Street Excelsior, MN 55331 Re: Variance for two-family dwelling Dear Mr. Carlson: Your property is zoned Residential Single Family, RSF. The RSF district permits one single-family dwelling unit per parcel. Previous inspection of your property revealed the use of a single-family dwelling unit as a multi -family dwelling. Chanhassen City Code defines a dwelling unit as follows: Dwelling unit means one (1) or more rooms which are connected together constituting complete, separate and independent living quarters, physically separated from any other room or dwelling unit which may be in the same building and containing permanent cooking, eating, sleeping and sanitary facilitiesfor the exclusive use of a single family maintaining a household The City understands that you are entitled to two rental units as a result of grandfathering; however that is not the issue. The dwelling units in question are those contained in the home addition that was built in 1996-1997, which your daughters live in. You made a verbal agreement with the City in early 2004 to apply for a variance to allow a two-family dwelling in the RSF district. The section of Chanhassen City Code pertaining to this issue is 20-59 and reads as follows: Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling. A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be allowed under the following circumstances.- (1) There is a demonstrated need based upon disability, age or financial hardship. (2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one (1) driveway and one (1) main entry. (3) Separate utility services are not established (e.g. gas, water, sewer, etc.). (4) The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. To date the City has not received a variance application. If a variance is not applied for by January 28, 2005, this matter will be forwarded to the City Attorney's Office for immediate action. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Gary Carlson January 6, 2005 Page 2 Your immediate cooperation in resolving this issue is greatly appreciated. Should you have any questions please contact me at 952-227-1132 or by email at imetzer@ci.chanhassen.mn.us. Respectfully Metzer Planner I Enclosures cc: Gregory Miller Kate Aanenson, Community Development Director Steve Torrell, Building Official gAplan\jm\rental licensing\3891 west 62nd streetdoc Mansfield Tan ick : Cohen P.A. Attorneys at Law March 29, 2004 Mr. Nathan Bouvet City of Chanhassen 7700 Market Boulevard, P.O. Box 147 Chanhassen, MN 55317 Re: Gary Carlson Property Dear Mr. Bouvet: My client, Gary Carlson, has advised me of a conversation with a representative of your department wherein a meeting of the concerned parties was discussed. Please provide to me your availability to meet and how long you think the meeting should be. I will try to be flexible in schedule such a meeting. Thank you for your assistance in this matter. cc. Gary Carlson 1700 Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-4511 Bmrxh afres in Saint Paul and Saint mums Park, Mi..w Very truly yours, MANSFIELD TAKN& COHEN, P.A ego M. iller tel 612.339.4295 fax 612.339.3161 www.mansfieldtanick.com Member Lawyers Assotiated Worldwide (LAW) and Netxork of Leading taw Finns RECEIVED MAR 3 "v 2N4 CITY OF CHANHASSEN All.oumeys licensed in MinnemN. Atmmeys alw licensed in Cull(omla, Diana a(Columbia, Illinois, New Y6,k and Wisronsin. Mansfield Tanick 0 Cohen P.A. Attorneys at Law March 19, 2004 Mr. Nathan Bouvet City of Chanhassen 7700 Market Boulevard, P.O. Box 147 Chanhassen, MN 55317 Re: Gary Carlson Property Dear Mr. Bouvet: RECE -B MAR 2 `2 2004 CITY OF CHANHASSEN My client, Gary Carlson, has forwarded to my office a copy of your March 12, 2004 correspondence wherein he is notified of a non -conforming use at his property in the City of Chanhassen. Please direct all future correspondence to my attention. You may not be aware, however, I corresponded with the City regarding this issue, and even met with certain City officials and inspectors last year. That correspondence can be located in Mr. Torrel's file. Without recounting the minutia of this matter, the following are important facts: 1. Mr. Carlson is entitled to two rental units as a result of grandfathering. 2. Mr. Carlson does not rent any other part of his house, except those areas which are grandfathered. 3. The balance of the addition to Mr. Carlson's house is occupied by his two daughters. One who is severely handicapped and requires constant attention (first floor), and the other daughter who assists with the care of her sister (second floor). The rooms located in the addition do not meet the definition as "dwelling units" as they are not exclusive or independent. Additionally, except for the allowed rentals, all those residing in the premises meet the City's definition of "family" for zoning purposes. If you would like to discuss this matter further, I would be available at 612-3394295. Very truly yours, MANSFIELD TANICK & COHEN, P.A. ego er cc. Gary Carlson 1700 Pillsbury Center South tel 612, 339.4295 All ammgi liwnwd in Minnemm. 220 South Sixth Street fax 612.339.3161 AMmeys alw licensed in Minneapolis, MN 55402-4511 www.mansfieldtanick.com Cal!/omia, DimiaajColvmbia, Illinois, New York and W,.tivn. 9mnch ores in Saint Paul and Saint Louis Park, Miim w Member Lawyers Asmnated Worldwide (LAW) and Network of Leading Law Firms March 12, 2004 CITY OF Gary Carlson CI�AN>�ASSEN 3891 West 62nd Street Excelsior, MN 55331 7700 Market Boulevard P147 Chanhasssen,en, MN 55317 Re: Noncom with City Rental Code Noncompliance y Licensing Administration Dear Mr. Carlson: Phone: 952.227.1100 Fax:952.227.1110 Staff conducted an inspection of your property and discovered that it is not in compliance Building Inspections with City Code. This letter is to formally notify you that your property is in violation of Phone.952227.11B0 the zoning ordinance. Fax 952.227.1190 Engineering Your property is zoned Residential Single Family, RSF. The RSF district permits one Phone: 952227.1160 single-family dwelling unit per parcel. The City's definition of a dwelling unit is one or Fax:952,227.1170 more rooms which are connected together constituting complete, separate and Finance independent living quarters, physically separated from any other room or dwelling unit Phone:952.227.1140 which may be in the same building and containing permanent cooking, eating, sleeping Fax:952.227.1110 and sanitary facilities for the exclusive use of a single family maintaining a household. Park & Recreation The inspection of your property revealed the use of a single-family dwelling unit as a Phone: 952.227.1120 multi -family dwelling, as defined by the above definition. The structure is being used as Fax:952,227,1110 a multi -family dwelling without a rental license and other approvals required by the city. Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 Cease and desist rental operation in order to rectify this. You have the right to apply for a Fax:952,227,1404 variance to allow a two-family dwelling in this district Sec. 20-59 Conditions for use of single-family dwelling as two-family dwelling, and apply for a rental license. Planning 8 Natural Resources Phone:952.227.1130 If you believe this letter is written in error, or you believe your property is a legal Fax: 952 227.1110 nonconforming use, then you have the right to appeal this decision as stated in Sec. 20-28 Public Works Board of Zoning Adjustments and Appeals. Otherwise, you must cease and desist your 1591 Park Road rental use immediately upon receipt of this letter. Phone: 952.227.1300 Fax:952.227.131D Thank you for your cooperation on this matter. Should you have any questions please Senior Center feel free to contact me at 952-227-1132 or by email at nbouvet@ci.chanhassen.mn.us. Phone: 952.227.1125 Fax:952.227.1110 Sincerely, Web Site www.ci.chanhassen.mn.us Nathan Bouvet Planning Department c: Kate Aanenson, Community Development Director gAplan\nb\rental licensing\7891 west 62nd strect.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautiful parks. A it place to live, work, and play. CAMPBELL KNUTSON Professional Association Attorneys at Law ThomasJ.Camphell (651) 452-5000 Roger N. Knutson Thomas M. Scott Fax (651) 452-5550 Elliott B. Knetsch Joel J. Jamnik *•* Andrea McDowell Poehler Direct Dial: (691) 134-61/5 Matthew K. Brokl' E-mai[Addrus: rknutson ck-iaw.com •ALw l.c W m Wieomin March 31, 2003 Mr. Gregory M. Miller Mansfield, Tanick & Cohen, P.A. Attorneys at Law 1700 Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-451 1 RE: GARY CARLSON PROPERTY / 3891 WEST 62ND STREET Dear Mr. Miller: John F. Kelly Matthew J. Foli Soren M. Matrick Marguerite M. McCarron Gina M. Brandt I represent the City of Chanhassen. Steve Torell, the City's Building Official, asked me to review the correspondence concerning the Gary Carlson property. The two additional dwelling units that were created as a result of the 1996 addition to Mr. Carlson's home violate the City's zoning ordinance. These areas within the home are used as independent living quarters. If the violation continues, a citation will be issued. BELL KN Y: _ ngpr N Kndtsen Chanhassen City Attorney RNK:srn cc: Steve Torell, Building Official APR 2 2003 CHANHASSEN INSPECTIONS Suite 317 0 Eagandale Office Center 9 1380 Corporate Center Curve 0 Eagan, MN 55121 Mansfield Tanick : Cohen P.A. Attorneys at Law February 17, 2003 Via Facsimile and U.S. Mail Mr. Steven B. Torell Building Official City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Gary Carlson Property Dear Mr. Torell: FEB 19 2003 CHANHASSENINSPEC11ONS Thank you for your correspondence dated February 12, 2003 regarding Mr. Carlson's property. In reviewing the items discussed, it is apparent that certain clarification is necessary, particularly regarding the designation of the property of a multi -family dwelling. Obviously this designation has a significant impact upon the building codes and other use issues related to the property. Key to our discussion is the definition of "renting." Since Chanhassen acknowledges the prior existence two rental units, and therefore the grandfathering of those units, it appears the areas of the house that remain dispute relate to the addition where Mr. Carlson's children reside. In your responsive voicemail to me on Thursday of last week you stated that you were not concerned with whether the children were actually paying rent. It appears that you are deeming this addition to be rental units primarily because of the existence of separate bathrooms and kitchenettes. As stated previously, Mr. Carlson's intention for the second level of the addition was always to house those who were helping with the "in home" care of his handicap daughter, not as a rental. In light of the above, it is apparent that Chanhassen approaches multi -housing issues different from other cities. I would request that you assist me by providing copies of your code relative to the definitions of "renting" and "multi -unit" buildings and the related codes. Please also provide to me copies of any building code or zoning code that you allege Mr. Carlson is in violation of. Moreover, my client wants to stress that the Chanhassen inspectors were, in fact, on the second floor of the addition while it was under construction and observed the 1700 Pillsbury Center South tel 612.339.4295 A/I attorneys licenvd in Minr¢som. 220 South Sixth Street fax 612.339.3161 Atmmgsalsolaemrdm Minneapolis, MN 55402-4511 www.mansfieldtanick.com Cali(omw,, D,s is of Columbia, Pima, New Yarkand Wistomk Bmmlr offices in Saint Poul and Saint Loon Perk, Mlnnerota Member LawyersAsodated Worldwide (LAW) and Nebvm* of Leading Law Firms Mansfield Tanick 19 Cohen P.A. Attorneys at Law Mr. Torell February 17, 2003 Page 2 improvements as built. I understand that the inspectors noted "O.K. to occupy" on one of the inspection reports. My client would like to find an alternate resolution to this issue, given the stated requirement that Molly's home health care provider have to vacate the house. I believe a meeting can be productive, however, in all fairness, a resolution that would require Mr. Carlson's family members to vacate their house would be untenable. I appreciate your ongoing assistance in this matter. Very truly yours, MANSFIELD TANIC & COHEN, P.A. o . Mi r GMM/Id cc: Gary Carlson Mansfield Tanick : Cohen P.A. Attorneys at Law Via Facsimile and U.S. Mail Mr. Steven B. Torell Building Official City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Mr. Gary Carlson's Inspections Dear Mr. Torell: January 30, 2003 This letter is to follow up our conversation earlier today wherein we discussed the inspections that were conducted at the home of Gary Carlson. As we discussed, my client is willing to take steps necessary to remediate those issues relative to the deficient permits. Moreover, this letter is to confirm the usage of my client's property that we discussed earlier today. As we discussed, my client's addition includes three levels, basement, main floor and second floor. The main floor is currently occupied by my client's disabled daughter, Molly. The second floor is currently occupied by my client's other daughter and her husband. This daughter participates in the care of Molly which, as you are probably aware, is a 24 hour care situation. The basement of the addition is currently unoccupied and my client has no intentions of using the space as a rental unit or bedroom space. Currently, there are two occupied rental units in the property, both of which I understand you had an opportunity to inspect and review. Please advise me of the inspection reports and or letter of action that you may be preparing and sending to Mr. Carlson. I would like to participate in this process through its resolution. I appreciate your ongoing assistance in this matter. 1700 Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-4511 tel 612.339.4295 fax 612.339.3161 www.mansf,eldtanick.com leq ygssF�/ °��OO� �O Aso FCT�O�s All aax mays Iiansed in Minnesota. Atmmeys also li.mi,d in Califomic, Dawdo/Columbia, Illima, New York and Wisconsin. V17 B.,h ohms in Saint NO acid Saint Louis Park, Minnesota Member. Lawyers Associated Worldwide (LAW) and Net"rk of Leading Law Firms JAN. 15.2003 11:40AM MANSFIELD TANICK CHN NO.990' P. 2 Mansfield Tanick : Cohen P.A. Attorneys at Law January 15, 2003 Via Facsimile and U.S. Mail Mr. Steven B. Torell Building Official City of Chanhassen 7700 Market Boulevard P.O. Boa 147 Chanhassen, MN 55317 Re: Mr. Gary Carlson / 3891 62nd Street Property Dear Mr. Torell: JAN 1 5 2003 CHANHASSEN INSPECTIONS I am in receipt of a copy of your correspondence to Mr. Gary Carlson, dated January 7, 2003. Please direct future correspondence regarding this matter to my attention. I also have had an opportunity to meet with Mr. Carlson to discuss the contents of the correspondence and the improvements that have been made to the above referenced premises. He has asked that I correspond with you (and hopefully we can discuss these matters telephonically as well) regarding the resolution of your concerns. It is important to note that in my conversations with Mr. Carlson, he made it clear that, at no time, has he purposely attempted to mislead anyone regarding the improvements or the occupancy of his property. He further was previously under the impression that he was in good standing with his rentals and with the City regarding the improvements. He is obviously willing to participate in any inspections or obtain any permits as may be necessary for the improvements. Mr. Carlson acknowledges some delays in the inspection process as a result of the grave illness of his father (who was residing at the premises) and who passed away a few weeks ago on Christmas Eve. I have attached, for your review, a copy of correspondence from the City of Chanhassen, dated July 5, 1988, wherein the City acknowledged the existence of the rentals at the property and grandfathered them in on certain conditions. It is of primary importance to note that Mr. Carlson has not expanded or enlarged the rentals at his property. The two rental units remain as they were on the date of the attached letter. Mr. Carlson has upgraded certain of the mechanicals for the house. I believe that these two rental units are occupied by Mr. Roghair and Mr. Clapp. As you are also aware, Mr. Carlson added an addition onto the premises in 1997. You may not be aware that this addition was for the benefit of Mr. Carlson's handicap daughter, Molly. The addition was built with handicap accessible facilities on the main floor. Molly 1700 Pillsbury Center South tel 612.339.4295 Sli oComC�llge�cd ir. Mmnmm. 220 South S'vah Street, fax 612.339.3161 Aemme�s ohv liermedin Minneapolis, MN $5402.4511 w v.nnansFicldtanick.coro Ca(i(wnio, Dv�iic a(Co/umeia, llfinoiy New Ycrk and Witmretin. 8mnsfl *,flM in $au: Ppul and lvnL.xPrA AV'n=aw Mmbcr. Lvyca AuaivG^a Worldw6de(LAM and NetIvk of Uading Law Firms JAN,15.2003 11:40AM MANSFIELD TANICK CHN N0, 990 P. 3 Mansfield Tanick Q Cohen PA, Auomgs at Caw Mr. Steven B. 7orell January 15, 2003 Page 2 requires a motorized wheel chair and special computer equipment for communication. Mr. Carlson's other daughter Megan lives above Molly on the second story of the addition (together with her husband) and assists with Molly's care. A family friend, Rose Fields also lived with my client and assisted with Molly's care (Ms. Fields is in the process of moving). As my client is willing to participate in any necessary inspection to determine the conformity with applicable codes, I would request that your determination that the property is 11unsafen be withdrawn. My client's only request is that the inspections be arranged in a manner so as to not be intrusive or upsetting to Molly and the tenants. If the inspections could be arranged one at a time we would greatly appreciate it. My client would also like to work with you to determine which items remain to be completed from any previous inspection. I would appreciate the opportunity to discuss this matter telephonically at your earliest convenience. Very truly yours, GN&Md Enclosure BAN 15 Zoa� ���c �l1NSPSC�IONS January 7, 2003 Mr. Gary Carlson 3891 West 62nd Street r�1p O(rF�1AT Excelsior, MN 55331 IICITY CI1H111llik1SEN Dear Mr. Carlson, 7700 Market Boulevard PO Box 147 This letter is to inform you that the City of Chanhassen has reason to believe you Chanhassen, MN 55317 are renting portions of your home, located at the above address, to as many as Administration four different tenants. We also have reason to believe that these tenant spaces do Phone: 952127.1100 not comply with the building code and fire code requirements for a multi -family Fax 952.227.1110 dwelling. You have also performed work in your home without first obtaining the Building Inspections required permits from the city and you then provided false information on plans Phone: 952.227.11 8D submitted for the purpose of obtaining said permits. Fax: 952.227.1190 Engineering The use of your home in this fashion, and the non -permitted building alterations, Phone: 952.227.11 6D is in violation of Chanhassen City Code and the Uniform Building Code, sections Fax:952.227.1170 102, 104.2.5 and 106.1. The home is therefore determined to be unsafe. The use. Finance of your home as a multi -family dwelling is hereby ordered to be discontinued. Phone:952.227.114D All residents occupying dwelling units in the home, which are found to be in Fax: 952.227.1110 violation, must vacate the building no later than February 3, 2003. Occupancy of Park & Recreation these dwelling units will not be allowed until such time as the building is - Pnone:952.227.1120 determined to be in compliance with all the requirements of the Chanhassen City Fax952227.111C Code and the Minnesota State Building Code. Recreation Center 2310 Coulter Boulevard You must contact me by January 15, 2002, to schedule inspections of the building Phone: 9522714400 to determine which areas of the home are in violation and to verify that this order Fax: 952.227.? 404 has been complied with. You must also notify any affected tenants. Failure to Planning & comply in the given timeframe will result in this matter being forwarded to the Natural Resour130 ces Phone: 952227.1City Attorney's Office for immediate action. I can be reached. at 952-227-1199. Fax: 952.221.1110 Public Works Sincerely, - 1591 Park Road Phone: 952.227.1300 /— Fax: 952.227.1310 % Senior Center Ste n . Tore Phone:952.227.1125 Building Official Far 952.227,1110 Web site CC: Kate Aanenson, Community Development Director www.d.chanhassen.mus Mark Littfin, Fire Marshal Bob Reid, Building Inspector Roger Knutson, City Attorney Suspected tenants: Alan & Megan Moore, Rose Fields, Lee Roghair, Clapp Property file: 3891 62nd Street g:1safety1br/garycarlson I The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A final place to live, work, and play. LI N. 15. 2003 11: 40AM July 51 1988 MANSFIELD TANICK CNN N0.990 P. 4 CITY OF CHANHASSEN 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (512) 937-1900 Mr. Gary Carlson 3831 vilest 62nd Street Excelsior, MN 55331 Dear Mr. Carlson, It is my understanding that you your home since 1982. Section states that nonconforming eases 1987 may continue if not expand also provides that nonconformin altered if the "livability" of. be advised though that if you d the home for one year, you earn RECEIVED JAW 15 2003 C H%ftsW IWSPECTIOWS have been renting a portion of O,71 of the Chanhassen City Code ,Ming prior to February 19, Pv6r enlarged, Section 20-74 (b) x;residential units may be he `knits is improved. Please scoi.,,inue renting a portion of t re+astablish the rental unit. Should you need further info,-mmation, lease feel free to contact me.':, �h .�i Barbara Dacy City Planner BD/cd -Zi 1 \4 PROPERTY INFORMATION Complex Name PRIVATELY OWNED Company/Owners Name GARY CARLSON Last Name CARLSON First Name GARY Initial Address 13891 WEST 62ND STREET City JEXCELSIOR State MN Zip Cod 55331- Work Phone (952) 474-3354 Fax Number F- Email Address Notes single family home w/2 rental units, upper unit and basement unit. 3 car attached garage, with carport. 2 detached garages. 2 story storage shed. 1 story shed. Playhouse. 2 horse stables/banns. Main building has 5 separate kitchen areas for 5 inividual living areas. Owner occupies one living area, daughter occupies one living area, one living area for guests, 2 living areas are rental dwelling units. Property Manager Name IGARY CARLSON Property Manager Phone (952) 474-3354 Rental Space Address 13891 WEST 62ND STREET Apt. # city 1EXCELSIOR State MN Zip Cod 55331- Tenant Phone Tenant Fax Number _ Tenant Email Name Date of Inspection DateIssued Notes acres. 8/20/2003 License Number 00-00036 PROPERTY MAINTENANCE INSPECTION REPORT Date 8/20/2003 Address 13891 WEST 62ND STREET Aptartment Number 1 License Number 00- 00036 Exterior Property Area All exterior property areas must be maintained in a clean, safe and sanitary condition. Building material not allowed to be stored outside. Exterior Structure Interior Structure oor rental unit -complying handrail required at stairs, kitchen DWV must be vented, ABS and PVC have complying connections, master bedroom requires egress window. nent rental unit -Okay. NOTE: ALL SLEEPING ROOMS REQUIRE A MEANS OF EGRESS. Rubbish and Garbage materials not allowed to be stored Extermination Conduct on Premises Miscellaneous rooms require a means or egress Complying Non -Complying Page— of Chanhassen Multiple Dwelling Inspection Date AUGUST 20, 2003 Complex Name GARY CARLSON RESIDENCE Address 3891 WEST 62ND STREET Contact GARY CARLSON # Buildings Total # units Year built LOCATION UNIT# X REQUIRES IMMEDIATE ACTION Inspector # units Refer to Accompanied by INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 952-227-1180 INSPECTION FOR I ! V F/r 5 -r7 `1 ` ; ; )'� E �TTIME TIME & DATE `IINN,SPECTITyION� DESIREDfly—i ADDRESS - l L-!^�)4(/! /6f�Z � PERMIT NO. Jnj/TAKFN BY'. WATER METER NO. REMOTE LOCATION Make corrections as listed above and schedule a re-ilispection. You —may not cover, conceal or proceed with construction in any areas that require correction until authorized by the building official. a L / = sr Date Time Inspector i l `v Z - 47`1 -- 335� Gregory M. Miller Mansfield Tanick © Cohen P.A. 1700 Pillsbury Center South tel 612.339.4295 220 South Soah Street fax 612.339.3161 Minneapolis, MN 55402 gmiller@mansfieldtanick.com I City of Chanhassen Complaint Form Date Received: r 0l f s /b -A- Received by: s_7� I Review Date: c,.9 Last 19Ter,M State 000 Address Ci I State �`� I Zip 3Ss`�IW�l�`� ty (�E" k�SSen Nnmr phnnP I Work Phone I Email Address Contplaiiit luformation Type of Complaint Location Nuisance, Misc. Animal Debris Storage BuTcring Cod Fire Code Noise Criminal Parking Traffic Action Taken/Comments: Please check a ropriate box: Advisory Letter Certified Letter Certified Notice Referred to Street Dept. Referred/City Attorney Citation Issued Referred to CCSO Referred to Engineering Referred to Utilities Meeting Other: Resolution/Result: Voluntary Compliance Action Pending Other: ElNo Further Action R_ Phone Call Warning Tag 11 In -Person 11 Corot Referral Date entered into computer g/safety/insp/form/Complaint Form January 7, 2003 Mr. Gary Carlson 3891 West 62nd Street CITY OF Excelsior, MN 55331 CgAUSEN Dear Mr. Carlson, 7700 Market Boulevard PO Box 147 This letter is to inform you that the City of Chanhassen has reason to believe you Chanhassen, MN 55317 are renting portions of your home, located at the above address, to as many as Administration four different tenants. We also have reason to believe that these tenant spaces do Phone:952227.1100 not comply with the building code and fire code requirements for a multi -family Fax 952227.1110 dwelling. You have also performed work in your home without first obtaining the Building Inspections required permits from the city and you then provided false information on plans Phone:952227.1180 submitted for the purpose of obtaining said permits. Fax 952227.1190 Engineering The use of your home in this fashion, and the non -permitted building alterations, Phone:952.227.1160 is in violation of Chanhassen City Code and the Uniform Building Code, sections Fax 952.227.1170 102, 104.2.5 and 106.1. The home is therefore determined to be unsafe. The use Finance of your home as a multi -family dwelling is hereby ordered to be discontinued. Phone 952.227.1140 All residents occupying dwelling units in the home, which are found to be in Fax 952227.1110 violation, must vacate the building no later than February 3, 2003. Occupancy of Park & Recreation these dwelling units will not be allowed until such time as the building is Phone:952.227.1120 determined to be in compliance with all the requirements of the Chanhassen City Far 952.227.1110 Code and the Minnesota State Building Code., Recreation Center - 2310Coulter Boulevard You must contact me by January 15, 2002, to schedule inspections of the building Phone:952.227.1400 Fak, 9522271404 to determine which areas of the home are in violation and to verify that this order has been complied with. You must also notify any affected tenants. Failure to Planning a comply in the given timeframe will result in this matter being forwarded to the Natural Resources , Phone:957227.1130 City Attomey s Office for immediate action, I can he reached at 952-227-11�9. Fax 952.227.1110 Public waifs SincerelyATO�reOW 1591-Park Road Fiona:952227.1300 Fax 952.227.1310 Senior center Ste Phone:952227.1125 Building Official - - Fax 952.227.1110 Web Site CC: Kate Aanenson, Community Development Director www.d.chanhassen.Mus Mark Littfin, Fire Marshal Bob Reid, Building Inspector Roger Knutson, City Attorney Suspected tenants: Alan & Megan Moore, Rose Fields, Lee Roghair, Clapp Property file: 3891 62nd' Street g:/safety/br/garycerlsonI - - - - The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding hails, and beautiful parks. A great place to live, work, and play. VAN. 15, 2003 11:40AM MANSFIELD TANICK CHN NO. 990' P. 2 Mansfield Tanick 0 Cohen P.A. Attorneys at Law January 15, 2003 Via Facsimile and U.S. Mail Mr. Steven B. Torell Building official City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, IAN 55317 Dear Mr. Torell: RECEIVED JAN 15 2003 CHMR4SSEN INSPECTIONS I am in receipt of a copy of your correspondence to Mr. Gary Carlson, dated January 7, 2003. Please direct future correspondence regarding this matterto my attention, I also have had an opportunity to meet with Mr. Carlson to discuss the contents of the correspondence and the improvements that have been made to the above referenced premises. He has asked that I correspond with you (and hopefully we can discuss these matters telephonically as well) regarding the resolution of your concerns. It is important to note that in my conversations with Mr. Carlson, he made it clear that, at no time, has he purposely attempted to mislead anyone regarding the improvements or the occupancy of his property. He further was previously under the impression that he was in good standing with his rentals and with the City regarding the improvements. He is obviously willing to participate in any inspections or obtain any permits as may be necessary for the improvements. Mr. Carlson acknowledges some delays in the inspection process as a result of the grave illness of his father (who was residing at the premises) and who passed away a few weeks ago on Christmas Eve. I have attached, for your review, a copy of correspondence from the City of Chanhassen, dated July 5, 1988, wherein the City acknowledged the existence of the rentals at the property and grandfathered them in on certain conditions. It is of primary importance to note that Mr. Carlson has not expanded or enlarged the rentals at his property. The two rental units remain as they were on the date of the attached letter. Mr. Carlson has upgraded certain of the mechanicals for the house. I believe that these two rental units are occupied by Mr. Roghair and Mr. Clapp, As you are also aware, Mr. Carlson added an addition onto the premises in 1997, You may not be aware that this addition was for the benefit of Mr. Carlson's handicap daughter, Molly. The addition was built with handicap accessible facilities on the main floor. Molly 1700 Pillsbury Center South tel 612.339.4295 Alt aaomrys fieprard in Mmnmro. 220 South S'ath Street fax 612.339.3161 AaeveV herx din Minne P64, MN $5402-4511 www.mansricldtanick,can orornia, DsY1G o(G/um(da, 11fi..., NewYork end WY Mt;V 3mMb 4 ffi= in 5e* Peel and Sain Leers Park Minnaaa Mcmber.Leaywrs AvotiW Woridwide(LAMdedNewwrk of Leading Law Frets SIN, 15.2003 11:40AM MANSFIELD TANICK CHN z NO. 990 P. 3 Mansfield Tanick Q Cohen PA, AtWrnrA at Law Mr, Steven B. Torell January 15, 2003 Page 2 requires a motorized wheel chair and special computer equipment for communication. Mr. CarIson's other daughter Megan lives above Molly on the second story of the addition (together with her husband) and assists with Molly's care. A. family friend, Rose Fields also lived with my client and assisted with Molly's care (Ms. Fields is in the process of moving). As my client is willing to participate in any necessary inspection to determine the conformity with applicable codes, I would request that your determination that the property is "unsafe" be withdrawn. My client's only request is that the inspections be arranged in a manner so as to not be intrusive or upsetting to Molly and the tenants. If the inspections could be arranged one at a time we would greatly appreciate it. My client would also like to work with you to determine which items remain to be completed from any previous inspection. I would appreciate the opportunity to discuss this matter telephonically at your earliest convenience. Very truly yours, GMMlId Enclosure eve JAN 15 2�a3 t,HANHASSEN INSPECj1QNs if:• El &N. 15.2003 11:40AM July 5, 1988 MANSFIELD TANICK CHN NO.990 P. 4 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. Gary Carlson 3831 West 62nd Street Excelsior, MN 55331 Dear Mr. Carlson, It is my understanding that you your home since 1982. Section states that nonconforming uses 1987 may continue if not expand also provides that nonconformin altered if the "livability" of be advised though that if you d the home for one year, you cant RECEIVED JA N 15 2003 %HftENWSPECTjONS have been renting a portion of 0,_,71 of the Chanhassen City Code „A.'sting prior to February 19, r enlarged. Section 20-74 (b) ="residential units may be he ''$nits is improved. Please scof&inue renting a portion of t reestablish the rental unit. Should you need further infoiiation, me. c S Barbara Dacy City Planner a •f 4. w..�.%�. ten..• ::'a' L',rAay�iti i rr, •.�•�w.'2'f+"h:::.. `.Y'.. r,N.Ty n.. ... _ . � �, � .. ..� .. np Mf� •1i. nay i i' BD/od se feel free to contact Mansfield Tanick a Cohen P.A. Attorneys at Law Via Facsimile and U.S. Mail Mr. Steven B. Torell Building Official City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Mr. Gary Carlson's Inspections Dear Mr. Torell: Gam January 30, 2003 This letter is to follow up our conversation earlier today wherein we discussed the inspections that were conducted at the home of Gary Carlson. As we discussed, my client is willing to take steps necessary to remediate those issues relative to the deficient permits. Moreover, this letter is to confirm the usage of my client's property that we discussed earlier today. As we discussed, my client's addition includes three levels; basement, main floor and second floor. The main floor is currently occupied by my client's disabled daughter, Molly. The second floor is currently occupied by my client's other daughter and her husband. This daughter participates in the care of Molly which, as you are probably aware, is a 24 hour care situation. The basement of the addition is currently unoccupied and my client has no intentions of using the space as a rental unit or bedroom space. Currently, there are two occupied rental units in the property, both of which I understand you had an opportunity to inspect and review. Please advise me of the inspection reports and or letter of action that you may be preparing and sending to Mr. Carlson. I would like to participate in this process through its resolution. I appreciate your ongoing assistance in this matter. 1700 Pillsbury Center South 220 South Seth Street Minneapolis, MN 55402-4511 Very t dy! W�� tel 612339-4295 fax 612.339.3161 www. mansf eldtan ickcom u' Q 9�, O Fcr�Otis All atmmeys lurnsed in Minnesvv. Armmeyt also !i¢raed in Cnli(amia, Disbict ojCo/urxbp, lllinoe, New York and Wimwwn. swmh o(%nxs in saint Pad and saif true Pork, Minnesam Member. Lawyers Atmoated Worldwide (LAW) and Network of Leading Law Frms 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax 952227.1110 Building Inspections Phone: 952.227.1183 Fax 952.227.1190 Engineering Phone: 952.227.1160 Fax 952.227.1170 Finance Phone:952227.1140 Fax: 952227.1110 Park & Recreation Phone:952227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone:952227,1400 Fax: 952.227,1404 Planning & Natural Resources Phone:952227,1130 Fax 952227.1110 Public Works 1591 Park Road Phone:952.227.1300 Fax: 952227.1310 Senior Center Phone: 952227.1125 Fax: 952.227.1110 Web She www.ci.chanhassen.maus February 12, 2003 Mr. Gary Carlson 3891 West 62°a Street Excelsior, MN 55331 Dear Mr. Carlson, Thank you for the opportunity to conduct an inspection of your home on January 28, 2003. I have also received a letter from your attorney dated January 30, 2003, which describes the use of your home. The code issues involving your home will be addressed in three parts: 1) Existing rental dwelling units on the south end of the building; 2) Dwelling units in the addition on the north end of the home; and, 3) Zoning Violations. 1) Rental dwelling units, south end of building: The two dwelling units on the south end of your home have been rented to tenants since approximately 1982. In 1988 the city determined that this use, although non -conforming; could continue if the use was not expanded or enlarged. During the inspection, I found that the lower level unit had a living room;' kitchen, bathroom and two rooms that appeared to be bedrooms on the west side of the unit. These rooms did not have complying egress windows. There were no beds in these rooms; the bed was located in the living room, where you stated the tenant sleeps, The entrance/exit door was located in the living room. The upper level unit consisted of a living room, kitchen, bathroom and two bedrooms. The bedroom on the south side did not have a complying egress window; the bedroom to the north appeared to have a complying egress window. These rental units are now required to be licensed in accordance with City Code Chapter 10, Article VH, which was recently adopted. As partof the. licensing, the units must meet the requirements of the city's property maintenance code. You will be receiving information in the mail in the near future which will explain the licensing requirements and inspection process. The City at Chanhassen • A growing community with clean lakes, quality schools, a champing downtown, thriving businesses, winding Irails, and heautilul parks. A great place to live, work, and play. Mr. Gary Carlson February 12, 2003 Page 2 Until such time that these units receive licenses and inspection approval, the three rooms identified above that do not have complying egress windows may not be used as sleeping rooms. To do so is in violation of city code. 2) Dwelline units, north end of building: There are two dwelling units in the addition on the north end of the home. Permits to construct the addition were obtained in 1996 and 1997. The permits were given final approval in April of 1999. At the time of final inspection, the lower and upper level portions of the addition were unfinished. Since that time, both the upper and lower levels of the addition have been finished, and are now dwelling units, with separate facilities for sleeping, eating, cooking and sanitation. The work was completed without obtaining the required permits. The construction does not meet the requirements of the building code for a multi -family building, and the lower level dwelling unit does not have complying egress windows. To occupy these units is a violation of the building code. Permit #0203322, which was issued to you on November 27, 2002, for finishing the lower level, is hereby revoked in accordance with UBC Section 106.4.5. The permit was issued based on information that was incorrect and therefore issued in error. Plans you submitted on January 31, 2003, cannot be approved, as the use is in violation of zoning regulations as outlined below. The lower level dwelling unit was vacant on January 28, 2003, and must remain vacant until such time that it is in compliance with city code. The dwelling unit on the upper level must be vacated by March 3, 2003, and must remain vacant until such time that it too is in compliance with city code. The zoning violations outlined below must be addressed before a determination can be made as to what is required to bring the upper and lower levels of the addition into compliance with the building code. I ask that you schedule an inspection for March 3, 2003, to verify that the units have been vacated as requested. You also must act within the same timeframe to resolve the zoning violations. If you do not respond as requested, this matter will be turned over to the City Attorney's Office for immediate action. 3) Zoning Violations: You were given a letter from the city in 1988 stating that the two dwelling units in your home were legal non -conforming. A legal non -conforming use by city code cannot be expanded, intensified, replaced, structurally changed or Mr. Gary Carlson February 12, 2003 Page 3 replaced except to lessen the non -conformity. (City Code 20-72). It is my interpretation that you have created a multi -family dwelling — a detached building containing three (3) or more units (City Code 20-1). With the addition to your non -conforming structure you are in violation of the city's zoning ordinance.. Your property is zoned Residential Single Family which permits only one (1) Single Family detached dwelling unit. You must immediately cease the renting of your additional units. Your only relief from this requirement is to request a rezoning of your property (City Code Section 2.0-42). It is unlikely the staff would support a one lot rezoning in the middle of a single-family residential district. Or, you may request a. zoning appeal (City Code Section 20-28(2)) if you believe that there has been an error in the decision or determination made by an employee. In this instance, it was our interpretation of your dwelling as a multi -family dwelling that is the violation of the city code. Again, you must stop renting the additional dwelling units immediately. Please contact me if you wish to pursue either option I have identified to resolve the zoning issue. My telephone number is 952-227-1137. If you have building code questions, contact Steve Torell at 952-227-1199. Sincerely, 4R. &ns"onyK�— Community Development Director AvenB. ell Building Official pc: Roger Knutsen, City Attorney Robert Reid, Building Inspector Mark Littfin, Fire Marshal Mr. Gregory Miller, Mansfield Tanick & Cohen P.A. Property file: 3891 West 62d Street g/safety/st/ltrs/OccupancyNiolatiouO891 62°" StreeC AA �(�; SS'j1 6n1, 64 0 Mansfield Tanick a Cohen P.A. Attorneys at Law February 17, 2003 Via Facsimile and U.S. D1ail Mr. Steven B. Torell Building Official City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Gary Carlson Property Dear Mr. Torell: palac=4ED FE9 19 2003 CHANHASSEN INSPECTIONS Thank you for your correspondence dated February 12, 2003 regarding Mr. Carlson's property. In reviewing the items discussed, it is apparent that certain clarification is necessary, particularly regarding the designation of the property of a multi -family dwelling. Obviously this designation has a significant impact upon the building codes and other use issues related to the property. Key to our discussion is the definition of"renting." Since Chanhassen acknowledges the prior existence two rental units, and therefore the grandfathering of those units, it appears the areas of the house that remain dispute relate to the addition where Mr. Carlson's children reside. In your responsive voicemail to me on Thursday of last week you stated that you were not concerned with whether the children were actually paying rent. It appears that you are deeming this addition to be rental units primarily because of the existence of separate bathrooms and kitchenettes. As stated previously, Mr. Carlson's intention for the second level of the addition was always to house those who were helping with the "in home" we of his handicap daughter, not as a rental. In light of the above, it is apparent that Chanhassen approaches multi -housing issues different from other cities. I would request that you assist me by providing copies of your code relative to the definitions of "renting" and "muha-unit" buildings and the related codes. Please also provide tome copies of any building code or zoning code that you allege Mr. Carlson is in violation of. Moreover, my client wants to stress that the Chanhassen inspectors were, in fact, on the second floor of the addition while it was under construction and observed the 1700 Pillsbury Center South tel 612.339.4295 all euamrys liaemed in Minnnaa. 220 South Sixth Street fax 612.339.3161 Aa^'9' also luensed'n Minneapolis, MN 55402-4511 vv w.nnansfieldranick.corn Caliromia, Diiarxt ofCalumbw, 11h,x s, New York and Wammin. Brandt offset in Saint Paul and Saint Louis Park. Minnemw Member. Lawyers Associated Worldwide (LAW) and Network of Leading Law Firms Mansfield Tanick : Cohen P.A. Attomeys at law Mr. Torell February 17, 2003 Page 2 improvements as built. I understand that the inspectors noted "O.K. to occupy" on one of the inspection reports. My client would like to find an alternate resolution to this issue, given the stated requirement that Molly's home health care provider have to vacate the house. I believe a meeting can be productive, however, in all fairness, a resolution that would require Mr. Carlson's family members to vacate their house would be untenable. I appreciate your ongoing assistance in this matter Very truly yours, MANSFIELD TANIC & COHEN, P.A. o . Mi r GMWld cc: Gary Carlson CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell (651) 452-5000 RogerKnutson s Thomas M. Scott Fax (651) 452-5550 Elliott B. Knersch Joel J. Jamnik *** Andrea McDowell Poehler Direct Dial. (651) 234-6215 Matthew K. Brokl* . E-mailAddress: rknuison@ck-law.com *Al. 4m d i. wino March 31, 2003 Mr. Gregory M. Miller Mansfield, Tanick & Cohen, P.A. Attorneys at Law 1700 Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-4511 RE: GARY CARLSON PROPERTY / 3891 WEST 62HD STREET Dear Mr. Miller: John F. Kelly Matthew J. Foti Soren M. Martick Marguerite M. McCarron Gina M. Brandt I represent the City of Chanhassen. Steve Torell, the City's Building Official, asked me to review the correspondence concerning the Gary Carlson property. The two additional dwelling units that were created as a result of the 1996 addition to Mr. Carlson's home violate the City's zoning ordinance. These areas within the home are used as independent living quarters. If the violation continues, a citation will be issued. RNK:srn cc: Steve Torell, Building Official Chanhassen City Attorney FICEJIVE APR 2 2003 CHANHASSEN INSPECTIONS Suite 317 0 Eagandale Office Center 9 1380 Corporate Center Curve 0 Eagan, MN 55121