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7.13. SR 06-16-1997Item# 7.13. ity of iver MEMORANDUM Mayor and City Council FROM: DATE: Steve Ach, City Planner.~_~ June 16, 1997 SUBJECT: Complaint from Resident on Pinewood Golf Course This issue may have been brought to some of the Councilmember's attention last year by a resident who lives on Pinewood Golf Course. The issue relates to golf balls being hit into the resident's yard, causing a safety concern for their family. Last year when this issue was brought to my attention I had the opportunity to meet with Paul Krause on a couple of occasions to discuss this issue and recommend some changes he should consider on the golf course which may address the concerns outlined by the residents. Since last year, nothing has been done to address the problem and now that we are into a new golf season has begun and the problem has once again continued. One of the residents along the golf course is now requesting to install a net to prevent golf balls from entering their yard. This net would be roughly 25 feet tall and run for about 80 feet along the rear portion of their property. Technically, this would be considered a fence, therefore, staff is recommending the resident apply for a variance to the maximum fence height in a residential zone. I wanted to bring this to the City Council's attention because if this variance is presented to the Board of Adjustments and approved, unless it is appealed, the City Council will not have an opportunity to review this request. A 25 foot high net may be an issue with some of the adjacent residents. If it is, these comments will be heard at the Board of Adjustments public hearing. Staff will also continue to try and contact Mr. Krause to discuss resolving this problem of golf balls entering the residents' yards. Certainly, if Mr. Krause ever applies for a conditional use permit to expand his golf course or amend his current conditional use permit for the driving range, this will be an excellent opportunity for the Planning Commission and City Council to address this concern of the neighbors. I will be at the Council meeting Monday night to answer any questions the Council may have regarding this issue. \\elkriver\sys\shrdoc\council\pinewood.doc 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 To who it may concern: We built our home on Pinewood Golf Course in February 1992. We didn't know anything about golf, but thought it was a nice area,small quiet neighborhood, beautiful view etc. All this is true, but in the spring we learned real fast a little about golf. The first year, we had a few balls hit the house and alot of people in our yard looking for their ball. We didn't mind them in our yard, but it was the rude ones that thought they can hit anywhere, including our yard, that left us with a bad impression about the game. Every year we see that there are more and more people taking up the sport. Consequently, we are seeing more damage being done to our property, more dents in the house, broken windows, broken patio table, dented car etc. We pick up an average of five balls a night. These are just the ones golfers can't find. It has gotten so bad ,we are always having to watch for people teeing off while we mow our own yard, for fear of being hit in the head or face. I"ve been standing in my FRONT yard and had unexpected balls go by my head so quick, all I saw was a white blurr. That is a little too close for my comfort. Two years ago we approached Paul Krause with some of the problems we were having and have had in the past. He agreed something should be done, but he didn't know what. We felt the only thing that he could do was to put up a net near the T-off, because he can't move the hole, there is nowhere to go with it and it would be too costly. We approached him with the idea of putting up thenet, and we would pay half, suddenly it wasn't his problem or concern! We feel that we have the right not only to protect our property and ourselves, but enjoy it. We feel like prisoners in our own home, and Mr. Krause is getting paid to do it. According to the Protective Covenants of Pinewood, someone has the right and duty to provide for the safety of the residents. If we can't get a net put up near the tee-off we want to put one up on our property line,of course at our expense, and we would have to maintain it. If Paul puts one up, we think he should maintain it. Our neighbor hopes it goes on the course, but if we put it on our property, he understands our situation. He has seen the damage done and knows we are at risk in our yard. If we put up a net, we would try to make it as "attractive" as possible. It would be a regular net like other golf courses use and it would have to be twenty five feet high and eighty feet long. Please help us solve this issue if you can. Sincerely, Natalie Johnson TORRENS Pinewood (PROTECTIVE CONVENANTS) Know All Men By These Presents, That Thomas Noon and Jane Noon presently the owners and.proprietors of all of the lots in Pinewood .- a platted subdivision in the City of Elk River, in the County of Sherburne and State of Minnesota, according to the plat and.survey thereof on fil~ and of record in the office of the Register of Deeds in and for said County. and State (her'eafter referred to as "Subdivision"), have declared and by these presents do declare that all of the tracts in the subdivision are, and for a period of time hereinafter stated shall be, subject to the following protective covenants, restrictions and servitudes, and that every subsequent owner of said lots shall be bound to said covenants, restrictions and servitudes, and shall accept title thereto. 1. Land Use and Building Type. Each lot shall be used exclusively for oses. NQ buildin8 shall be erected, altered, placed or permitted ~~~n _~ 9~y lot other than one detached single family dwellingz. ~nd garage for not more than three cars. 2. Architectural Control. No building shall be erected, placed or altered on any lot until the construction plans and specifications and the plans showing the location of the structure have been approved by the Architectural Control Committee as to quality ~of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finished grade elevation. No fence or wall shall be erected, placed or altered on the lot nearer to any Street than approved by this Committee. 3. Quality and Size. Ail structures shall be of new construction. The ground floor area of the main structure exclusive of open porches and garages, shall be not  l ess th~uare feet for one story building. Any variance must be approved by the Architectural Control Committee. 4. Building Location. ~o buildings shall be located unless approved by the Architectural Control Committee. The comm£ttee may permi~ the location of small structures such as play houses and small garden tool houses, and boat houses', and screen houses. 5. Lot Area and ~idth. Ro single family dwelling shall'be erected Placed or permitted on the.building site which has an area of less than~iqS-T8~- square feet. NO lot shall be replatted, rearranged or resubdivided without the consent of the Architectural Control Committee. 6. Easements.· Easements for 'the installation and mairttenance of utilities are reserved as designated on the plat and no trees or shrubs are to be planted or maintaine~ on the utility easement ·except at the owner's risk. 7. Nuisances. No noxious or offensive trade or activity shall be carried on upo~ any lot, nor shall anything be done thereon which may become an annoyance to the neighborhood. ~No poultry, livestock or animals may be kept upon any lot except- two dogs or one cat per residence. No accumulation of junk, garbage or debris may ~e maintained on any lot. No trailer house, travel trailer, buses, trucks, or junk cars are allowed on premises unless properly garaged. 8. Temporary'Structures. No structure of a temporary nature, such as trailer house, camping truck, basement, tent, shack., garage, barn, out-house, or other buildings shall be used on any lot at any time ·as a residence either temporarily or permanently, nor shall'a structure, to be used as a residence be moved upon any lot. Ail structures shall be completed and finished on the exterior within nine months after c0ha~encement of the excavation of construction thereof, and before the structure shall be used as a residence. 9. Grading, Wells and Disposal Systems. No sod, fill, sand or grav~1 shall be sold or removed from any lot except with consent of the Architectural Control Committee. Excess soil from excavation Shall, not be stored upon any lot and will be delivered to such a point in the sUbdivision as may be directed by the Architectura? Control Committee. Ail lots shall be graded and maintained after construction is completed. Each dwelling shall be served with water and septic tank or disposal systems to ¢omp!y w£th public health ~tandards at the time of occupying the dwelling. Installation o~ individual wells and disposal systems shall require the approval ~ the Architectural Control Committee as to location on each'lot and With relation to similar installations on adjoining l;ots, and to relation to a central well if a central water· SYstem should be installed.. 10. Architectural Control Committee. ·The Architectural Control Committee is composed of 'Thomas Noon and'Jane Noon, and one' member appointed by them. A majority. of the Committee amy designate a representative t° act for it. In the event of . · death or resignation of any member of the Committee, the remaining members shall · have full authority to designate a successor.. Neither the members of the Committee nor its designated representative shall be°entitled to any Compensation for services performed pursuant to thu covenant. The Committee shall have the right and duty to plan orderly development of the subdivisions, and provide for the Signed befOre me a notary public of the county of Sherburne July 9, 1980. safety of the residents. 11. It is the express intent of the owners to add a second phase of lots and a second phase golf course to the land abutting the subject Pinewood 'f . Should such a project t,ucome a reality, the owners agree to abide by a similarly structured set of Protective Covenants to these herein, thereby maintain quality control of all lots in all phases of Pinewoodt It is the express intent'of the owners to provide all buyers of lots a preferential right to purchase golf course memberships or other club membership prior to'the sale of similar rights to the general public. This is not meant to imply a different price for such membership, only that lot buyers are assured of the first opportunity to purchase same at fair market rates. 12. Procedure of the Committee. The Committee's approval or disapproval as required in these covenants shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove within 30 days after plans and specicifications are submitted to it, or £n any .event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 13. Term. These covenants are to rum with the land and should be binding on all parties and all the persons claiming under them for a period of 30 years from the date these covenants are filed or recorded, after which said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by the majority of the then owners of the lots has been filed or recorded agreeing to change said covenants in whole or in part. OFFICE OF · REGISTER OF TITLES SHERBURNE COUNTY, MINN. THIS IS TO CERTIFY THAT THIS INSTRUMENT WAS DULY FILED ON ~~S '[NSTRUMEN?-NUMBER AS A MmORIAL ON CERTIFICATE ~I TLES