2010-03-09 Oakland Homes Compliance
Jane Arnoldy
From:Jon Sutherland
Sent:Tuesday, March 09, 2010 5:37 PM
To:Mariah Turner
Cc:Tori Leonhardt; Larry Kruse
Subject:RE: RE: Hunters Pass Estates
Hello Mariah,
I discussed this with staff and we came to the conclusion that we generally support your position regarding the garages.
There are some complications when it comes to legal aspects because attorneys have different opinions. I intend to
draft a letter to Oakland homes that informs them they need to submit home design plans in conformance with the
original city approval per the PUD. I think it is best to keep an open dialogue and that we should include Oakland in this
conversation also. They have done an exceptional job of working with the City in the past and I expect that to continue.
I welcome and am thankful for your input.
Respectfully,
Jon Sutherland
-----Original Message-----
From: Mariah Turner [mailto:mariah_turner@charter.net]
Sent: Tuesday, March 09, 2010 2:46 PM
To: Jon Sutherland
Cc: Tori Leonhardt
Subject: Fwd: RE: Hunters Pass Estates
Good Afternoon Jon,
I was just checking to see if there is an update on the situation with Oakland Homes. There is a board meeting for our
association tonight and if you have any new information on this, I can pass it along to the members. We appreciate any
information you have for us.
Thanks So Much,
Mariah Turner
> Subject: RE: Hunters Pass Estates
> Date: Mon, 1 Mar 2010 17:00:33 -0600
> From: "Tori Leonhardt" <tleonhardt@ci.albertville.mn.us>
> To: "Mariah Turner" <mariah_turner@charter.net>
>
> I reminded Jon about it today. He is discussing it with staff tomorrow.
>
> -----Original Message-----
> From: Mariah Turner [mailto:mariah_turner@charter.net]
> Sent: Monday, March 01, 2010 3:01 PM
> To: Tori Leonhardt
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> Subject: Fwd: Hunters Pass Estates
>
> Good Afternoon Tori,
>
> I was just wondering if you've heard anything on this? I don't want to
> be a nuisance, but a couple of people have asked, so I thought I would
> touch base with you on it.
>
> People are concerned because Oakland is now updating their web site
> again with different models where they are removing the larger home
> plans and putting on smaller ones that again don't seem to meet the
> minimum square footage per the PUD. Any information you are able to
> provide is helpful and we are extremely appreciative.
>
> Have a Great Day,
> Mariah Turner
>
> > Date: Thu, 11 Feb 2010 17:21:19 -0500
> > From: Mariah Turner <mariah_turner@charter.net>
> > To: tleonhardt@ci.albertville.mn.us
> > Subject: Hunters Pass Estates
> > Cc: hunterspassestates@charter.net, lynneerickson@charter.net,
> JOHN HAWKINS <johnhawkins9999@msn.com>, darylbecker@yahoo.com
> >
> > February 11, 2010
> >
> > City of Albertville
> > Attn: Tori Leonhardt
> > 5959 Main Avenue NE
> > Albertville, MN 55301
> >
> > Re: Hunters Pass Estates
> >
> > Dear Tori,
> >
> > As we discussed on Tuesday, I am writing to the City on behalf of
> > the
> homeowners and as a representative of the Hunters Pass Estates HOA
> Board of Directors regarding the home plans that are being offered in
> our neighborhood by Oakland Homes. From what we can tell, there are at
> least
> 2 home designs (links to these home plans below) that do not meet the
> Architectural Guidelines from Exhibit D of the PUD that was approved
> by the city.
> >
> > Item number 5 of the PUD specifically states that garages must have
> > a
> minimum of 600 square feet and should be de-emphasized on the
> elevations. As you can see by the home designs linked below, the
> garages are definitely not de-emphasized as they are positioned
> completely in front of the homes. In addition, we believe that these
> models may not meet the minimum square footage requirements that are
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> described in item number 8 of Exhibit D.
> >
> > The Association's Board of Directors was made aware of these
> non-compliant home designs by the Association's Design Review
> Committee
> (DRC) and in agreement with that committee wrote a letter to Oakland
> Homes to make them aware that they have not submitted the home plans
> to the committee and that the 2 home designs shown below do not meet
> the PUD/Association's Design Guidelines and will not be approved by
> the DRC for those reasons stated.
> >
> > In a letter from Oakland's Attorney, Daniel B. Greenstein, dated
> February 4, 2010, Mr. Greenstein states that Oakland has now gained
> the Declarant's Reserved Rights as of 01/25/2010 that were previously
> reserved for Hunters Development, LLC when Hunters Development was
> owner of the lots Oakland purchased in 2007. He states that these
> Declarant rights supersede the decision of the DRC and that they
> basically intend to build the homes they decide upon without the DRC approval.
> >
> > In regards to Oakland claiming they have obtained the "Declarant"
> rights, our attorney is verifying that since the transfer of those
> rights were not part of the original purchase agreement and not
> transferred to Oakland at the time that Oakland purchased the lots,
> they can not transfer those rights to Oakland now. However; in any
> case, it is the HOA's understanding that Oakland can not build homes
> that do not meet the demands of the PUD. Therefore, the Hunters Pass
> HOA is asking that the City of Albertville take a look at the
> information provided and if they too believe that these home designs
> do not meet the PUD that the city responds to Oakland Homes listing
> the reasons these homes will not be approved by the city.
> >
> > As the association Board of Directors, we are definitely not
> architects, but believe that our findings are factual based on the
> home designs shown on Oakland's website. The homeowners are extremely
> concerned that Oakland will build these homes with the much emphasized
> garages and feel that they would not flow well architecturally with
> the homes currently present. I am attaching a couple of pictures where
> Oakland has built these home designs in the St. Michael neighborhood
> of the Landings by the Crow River. The Landings also had similar homes
> designs as Hunters Pass where the neighborhood had an executive look
> with de-emphasized garages. Then Oakland built these other models (the
> same ones that we are disputing in Hunters Pass) and as you can see
> the garages are extremely emphasized and you can not see the house
> portion of the homes as you can in the homes surrounding these models.
> >
> > Please let us know if this is something the City of Albertville can
> review and can respond to Oakland about. Any information or direction
> you can provide us is greatly appreciated. We as current homeowners
> are dedicated to preserving the architectural integrity of our
> neighborhood and also protect our home values. If you can please
> respond to myself at mariah_turner@charter.net or to Hunters Pass
> Estates directly via e-mail at hunterspassestates@charter.net or by US
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> Mail at PO Box 42 Albertville, MN 55301 we would be grateful.
> >
> > Oakland Homes Cypress Model
> > http://www.homesbyoakland.com/FloorPlan.aspx?mid=13&nhid=3
> >
> > Oakland Homes Bayhill Model
> > http://www.homesbyoakland.com/FloorPlan.aspx?mid=12&nhid=3
> >
> >
> > Thank You,
> > Mariah Turner
> > Secretary of Hunters Pass Estates HOA, Inc.
>
>
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