04-13-2020 Council Packet - Laserfiche WebLink

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City of Orono Mayor Walsh & Councilmembers April 6, 2020 Page 2 Subdivision Condition No. 6 The common driveway shared by Lot 2 and 2715 Pence Lane shall be maintained to provide an acceptable driving surface at all times. Our clients have confirmed that Vogstrom has removed the construction fence allowing both the Dunkley Property (Lot 1) and the Vogstrom Property (Lot 2) to access the shared driveway in violation of the above conditions. Minnesota Statutes Section 462.357 462.357, subd 1a.(i) requires that in evaluating all conditional use permits, the city “shall” require the property owner to address storm water, vegetative buffer, and “other conservation-designed actions.” The shoreland regulations falls squarely within the category of conservation-designed actions. Accordingly, the City has a statutory obligation to address the outstanding violations. Any CUP approval must be conditioned on reconciling the shoreland regulation violations. The City Code also requires compliance with the City’s zoning ordinance as a pre-requisite to the issuance of a CUP. Pursuant to City Code Section 78-916(a)(2), the City must find that the proposed use is or will be “compliant with the zoning code.” Here, the proposed use is a single- family home with the addition of a shower in the accessory structure. The existing shoreland ordinance violations and subdivision ordinance violations preclude the City from concluding that finding number 2 is met. Accordingly, as long as there are zoning violations, the City cannot make the required findings and is therefore unable to approve the Application. Vogstrom has repeatedly demonstrated disregard for the City Code and subdivision approvals. It is incumbent upon the City Council to hold Vogstrom accountable for the ongoing violations and ensure compliance with the City Code. Sincerely, William C. Griffith, for Larkin Hoffman Direct Dial: 952-896-3290 Direct Fax: 952-842-1729 Email: wgriffith@larkinhoffman.com Enclosure cc: Greg and Kelli Hueler (via email only)