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MlNtTESOFTHE <br />ORONO PLANNING COMMISSION MEETING <br />Moadiy, AiigMst 16,2004 <br />6:00 o'clock p.nu <br />(#04-3046 Robert aod Breoda MocDoaald, cootiooed) <br />Kelley acknowledged that it is better for a builder to obtain a building permit at the apprupnaie time <br />and that he is not going to dispute the fact that no permit was obtained. Kelley stated the City has the <br />right to impose double the normal bu Iding permit fees w henever a building permit is not obtained <br />prior to construction. <br />Rahn noted that is correct, but that residents cannot cook into the Cit>’ and buy a variance. Rahn <br />indicated the property owners should go through the variance process and that paying double permit <br />fees does not negate the fact that a variance w as requurd for the construction. <br />MacDonald stated ongmally he had approached the City and attempted to make the garage larger <br />and insuill bathroom facilities because the pool is adjacent to the garage. MacDonald indicated <br />because it was not convenient to do that, he elected not to go ahead with that project and to simply <br />remodel the e.xisting garage. MacDonald stated he instructed his caretaker to take care of the project, <br />left for Florida, and when he came back, found that the garage had been completed. <br />Kempf stated in his opinion the reason why a permit was not applied for was to avoid having the <br />property come under a hardcover review. Kempf stated if this garage had been determined to be a <br />rebuild, the City would ha\r reviewed the hardcover. Kempf noted this lot has an excessive amount <br />of hardcover. <br />MacDonald stated the amount of hardcover on this lot has existed since he purchased the properly and <br />that he has not changed it. <br />Kempf stated in his view this project w'as done the way it was done to avoid a hardcover review. <br />Kempf indicated one option is to cut off that one comer of the building and make it a 45 -degree angle <br />so the structure dors not encroach into the setback. <br />Rahn stated he docs not have a problem w ith the location of the garage but that it is imuting that there <br />arc contractors out there who do not pull permits. Rahn indicated in hts view, m light of the water <br />problems and the small encroachment, the City probably would not have had an issue with rebuilding <br />the garage in its present location but that the City in all likelihood w ould have requested the hardcover <br />be reduced. Rahn staled in his opinion the issue is the excessive amount of hardcover. <br />Kelley commented he did not mean to suggest that a resident could come into the City and buy a <br />variance, but that the City does have methods in place to deal with a situation w here no building <br />permit is obiained prior to construction. Kelley noted the City ’s codes do not define what a repair is. <br />Kelley indicated the .Minnesota Stale Legislature did recently amend the laws concerning <br />nonconforming structures and prov'ides that people can restore and replace nonconforming structures. <br />Kelley stated even if the Planning Commission finds that this w ent beyond repair and maintenance, the <br />current law allows property' owuers to replace or restore a nonconforming structure. <br />Fritzlcr noted the property owner needs to go about it ui the proper manner, w hich is to obtain a <br />building permit and a demolition permit. <br />PAGE 19